[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25574-25577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10226]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0071]
RIN 1625-AA08


Special Local Regulations; Third Annual Space Coast Super Boat 
Grand Prix, Atlantic Ocean; Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Atlantic Ocean east of Cocoa Beach, Florida during 
the Space Coast Super Boat Grand Prix, a series of high-speed boat 
races. The event is scheduled to take place on Saturday and Sunday, May 
18-19, 2013, and approximately 30 high-speed race boats are anticipated 
to participate in the races, and approximately 200 spectator vessels 
are expected to attend the event. This special local regulation is 
necessary to provide for the safety of life on navigable waters of the 
United States during the races.

DATES: This rule is effective from 9 a.m. on May 18, 2013, until 5:30 
p.m. on May 19, 2013. This rule will be enforced from 9 a.m. until 5:30 
p.m. daily on May 18, 2013, and May 19, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0071. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``Keyword'' box, and then 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Lieutenant Commander Robert Butts, 
Sector Jacksonville Office of Waterways Management, Coast Guard; 
telephone

[[Page 25575]]

(904) 564-7563, email [email protected]. If you have questions on 
viewing 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. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable to do so. The 
Coast Guard did not receive information regarding this race with 
sufficient time to administratively process both an NPRM and a final 
rule.
    Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. The Coast Guard 
did not receive the information for this event until it was too late to 
allow for a 30-day delayed effective date. Additionally, this event 
involves approximately 30 participant vessels and 200 spectator 
vessels. Due to the inherent dangers involved with a high-speed race 
and the number of vessels involved, it is in the best interest of the 
public to have a regulation in place and to not delay its effective 
date.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On Saturday and Sunday, May 18-19, 2013, Super Boat International 
Productions, Inc. will host the Space Coast Super Boat Grand Prix, a 
series of high-speed boat races. The event will be held on the waters 
of the Atlantic Ocean east of Cocoa Beach, Florida. Approximately 30 
high-speed power boats are anticipated to participate in the races. It 
is anticipated that at least 200 spectator vessels will be present 
during the event.
    The purpose of the rule is to ensure safety of life on navigable 
waters of the United States during the Space Coast Super Boat Grand 
Prix.

C. Discussion of the Final Rule

    The special local regulation will encompass certain waters of the 
Atlantic Ocean east of Cocoa Beach, Florida. The special local 
regulation will be enforced from 9 a.m. until 5:30 p.m., May 18-19, 
2013. The special local regulation will consist of the following two 
areas: (1) A race area, where all persons and vessels, except those 
persons and vessels participating in the high-speed boat 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, are 
prohibited from entering, transiting, anchoring, or remaining. 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) 564-7513, 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 rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This 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 17 hours over the course of two days; (2) although non-
participant persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the race area or buffer zone 
without authorization from the Captain of the Port Jacksonville or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) non-participant 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 the 
Atlantic Ocean encompassed within the special local regulation from 9 
a.m. until 5:30 p.m. on May 18-19, 2013.
    For the reasons discussed in the Executive Order 12866 and 
Executive Order 13563 section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

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 rule. If the rule would affect your 
small business, organization, or governmental

[[Page 25576]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This 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 State, 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 rule under that Order and have 
determined that it 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 
INTFORMATION 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

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

11. Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of 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. An environmental analysis checklist 
and a categorical exclusion determination supporting this determination 
are not required for this rule.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
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.  100.35T07-0071 to read as follows:


Sec.  100.35T07-0071  Special Local Regulations; Space Coast Super Boat 
Grand Prix, Atlantic Ocean; Cocoa Beach, FL.

    (a) Regulated areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of the Atlantic Ocean located east of 
Cocoa Beach encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 28[deg]22'10'' N, 
80[deg]35'51'' W; thence east to Point 2 in position 28[deg]22'10'' N, 
80[deg]35'47'' W; thence south to Point 3 in position 28[deg]19'54'' N, 
80[deg]36'02'' W; thence west to Point 4 in position 28[deg]19'54'' N, 
80[deg]36'08'' W; thence north back to origin. Only authorized race 
participants may enter the race area.
    (2) Buffer zone. All waters of the Atlantic Ocean located east of 
Cocoa Beach, excluding the race area, and encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 28[deg]22'16'' N, 80[deg]36'04'' W; thence east to Point 2 in 
position 28[deg]22'15'' N, 80[deg]35'39'' W; thence south to Point 3 in 
position 28[deg]19'47'' N, 80[deg]35'55'' W; thence west to Point 4 in 
position 28[deg]19'47'' N, 80[deg]36'22'' W; thence north back to 
origin. Only vessels enforcing the buffer zone and authorized race 
participants transiting to the race area may enter 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

[[Page 25577]]

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 
entering, transiting through, anchoring in, or remaining within Race 
Area unless an authorized race participant.
    (2) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within Buffer Zone 
except for those vessels enforcing the buffer zone or authorized race 
participants transiting to the race area.
    (3) Vessels that are neither participating in the race or enforcing 
the buffer zone are prohibited from entering the regulated areas unless 
authorized by the Captain of the Port Jacksonville or a designated 
representative.
    (4) 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) 564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated areas 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.
    (5) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement date. This rule will be enforced from 9 a.m. until 
5:30 p.m. on May 18-19, 2013.

    Dated: April 18, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-10226 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-04-P