[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22808-22811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08984]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0171]
RIN 1625-AA08


Special Local Regulations; Pro Hydro-X Tour, Lake Dora; Tavares, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation on the waters on Lake Dora in Tavares, Florida during the 
Pro Hydro-X Tour, a series of high-speed personal watercraft races. The 
event is scheduled to take place on Saturday and Sunday, June 1-2 and 
June 8-9, 2013. Approximately 75 vessels are anticipated to participate 
in the races. This special local regulation is necessary to ensure the 
safety of life on navigable waters of the United States during the 
races. The special local regulation would consist of the following two 
areas during each weekend of its enforcement: (1) A race area, where 
all persons and vessels, except those persons and vessels participating 
in the high-speed personal watercraft races, are prohibited from 
entering, transiting, anchoring, or remaining; and (2) a buffer zone 
around the race area, where all persons and vessels, except those 
persons and vessels enforcing the buffer zone, or authorized 
participants and vessels transiting to the race area, are prohibited 
from entering, transiting, anchoring, or remaining unless authorized by 
the Captain of the Port Jacksonville or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 17, 2013. Requests for public meetings must be 
received by the Coast Guard on or May 1, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Robert Butts, Sector Jacksonville 
Office of Waterways Management, U.S. Coast Guard; telephone (904) 564-
7563, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.

[[Page 22809]]

You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use 
only one of these means. If you submit a comment online, it will be 
considered received by the Coast Guard when you successfully transmit 
the comment. If you fax, hand deliver, or mail your comment, it will be 
considered as having been received by the Coast Guard when it is 
received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0171] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0171 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during a regatta or marine parade.
    On Saturday and Sunday, June 1-2 and June 8-9, 2013, H2X Racing 
Promotions will host the Pro Hydro-X Tour, a series of high-speed 
personal watercraft races. The Pro Hydro-X Tour will be held on Lake 
Dora in Tavares, Florida. Approximately 75 vessels are anticipated to 
participate in the races. No spectator vessels are expected to attend 
the Pro Hydro-X Tour. In prior years, the two weekends of the event 
were spaced farther apart and multiple temporary regulations were 
issued for this same event. This year, due to the close proximity in 
time of the event, only a single regulation will be issued and 
enforced.

C. Discussion of Proposed Rule

    The proposed rule would establish a special local regulation that 
encompasses certain waters of Lake Dora in Tavares, Florida. The 
special local regulation will be enforced from 9 a.m. until 5:30 p.m. 
on June 1-2 and June 8-9, 2013. This special local regulation is 
necessary to ensure the safety of life on navigable waters of the 
United States during the races. The special local regulation will 
consist of the following two areas during each weekend that it is 
enforced: (1) A race area, where all persons and vessels, except those 
persons and vessels participating in the high-speed personal watercraft 
races, are prohibited from entering, transiting, anchoring, or 
remaining; and (2) a buffer zone around the race area, where all 
persons and vessels, except those persons and vessels enforcing the 
buffer zone, or authorized participants transiting to and from the race 
area, are prohibited from entering, transiting, anchoring, or remaining 
unless authorized by the Captain of the Port Jacksonville or a 
designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area or buffer zone by 
contacting the Captain of the Port Jacksonville by telephone at (904) 
564-7511, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the race area or buffer zone is granted by the Captain of the Port 
Jacksonville or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Jacksonville or a designated representative. The 
Coast Guard will provide notice of the special local regulations by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only 34 hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the race area or 
buffer zone without being an authorized participant or enforcing the 
buffer zone, or receiving authorization from the Captain of the Port 
Jacksonville or a designated representative, they may operate in the 
surrounding area during the enforcement periods; (3) nonparticipant 
persons and vessels may still enter, transit through, anchor in, or 
remain within the race area or buffer zone if authorized by the Captain 
of the Port Jacksonville or a designated representative; and (4) the 
Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

[[Page 22810]]

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to enter, transit through, anchor in, or remain within that 
portion of Lake Dora encompassed within the special local regulation 
from 9 a.m. until 5:30 p.m. on June 1-2, 2013 and June 8-9, 2013. For 
the reasons discussed in the Regulatory Planning and Review section 
above, this rule will not have a significant economic impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves a special local regulation issued in conjunction with a 
regatta or marine parade. This rule is categorically excluded from 
further review under paragraph 34(h) and 35(b) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T07-0171 to read as follows:


Sec.  100.35T07-0171  Special Local Regulations; Pro Hydro-X Tour, Lake 
Dora, Tavares, FL.

    (a) Regulated Areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.

[[Page 22811]]

    (1) Race Area. All waters of Lake Dora encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 28[deg]47'57'' N, 81[deg]43'39'' W; thence south to Point 2 in 
position 28[deg]47'55'' N, 81[deg]43'39'' W; thence east to Point 3 in 
position 28[deg]47'55'' N, 81[deg]43'22'' W; thence north to Point 4 in 
position 28[deg]47'58'' N, 81[deg]43'22'' W; thence west back to 
origin. All persons and vessels, except those persons and vessels 
participating in the high-speed personal watercraft races, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area.
    (2) Buffer Zone. All waters of Lake Dora, excluding the race area, 
encompassed within an imaginary line connecting the following points: 
Starting at Point 1 in position 28[deg]47'59'' N, 81[deg]43'41'' W; 
thence south to Point 2 in position 28[deg]47'53'' N, 81[deg]43'41'' W; 
thence east to Point 3 in position 28[deg]47'53'' N, 81[deg]43'19'' W; 
thence north to Point 4 in position 28[deg]47'59'' N, 81[deg]43'19'' W; 
thence west back to origin. All persons and vessels except those 
persons and vessels enforcing the buffer zone, or authorized 
participants transiting to or from the race area, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
buffer zone.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from:
    (A) Entering, transiting through, anchoring in, or remaining within 
the race area unless participating in the race.
    (B) Entering, transiting through, anchoring in, or remaining within 
the buffer zone, unless enforcing the buffer zone or an authorized race 
participant transiting to or from the race area.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Jacksonville by telephone at (904) 564-7511, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization is granted by the Captain of the Port Jacksonville or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas to 
the public by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced from 9 a.m. 
until 5:30 p.m. on June 1-2, 2013 and June 8-9, 2013.

    Dated: March 26, 2013.
R.E. Holmes,
Commander, U.S. Coast Guard, Acting Captain of the Port, Jacksonville.
[FR Doc. 2013-08984 Filed 4-16-13; 8:45 am]
BILLING CODE 9110-04-P