[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Proposed Rules]
[Pages 10557-10559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04409]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0134]
RIN 1625-AA08


Special Local Regulations; Fajardo Offshore Challenge; Rada 
Fajardo; Fajardo, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation on the waters of Rada Fajardo in Fajardo, Puerto Rico during 
the Fajardo Offshore Challenge, a high speed boat race. The event is 
scheduled to take place on Sunday, April 4, 2016. Approximately 30 
high-speed power boats will be participating in the races. The special 
local regulation is necessary for the safety of the race participants, 
participant vessels, and the general public during the event. The 
special local regulation would establish the following two areas: one 
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; and 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 through, anchoring in, or remaining within 
unless authorized by the Captain of the Port San Juan or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 21, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0134 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Efrain Lopez, Sector San Juan 
Prevention Department, Coast Guard; telephone (787) 289-2097, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 4, 2016, Puerto Rico Offshore Series, Inc. is sponsoring 
the Fajardo Offshore Challenge, a series of high-speed boat races. The 
races will be held on the waters of Rada Fajardo in Fajardo, Puerto 
Rico. Approximately 30 high-speed power boats and PWCs will be 
participating in the races.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and the navigable waters within the regulated areas before, 
during, and after the scheduled event. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The special local regulation encompass certain waters of Rada 
Fajardo in Fajardo, Puerto Rico. The proposed special local regulation 
would be enforced from 10 a.m. until 4 p.m. on April 4, 2016. The 
special local regulation 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 through, anchoring in, or remaining within; 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 through, anchoring in, or 
remaining within unless authorized by the 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 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 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 regulation by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

[[Page 10558]]

IV. 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 and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
The economic impact of this proposed rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only six 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 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; and (3) 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would 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 Rada 
Fajardo in Fajardo encompassed within the special local regulations 
from 10 a.m. until 4 p.m. on April 4, 2016.
    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.
    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. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. 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 (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 the human environment. This proposed rule would implement a 
special local regulation lasting less than 6 hours that would prohibit 
entry from non-participants and persons or vessels not involved in the 
event from enter in, transiting through, anchoring in, or remaining 
within the race area or buffer zone. Normally such actions are 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you

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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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 100.35T07-0134 to read as follows:


Sec.  100.35T07-0134  Special Local Regulations; International Dinghy 
Regatta; San Juan Harbor, Puerto Rico.

    (a) Regulated Areas. The following regulated areas are established 
as Special Local Regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Rada Fajardo, Fajardo, Puerto Rico 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 18[deg]21.433' N, 65[deg]37.242' W; 
thence southeast to Point 2 in position 18[deg]21.402' N, 
65[deg]37.162' W; thence northeast to Point 3 in position 
18[deg]22.937' N, 65[deg]36.358' W; thence northwest to point 4 in 
position 18[deg]22.980' N, 65[deg]36.492' W; 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 through, anchoring in, or remaining within the 
race area.
    (2) Buffer Zone. All waters of Rada Fajardo, Fajardo, Puerto Rico 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 18[deg]21.425' N, 65[deg]37.277' W; 
thence southeast to Point 2 in position 18[deg]21.366' N, 
65[deg]37.158' W; thence northeast to Point 3 in position 
18[deg]22.951' N, 65[deg]36.314' W; thence northwest to point 4 in 
position 18[deg]23.017' N, 65[deg]36.507' W; thence southwest back to 
the 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.
    (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) Persons and vessels may request authorization 
to enter, transit through, anchor in, or remain within the regulated 
areas 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 is enforced from 10 a.m. until 4 
p.m. on April 4, 2016.

    Dated: February 24, 2016.
R. W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2016-04409 Filed 2-29-16; 8:45 am]
 BILLING CODE 9110-04-P