[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Proposed Rules]
[Pages 15715-15718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06272]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0089]
RIN 1625-AA08


Special Local Regulation; Stuart Sailfish Regatta, Indian River; 
Stuart, 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 Indian River located northeast of Ernest F. Lyons 
Bridge and south of Joes Cove, in Stuart, Florida during the Stuart 
Sailfish Regatta, a series of high-speed boat races. The Stuart 
Sailfish Regatta will take place from May 16 through May 18, 2014. 
Approximately 120 high-speed power boats will be participating in the 
event. It is anticipated that at least 100 spectator vessels will be 
present during the event. This 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: (1) A race area, where all 
persons and vessels, except those 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 area, where all 
persons and vessels, except those persons and vessels enforcing the 
buffer zone, or authorized participants or vessels transiting to the 
race area, are prohibited from entering, transiting through, anchoring 
in, or remaining within; and (3) a spectator area, where all persons 
are prohibited from entering the water or swimming in the designated 
area.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 21, 2014. Requests for public meetings must be 
received by the Coast Guard on or before April 21, 2014.

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 Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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. 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-2014-0089) 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

[[Page 15716]]

docket number (USCG-2014-0089) 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. Regulatory History and Information

    Previously, a temporary special local regulation regarding this 
marine event was published in the Code of Federal Regulations at 33 CFR 
100 (see 78 FR 18475). No final rule has been published in regards to 
this marine event. The proposed special local regulation is not new in 
its entirety, but merely reflects updates to certain details of the 
event.

C. 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 provide for the safety of life on the 
navigable waters of the United States during the Stuart Sailfish 
Regatta.

D. Discussion of Proposed Rule

    From May 16 through May 18, 2014, Stuart Sailfish Regatta, Inc. 
will be hosting the Stuart Sailfish Regatta, a series of high-speed 
boat races. The races will be held on the Indian River located 
northeast of Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, 
Florida. Approximately 120 high-speed power boats will be participating 
in the event. It is anticipated that at least 100 spectator vessels 
will be present during the event.
    The proposed rule will establish a special local regulation that 
will encompass certain navigable waters of the Indian River located 
northeast of Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, 
Florida. The special local regulation will be enforced daily from 8 
a.m. until 5 p.m. from May 16 through May 18, 2014. The special local 
regulation will consist of the following three areas: (1) A race area, 
where all persons and vessels, except those 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 
area, where all persons and vessels, except those persons and vessels 
enforcing the buffer zone, or authorized participants or vessels 
transiting to the race area, are prohibited from entering, transiting 
through, anchoring in, or remaining within; and (3) a spectator area, 
where all persons are prohibited from entering the water or swimming in 
the designated area.
    Persons and vessels may request authorization to enter the special 
local regulated area by contacting the Captain of the Port Miami by 
telephone at 305-535-4472, 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 special local 
regulated area is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative.

E. 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 proposed rule is not significant for the following reasons: (1) 
This special local regulation will be enforced for nine hours a day for 
three days; (2) non-participant persons and vessels may enter, transit 
through, anchor in, or remain within the regulated area during their 
respective enforcement periods if authorized by the Captain of the Port 
Miami or a designated representative; (3) non-participant persons and 
vessels not able to enter, transit through, anchor in, or remain within 
the regulated areas without authorization from the Captain of the Port 
Miami or a designated representative may operate in the surrounding 
areas during the respective enforcement periods; 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 
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 any of the regulated area during the respective 
enforcement periods. 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

[[Page 15717]]

compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section 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). The 
Coast Guard previously completed an environmental assessment for this 
event and regulation in 2012, as well as conducted a supplemental 
environmental assessment in 2013. The event and regulation for the 2012 
and 2013 occurrences are similar in all aspects to this year's event 
and regulation; therefore the same environmental assessment and 
supplemental environmental assessment are being referenced for this 
year's event and regulation. The environmental assessment is available 
in the docket folder for USCG-2012-0150 at www.regulations.gov. This 
proposed rule involves establishing a special local regulation that 
will be enforced from 8 a.m. until 5 p.m. daily May 16 through 18 2014. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. 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 a temporary 33 CFR 100.35T07-0089 to read as follows:


Sec.  100.35T07-0089  Special Local Regulation; Stuart Sailfish 
Regatta, Indian River, Stuart, FL.

    (a) Regulated Areas. The following regulated area is established as 
a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: Starting at Point 1 in position 27[deg]12'46'' N, 
80[deg]11'09'' W; thence southeast to Point 2 in position 
27[deg]12'41'' N, 80[deg]11'08'' W; thence southwest to Point 3 in 
position 27[deg]12'37'' N, 80[deg]11'11'' W; thence southwest to Point 
4 in position 27[deg]12'33'' N, 80[deg]11'18'' W; thence southwest to 
Point 5 in position 27[deg]12'31'' N, 80[deg]11'23'' W; thence west to 
Point 6 in position 27[deg]12'31'' N, 80[deg]11'27'' W; thence 
northwest to Point 7 in position 27[deg]12'33'' N, 80[deg]11'31'' W; 
thence northwest to Point 8 in position 27[deg]12'38'' N, 
80[deg]11'32'' W; thence northeast to Point 9 in position 
27[deg]12'42'' N, 80[deg]11'30'' W; thence northeast to Point 10 in 
position 27[deg]12'46'' N, 80[deg]11'26'' W; thence northeast to Point 
11 in position 27[deg]12'48'' N, 80[deg]11'20'' W; thence east to Point 
12 in position 27[deg]12'48'' N, 80[deg]11'15'' W; thence southeast 
back to origin. 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 the 
race area.
    (2) Buffer Zone. All waters of Indian River located northeast of 
Ernest Lyons

[[Page 15718]]

Bridge and south of Joes Cove that are encompassed within the following 
points: Starting at Point 1 in position 27[deg]12'47'' N, 
80[deg]11'43'' W; thence southeast to Point 2 in position 
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in 
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point 
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to 
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence 
southeast back to origin. All persons and vessels, except those persons 
and vessels enforcing the buffer zone, or authorized participants or 
vessels transiting to the race area, are prohibited from entering, 
transiting through, anchoring in, or remaining within the buffer zone.
    (3) Spectator Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: Starting at Point 1 in position 27[deg]12'48'' N, 
80[deg]11'43'' W; thence northeast to Point 2 in position 
27[deg]12'55'' N, 80[deg]11'26'' W; thence southeast to Point 3 in 
position 27[deg]12'52'' N, 80[deg]11'24'' W; thence southwest to Point 
4 in position 27[deg]12'40'' N, 80[deg]11'39'' W; thence northwest back 
to origin. All persons are prohibited from entering the water or 
swimming in 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 Miami in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
race area and/or buffer zone of the special local regulated area unless 
authorized by Captain of the Port Miami or a designated representative. 
All persons are prohibited from entering the water or swimming in the 
spectator area. Non-participant persons and vessels may request 
authorization to enter, transit through, anchor in, or remain within 
the race area and/or buffer zone of the special local regulated area by 
contacting the Captain of the Port Miami by telephone at 305-535-4472, 
or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative.
    (2) The Coast Guard will provide notice of the special local 
regulation by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.
    (d) Effective Date. This rule will be enforced from 8 a.m. until 5 
p.m. daily from May 16, 2014 through May 18, 2014.

    Dated: March 5, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-06272 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P