[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Proposed Rules]
[Pages 15176-15179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06149]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1079]
RIN 1625-AA00


Safety Zone, Daytona Beach Grand Prix of the Seas; Atlantic 
Ocean; Daytona Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of the Atlantic Ocean east of Daytona Beach, Florida during the 
Daytona Beach Grand Prix of the Seas, a series of high-speed personal 
watercraft boat races. This proposed safety zone would be enforced from 
7 a.m. on Friday until 7 p.m. on Sunday during the last weekend in 
April. Approximately 50 high-speed personal watercrafts are anticipated 
to participate in the races, and approximately 20 spectator vessels are 
expected to attend the event. This safety zone is necessary to ensure 
the safety of life on navigable waters of the United States during the 
races. The regulated area would consist of the following location: All 
waters of the Atlantic Ocean encompassed within the following points: 
starting at Point 1 in position 29[deg]14.601' N, 81[deg]00.767' W; 
thence south to Point 2 in position 29[deg]13.677' N, 81[deg]00.283' W; 
thence east to Point 3 in position 29[deg]13.860' N, 080[deg]59.763' W; 
thence north to Point 4 in position 29[deg]14.781' N, 80[deg]59.802' W; 
thence west back to origin. All persons and vessels, except those 
persons and vessels participating in the high-speed personal watercraft 
event, are prohibited from entering, transiting, anchoring, or 
remaining in the regulated area 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 by April 22, 2015. Requests for public meetings must be received 
by the Coast Guard on or before March 24, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-1079 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    Mail or delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey

[[Page 15177]]

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: Lieutenant Allan Storm, Coast Guard 
Sector Jacksonville, Chief of Waterways Management, telephone (904) 
564-7563, 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, 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-2014-1079] in the ``SEARCH'' box and click 
``SEARCH.'' Click on the ``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-2014-1079) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder 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 on or before March 24, 2015 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 proposed rule is the Coast Guard's 
authority to establish safety zones: 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; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.
    The purpose of the proposed rule is to ensure safety of life and 
property on navigable waters of the United States during the Daytona 
Beach Grand Prix of the Seas.

C. Discussion of Proposed Rule

    Powerboat P1-USA hosts the Daytona Beach Grand Prix of the Sea, a 
series of high-speed personal watercraft boat races, every year on the 
last weekend of April.
    The proposed rule would establish a safety zone that encompasses 
certain waters of the Atlantic Ocean east of Daytona Beach, Florida. 
Approximately 50 high-speed personal watercrafts are anticipated to 
participate in the races, and approximately 20 spectator vessels are 
expected to attend the event.
    This proposed safety zone would be enforced from 7 a.m. on Friday 
until 7 p.m. on Sunday during the last weekend in April. The regulated 
area would consist of the following location: (1) All waters of the 
Atlantic Ocean encompassed within the following points: starting at 
Point 1 in position 29[deg]14.601' N, 81[deg]00.767' W; thence south to 
Point 2 in position 29[deg]13.677' N, 81[deg]00.283' W; thence east to 
Point 3 in position 29[deg]13.860' N, 080[deg]59.763' W; thence north 
to Point 4 in position 29[deg]14.781' N, 80[deg]59.802' W; thence west 
back to origin. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the regulated area may contact the Captain 
of the Port Jacksonville via 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 in the regulated area 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 to the maritime community when this 
safety zone will be in effect via Broadcast Notice to Mariners or by 
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

[[Page 15178]]

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) The safety zone would be enforced for a 
total of only 36 hours over the course of three days; (2) although 
persons and vessels would not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port Jacksonville or a designated representative, they 
would be able to operate in the surrounding area during the enforcement 
period; (3) persons and vessels would still be able to enter, transit 
through, anchor in, or remain within the safety zone if authorized by 
the Captain of the Port Jacksonville or a designated representative; 
and (4) the Coast Guard would provide advance notification of the 
safety zone to the local maritime community via Broadcast Notice to 
Mariners or by on-scene designated representative.

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. The Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed 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 the portion of the Atlantic Ocean encompassed within the 
safety zone from 7 a.m. on Friday until 7:00 p.m. on Sunday during the 
last weekend in April. For the reasons discussed in the Regulatory 
Planning and Review section above, this proposed 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 proposed 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 proposed 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 
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), 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

[[Page 15179]]

the human environment. This proposed rule involves a safety zone issued 
in conjunction with a regatta or marine parade. This rule is 
categorically excluded from further review under paragraph 34(g) 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 165

    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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.

0
2. Add Sec.  165.725 to read as follows:


Sec.  165.725  Safety Zone; Daytona Beach Grand Prix of the Seas; 
Atlantic Ocean; Daytona Beach, FL.

    (a) Regulated Area. The following regulated area is established as 
a safety zone. All coordinates are North American Datum 1983.
    (1) Safety Zone. All waters of the Atlantic Ocean encompassed 
within the following points: Starting at Point 1 in position 
29[deg]14.601' N, 81[deg]00.767' W; thence south to Point 2 in position 
29[deg]13.677' N, 81[deg]00.283' W; thence east to Point 3 in position 
29[deg]13.860' N, 080[deg]59.763' W; thence north to Point 4 in 
position 29[deg]14.781' N, 80[deg]59.802' W; thence west 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:
    (A) Entering, transiting through, anchoring in, or remaining within 
the regulated area unless participating in the event.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Jacksonville via 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 in the 
regulated area 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 to the maritime community 
when this safety zone will be in effect via Broadcast Notice to 
Mariners or by on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 7 
a.m. on Friday until 7 p.m. on Sunday during the last weekend in April.

    Dated: March 4, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2015-06149 Filed 3-20-15; 8:45 am]
 BILLING CODE 9110-04-P