[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57063-57066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0652]
RIN 1625-AA08


Special Local Regulations; Jacksonville Dragon Boat Festival; St. 
Johns River; Jacksonville, 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 St. Johns River in Jacksonville, Florida during the 
Jacksonville Dragon Boat Festival, a series of paddle boat races. The 
event is scheduled to take place on Saturday, September 21, 2013. The 
race course will be set up on Friday, September 20, 2013. Approximately 
eight 48 foot paddle boats will participate in the races and 
approximately 20 spectator

[[Page 57064]]

vessels are expected to attend the event. The Special Local Regulation 
will establish a regulated area that consists of a race area and a 
buffer zone that will temporarily restrict vessel traffic in a portion 
of the St. Johns River. Non-participant persons and vessels will be 
prohibited from entering or transiting through the area unless 
authorized by the Captain of the Port Jacksonville or a designated 
representative.

DATES: This rule is effective from 8 a.m. until 6 p.m. on September 20-
21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0652. 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 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 (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 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 there is not sufficient time 
remaining 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), 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.

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 Jacksonville Dragon Boat Festival.

C. Discussion of the Final Rule

    On Saturday, September 21, 2013, In the Pink Boutique, Inc. will 
host the Jacksonville Dragon Boat Festival, a series of boat races. The 
Race Area will be set up on September 20, 2013 between the hours of 
8:00 a.m. and 6:00 p.m. The event will be held on the waters of the St. 
Johns River, Florida. Approximately 8 boats are anticipated to 
participate in the races. It is anticipated that at least 20 spectator 
vessels will be present during the event.
    The rule will establish special local regulations that encompass 
certain waters of the St. Johns River, Jacksonville, Florida. The 
special local regulations will be enforced from 8 a.m. until 6:00 p.m. 
on September 21, 2013. The special local regulations will consist of 
the following areas: A race area, where all persons and vessels, except 
those persons and vessels participating in the races, are prohibited 
from entering, transiting, anchoring, or remaining and a buffer zone 
where all persons vessels, except those persons and vessels 
participating in the races wishing to transit through the buffer zone 
must do so at bare steerageway. Persons and vessels will be able to 
request authorization to enter, transit through, anchor in, or remain 
within the race area 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 is granted by the Captain of the 
Port Jacksonville or a designated representative, all persons and 
vessels receiving such authorization are required to comply with the 
instructions of the Captain of the Port Jacksonville or a designated 
representative. 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. 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 temporary final rule is not significant 
for the following reasons: (1) The special local regulations will be 
enforced for a total of 20 hours over two days; (2) although persons 
and vessels will not be able to enter, transit through, anchor in, or 
remain within the race area without authorization from the Captain of 
the Port Jacksonville or a designated representative, they will be able 
to transit through the surrounding area during the enforcement period; 
(3) persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the race area 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

[[Page 57065]]

entities: the owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the St. 
Johns River encompassed within the special local regulations from 8 
a.m. until 6:00 p.m. on September 20-21, 2013. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule would 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 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 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 
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 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 
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, 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.  100.35T07-0652 to read as follows:


Sec.  100.35T07-0652  Special Local Regulations; Jacksonville Dragon 
Boat Festival; St. Johns River; Jacksonville, FL.

    (a) Regulated Areas. The following regulated areas are established. 
All coordinates are North American Datum 1983.
    (1) Race Area. All waters of the St. Johns River located in 
downtown

[[Page 57066]]

Jacksonville, FL encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 30[deg]19'26.61'' N, 
81[deg]39'46.45'' W; thence south to Point 2 in position 
30[deg]19'22.90'' N, 81[deg]39'47.03'' W; thence east to Point 3 in 
position 30[deg]19'22.27'' N, 81[deg]39'32.14'' W; thence north to 
Point 4 in position 30[deg]19'26.16'' N, 81[deg]39'31.69'' W; thence 
west back to origin.
    (2) Buffer Zone. All waters of the St. Johns River located in 
downtown Jacksonville, FL encompassed within an imaginary line 
connecting the following points: starting at Point 1 in position 
30[deg]19'26.14'' N, 81[deg]39'49.48'' W; thence south to Point 2 in 
position 30[deg]19'21.23'' N, 81[deg]39'47.63'' W; thence east to Point 
3 in position 30[deg]19'19.91'' N, 81[deg]39'28.36'' W; thence north to 
Point 4 in position 30[deg]19'25.96'' N, 81[deg]39'27.97'' W; thence 
west along the shoreline back to origin.
    (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:
    (i) Entering, transiting through, anchoring in, or remaining within 
Race Area unless an authorized race participant.
    (ii) Anchoring in, or remaining within the buffer zone, unless 
enforcing the buffer zone or a race participant transiting to the race 
area. Vessels wishing to transit through the buffer zone must do so at 
bare steerageway.
    (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) 564-7513, 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 by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8 
a.m. until 6:00 p.m. on September 20, 2013 through September 21, 2013.

    Dated: August 28, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-22596 Filed 9-16-13; 8:45 am]
BILLING CODE 9110-04-P