[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22880-22882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10148]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0131]
RIN 1625-AA08


Safety Zone; Space Coast Super Boat Grand Prix; Atlantic Ocean, 
Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Ocean offshore from Cocoa Beach, FL during the 
Space Coast Super Boat Grand Prix, a series of high-speed boat races. 
The safety zone is necessary to ensure the safety of participant 
vessels, spectators, and the general public during the event. This 
regulation prohibits persons and non-participant vessels from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 10 a.m. until 5 p.m. on May 21, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0131 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 rule, 
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

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 insufficient time remains to publish 
an NPRM and to receive public comments, as the Space Coast Super Boat 
Grand Prix event will occur before the rulemaking process would be 
completed. Because of the dangers associated with high speed boat 
races, the safety zone is necessary to provide for the safety of event 
participants, spectators, and vessels transiting the event area. For 
those reasons, it would be impracticable and contrary to the public 
interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The purpose of the rule is to ensure the safety of the 
event participants, the general public, vessels and the navigable 
waters of the Atlantic Ocean in the vicinity of Cocoa Beach, Florida 
during the Space Coast Super Boat Grand Prix race event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of 
the Atlantic Ocean in the vicinity of Cocoa Beach, Florida during the 
Space Coast Super Boat Grand Prix race event. The safety zone will 
cover an offshore area approximately two and a half nautical miles long 
by one-half nautical mile wide. The races are scheduled to take place 
from 10 a.m. to 5 p.m. on May 21, 2017. Approximately 30 high-speed 
race boats are anticipated to participate in the races. No person or 
non-participant vessel will be permitted to enter, transit through, 
anchor in, or remain within the safety zone without obtaining 
permission from the Captain of the Port Jacksonville or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone 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 of the safety zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and/or by on-scene designated 
representatives.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory 
Costs''), directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be

[[Page 22881]]

identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled ``Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will be enforced for only 7 
hours; (2) although persons and vessels may not 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 may operate in 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 regulated 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 safety 
zone to the local maritime community by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or by on-scene designated 
representatives.

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'' comprised of small businesses and 
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 would not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone 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 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 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 safety zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Atlantic Ocean in the vicinity of 
Cocoa Beach, Florida during a one-day racing event lasting seven hours. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
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:


[[Page 22882]]


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


0
2. Add a temporary Sec.  165.T07-0131 to read as follows:


Sec.  165.T07-0131  Safety Zone; Space Coast Super Boat Grand Prix; 
Atlantic Ocean, Cocoa Beach, FL.

    (a) Location. The following regulated area is a safety zone located 
offshore from Cocoa Beach, FL: All waters of the Atlantic Ocean 
encompassed within the following points: Starting at Point 1 in 
position 28[deg]22'16'' N., 080[deg]36'04'' W.; thence east to Point 2 
in position 28[deg]2'15'' N., 080[deg]35'38'' W.; thence south to Point 
3 in position 28[deg]19'46'' N., 080[deg]35'38'' W.; thence west to 
Point 4 in position 28[deg]19'47'' N., 080[deg]36'22'' W.; thence north 
back to origin. These coordinates are based on North American Datum 
1983.
    (b) Definition. As used in this section, 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 areas.
    (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 by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, and/or by on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced from 10 a.m. 
until 5 p.m. on May 21, 2017.

    Dated: May 8, 2017.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-10148 Filed 5-18-17; 8:45 am]
 BILLING CODE 9110-04-P