[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26246-26248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10682]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0297]
RIN 1625-AA08


Special Local Regulation, 50 Aniversario Balneario de Boqueron, 
Bahia de Boqueron; Boqueron, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of Bahia de Boqueron in Boqueron, PR during the 50 
Aniversario Balneario de Boqueron, a high speed boat race. The event is 
scheduled to take place on Sunday, May 5, 2013. Approximately 40 high-
speed power boats will be participating in the races. It is anticipated 
that 5 spectator crafts will be present during the races. The special 
local regulation is necessary for the safety of race participants, 
participant vessels, spectators, and the general public during the 
event. The special local regulation will establish the following three 
areas: a high speed boat race area, where all persons and vessels, 
except those persons and vessels participating in the high-speed boat 
races, are prohibited from entering, transiting through, anchoring in, 
or remaining within; 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 their authorized 
the race area, are prohibited from entering, transiting through, 
anchoring in, or remaining within; and a spectator area, where all 
vessels are prohibited from anchoring and from traveling in excess of 
wake speed, unless authorized by the Captain of the Port San Juan or a 
designated representative.

DATES: This rule is effective on May 5, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0297. 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 ``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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Lina Anderson, Sector San Juan Prevention 
Department, Coast Guard; telephone (787) 289-8679, 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. Regulatory Information

    The Coast Guard is issuing this temporary 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 the Coast Guard did not receive 
necessary information about the event with sufficient time to publish 
an NPRM and to receive public comments prior to the event. Any delay in 
the effective date of this rule would be contrary to the public 
interest because immediate action is needed to minimize potential 
danger to the race participants, participant vessels, spectators and 
the general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reasons discussed 
above.

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 the 50 Aniversario Balneario de Boqueron.

C. Discussion of the Final Rule

    On May 5, 2013, Municipio de Cabo Rojo is sponsoring the 50 
Aniversario Balneario de Boqueron, a series of high-speed boat races. 
The races will be held on the waters of Bahia de Boqueron in Boqueron, 
PR. Approximately 40 high-speed power boats will be participating in 
the races. It is anticipated that approximately 5 spectator vessels 
will be present during the races.
    The special local regulation encompasses certain waters of Bahia de 
Boqueron in Boqueron, PR and will be enforced from 9 a.m. until 4 p.m. 
on May 5, 2013. The special local regulation consists of the following 
three areas: (1) A high-speed boat race area, where all persons and 
vessels, except those persons and vessels participating in the high-
speed boat races, are prohibited from entering, transiting through, 
anchoring in, or remaining within; (2) a buffer zone around the race 
areas, where all persons and vessels, except those persons and vessels 
enforcing the buffer zone or authorized participants transiting to the 
race area, are prohibited from entering, transiting through, anchoring 
in, or remaining within; and (3) a spectator area, where all vessels 
are prohibited from anchoring or traveling in excess of wake speed 
unless authorized by the

[[Page 26247]]

Captain of the Port San Juan 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; or to anchor or 
travel in excess of wake speed in the spectator area by contacting the 
Captain of the Port San Juan by telephone at (787) 289-2041, 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; or to anchor or travel in excess of wake speed in the 
spectator area, is granted by the Captain of the Port San Juan or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port San Juan 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 seven hours; (2) although persons and vessels will not be able 
to enter, transit through, anchor in, or remain within the race area 
and buffer zone, or anchor in the spectator area, without authorization 
from the Captain of the Port San Juan or a designated representative, 
they may operate in the surrounding area during the enforcement period; 
(3) persons and vessels may still enter, transit through, anchor in, or 
remain within the race area and buffer zone, or anchor in the spectator 
area, during the enforcement period if authorized by the Captain of the 
Port San Juan or a designated representative; and (4) the Coast Guard 
will provide advance notification of the special local regulations 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 Bahia de 
Boqueron encompassed within the special local regulation from 9 a.m. 
until 4 p.m. on May 5, 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.

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 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 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 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 
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.

[[Page 26248]]

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 determined 
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 rule involves a special local regulation issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded under paragraph 34(h) and 35(b) of Figure 2-1 of the 
Commandant Instruction. An 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 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 a temporary Sec.  100.35T07-0297 to read as follows:


Sec.  100.35T07-0297  Special Local Regulation, 50 Aniversario 
Balneario de Boqueron, Bahia de Boqueron; Boqueron, PR.

    (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 Bahia de Boqueron, Boqueron, 
Puerto Rico encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 18[deg]01.030' N, 
67[deg]10.466' W; thence west to Point 2 in position 18[deg]01.048' N, 
67[deg]10.535' W; thence southwest to Point 3 in position 
18[deg]00.770' N, 67[deg]10.683' W; thence east to point 4 in position 
18[deg]00.750' N, 67[deg]10.611' N; thence northwest back to origin. 
All persons and vessels, except those persons and vessels participating 
in the high-speed boat race, are prohibited from entering, transiting, 
anchoring, or remaining within the race area.
    (2) Buffer Zone. All waters of the Bahia de Boqueron, Boqueron, 
Puerto Rico encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 18[deg]01.099' N, 
67[deg]10.540' W; thence southwest to Point 2 in position 
18[deg]00.756' N, 67[deg]10.731' W; thence east to Point 3 in position 
18[deg]00.716' N, 67[deg]10.581' W; thence northeast to point 4 in 
position 18[deg]01.069' N, 67[deg]10.401' N; thence west back to 
origin. All persons and vessels except those persons and vessels 
enforcing the buffer zone are prohibited from entering, transiting 
through, anchoring in, or remaining within the buffer zone, with the 
exception of authorized race participants transiting to or from the 
race area.
    (3) Spectator Area. All waters of the Bahia de Boqueron excluding 
the race area and the buffer zone, encompassed within an imaginary line 
connecting the following points: starting at Point 1 in position 
18[deg]00.977' N, 67[deg]10.392' W; thence southwest to Point 2 in 
position 18[deg]00.780' N, 67[deg]10.481' W; thence east to Point 3 in 
position 18[deg]00.780' N, 67[deg]10.464' W; thence northeast to Point 
3 in position 18[deg]00.977' N, 67[deg]10.385' W; thence west back to 
origin. All persons and vessels are prohibited from traveling in excess 
of wake speed and anchoring within the spectator area. On-scene 
designated representatives will direct spectator vessels to the 
spectator area.
    (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 San Juan in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Except for those persons and vessels participating in the race, 
all persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the race area. Except for 
those persons and vessels enforcing the buffer zone, or authorized 
participants transiting to or from the race area, all persons and 
vessels are prohibited from entering, transiting through, anchoring in, 
or remaining within the buffer area. All persons are prohibited from 
anchoring in, or traveling in excess of wake speed in the spectator 
area. Persons and vessels may request authorization to enter, transit 
through, anchor in, remain within the regulated areas, or to travel in 
excess of wake speed or anchor in the spectator area, by contacting the 
Captain of the Port San Juan by telephone at (787) 289-2041, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port San Juan 
or a designated representative.
    (2) 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 
4 p.m. on May 5, 2013.

    Dated: April 19, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-10682 Filed 5-3-13; 8:45 am]
BILLING CODE 9110-04-P