[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Rules and Regulations]
[Pages 22544-22546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08875]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1108]
RIN 1625-AA08


Special Local Regulation, Daytona Beach Grand Prix of the Seas; 
Atlantic Ocean, Daytona Beach, 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 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 action is necessary to provide for 
the safety of life on the navigable waters surrounding the event. This 
special local regulation will be enforced daily 8 a.m. to 5 p.m., from 
April 22 through April 24, 2016. This rulemaking prohibits persons and 
vessels from being in the regulated area unless authorized by the 
Captain of the Port (COTP) Jacksonville or a designated representative.

DATES: This rule is effective from April 22, 2016 through April 24, 
2016 and will be enforced daily from 8 a.m. to 5 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1108 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, 
Waterways Management Division, U.S. Coast Guard; telephone 904-714-
7616, 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 7, 2015, Powerboat P1-USA, LLC notified the Coast Guard 
that it will conduct a series of high speed boat races in the Atlantic 
Ocean, offshore from Daytona Beach, FL from April 22 through 24, 2016. 
In response, on February 4, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulation, Daytona 
Beach Grand Prix of the Seas; Daytona Beach, FL (81 FR 5967). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this boat race. During the comment period 
that ended March 7, 2016, we received 3 comments.
    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making 
this rule effective less than 30 days after its publication in the 
Federal Register. The Coast Guard finds that good cause exists for 
making this rule effective starting April 22, 2016 because the public 
was notified of this event well in advance through a proposed rule to 
regulate waterway activities published on February 4, 2016 [81 FR 
5967]. Designated representatives will be on scene to assist the public 
with compliance during the nine hours per day that the regulation will 
be enforced.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP Jacksonville determined that potential hazards 
associated with high speed boat races necessitate the establishment of 
a special local

[[Page 22545]]

regulation. The purpose of this rulemaking is to ensure the safety of 
life on the navigable waters of the United States by prohibiting all 
vessels and persons not participating in the event from entering the 
regulated area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on the NPRM published 
February 4, 2016. Two comments received were in support of the rule. 
The third comment received was opposed to the rule. The comment opposed 
to the rule disputed the following items: (1) The Coast Guard's 
position that this high speed boat race poses an extra hazard to the 
safety of life on the navigable waters surrounding the event, (2) the 
need to establish a special local regulation to mitigate the hazards 
associated with this event, (3) the need for Coast Guard presence to 
enforce the rule (due to monetary cost to taxpayers), and (4) the 
determination that this rule is not a ``significant regulatory 
action.'' In regard to significant regulatory action, the commenter 
stated that this rule ``encroaches on rights of mariners to be in a 
public area.''
    A marine event is defined as an organized event of limited duration 
on the navigable waters of the United States conducted according to a 
prearranged schedule which presents an extra or unusual hazard to the 
safety of human life that cannot be protected by existing navigation. 
Prior to taking any regulatory action and to considering the 
establishment of a special local regulation, the Coast Guard utilizes a 
risk-informed decision making process to determine if an event meets 
the definition of a marine event as outlined in 33 CFR 100.05 and is 
likely to introduce an extra or unusual hazard to the safety of human 
life. The primary risk factors for determining that this is a marine 
event included: (1) The expected involvement of an unusually large 
concentration of traffic on the water that may interfere with routine 
navigation and (2) the event includes an inherently hazardous 
competition where craft are expected to travel at high speeds. Once the 
Coast Guard made the marine event determination, we proposed a safety 
risk-mitigation tool. In this case, it is the establishment of a 
special local regulation. Based on an analysis of the factors addressed 
above, the commenter's position that this race is not a marine event 
justifying Coast Guard action is not supportable.
    For the enforcement of this rule, the Coast Guard does not need to 
be on scene. As stated in the regulatory text at the end of this 
document, the COTP may utilize Federal, state, and local officers 
(designated representatives) for the enforcement of the regulated area.
    A ``significant regulation'' under Executive Order 12866, is one 
that has an impact on the economy of more than $100 million or one that 
adversely affects in a material way the economy or a sector of the 
economy; creates a serious inconsistency or interferes with another 
agency; materially alters the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or raises a novel issue of law or policy. For the reasons 
stated in section V.A below, the Coast Guard determines that this rule 
is not a significant regulatory action. It is one of a category of 
regulations considered ``routine and frequent'' by the Office of 
Management and Budget.
    This rule establishes a special local regulation for the Daytona 
Beach Grand Prix of the Seas, a series of high-speed personal 
watercraft boat races. The regulated area includes the waters of the 
Atlantic Ocean offshore from Daytona Beach, Florida and will be 
enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016. 
Approximately 90 high-speed personal watercraft are anticipated to 
participate in the races. The regulated area would encompass an 
approximated offshore area that is 1,350 yards wide extending 600 yards 
south of the Daytona Beach pier to 1,900 yards north of the pier. No 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard has determined that this temporary final rule is 
not a significant regulatory action for the following reasons: (1) The 
special local regulation would be enforced for a total of only 27 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 
regulated area without authorization from the COTP 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 regulated area if authorized by the COTP Jacksonville or a 
designated representative; and (4) the Coast Guard would provide 
advance notification of the special local regulation to the local 
maritime community via Broadcast Notice to Mariners or by on-scene 
designated representative.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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

[[Page 22546]]

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.

C. 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).

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 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 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 that would prohibit persons 
and vessels from transiting through a 2,500 yard by 1,350 yard 
regulated area during a three day racing event lasting nine hours 
daily. It is categorically excluded from further review under 
paragraphs 34(h) and 35(a) 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.

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.

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 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 Sec.  100.35T07-1108 to read as follows:


Sec.  100.35T07-1108  Special Local Regulation, Daytona Beach Grand 
Prix of the Seas; Atlantic Ocean, Daytona Beach, FL.

    (a) Regulated area. The following regulated area is a special local 
regulation located offshore from Daytona Beach, FL. All waters of the 
Atlantic Ocean encompassed within the following points: Starting at 
Point 1 in position 29[deg]14.580' N., 081[deg]00.820' W.; thence 
northeast to Point 2 in position 29[deg]14.783' N., 081[deg]00.101' W.; 
thence southeast to Point 3 in position 29[deg]13.646' N., 
080[deg]59.549' W.; thence southwest to Point 4 in position 
29[deg]13.434' N., 081[deg]00.224' W.; thence northwest back to origin. 
These coordinates are based on North American Datum 1983.
    (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 (COTP) Jacksonville in the enforcement of the 
regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP Jacksonville or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 
Jacksonville by telephone at 904-714-7557, or a designated 
representative via VHF-FM radio on channel 16 to request authorization. 
If authorization is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP 
Jacksonville or designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through Broadcast Notice to Mariners via VHF--FM channel 16 or by on-
scene designated representatives.
    (d) Enforcement period. This section will be enforced daily 8 a.m. 
to 5 p.m. from April 22 through April 24, 2016.

    Dated: April 12, 2016.
 J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-08875 Filed 4-15-16; 8:45 am]
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