[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38823-38825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17238]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0556]
RIN 1625-AA08


Special Local Regulation, Islamorada Grand Prix of the Seas, 
Islamorada, 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 in the vicinity of Islamorada, FL 
during the Islamorada Grand Prix of the Seas high-speed boat race. 
Approximately 70 high-speed boats and personal watercraft are expected 
to participate in the race, in addition to spectators. The special 
local regulation is necessary to ensure the safety of race 
participants, participant vessels, spectators, and the general public 
on navigable waters of the United States during the event. The special 
local regulation will establish two regulated areas: a race area and 
buffer zone; and a spectator area. This special local regulation 
prohibits non-participant persons and vessels from entering, transiting 
through, anchoring in, or remaining within the race area or buffer zone 
and prohibits vessels from transiting in excess of wake speed within 
the spectator area unless authorized by the Captain of the Port Key 
West or a designated representative.

DATES: This rule is effective from daily from 8 a.m. to 5 p.m. on 
August 19, 2017 through August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0556 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 on this rule, 
call or email Lieutenant Scott Ledee, Waterways Management Division 
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    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 Islamorada Grand Prix 
event will occur before the rulemaking process would be completed. 
Because of the dangers associated with high-speed races in the marine 
environment, the special local regulation is necessary to provide for 
the safety of event participants, spectators, the general public, and 
vessels transiting the event area. For those reasons, it would be 
impracticable to publish an NPRM.
    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this

[[Page 38824]]

rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations is 33 U.S.C. 1233. The purpose of 
the rule is to ensure safety of life on the navigable waters of the 
United States during the Islamorada Grand Prix of the Seas high-speed 
race event.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters in the vicinity of Islamorada, Florida, during 
the Islamorada Grand Prix of the Seas high-speed boat race. The special 
local regulation will be enforced daily from 8 a.m. to 5 p.m. on August 
19, 2017 through August 20, 2017. The special local regulation will 
establish the following regulated areas: (1) A race area and buffer 
zone; and (2) a spectator area. Within the race area and buffer zone, 
non-participant persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area without obtaining permission from the COTP Key West or a 
designated representative. Within the spectator area, all persons and 
vessels are prohibited from traveling in excess of wake speed without 
obtaining permission from the COTP Key West or a designated 
representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, remain within, or transit in excess of wake speed 
within the regulated area by contacting the COTP Key West by telephone 
at ((305) 292-8772 or a designated representative via VHF radio on 
channel 16. If authorization is granted by the COTP Key West or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Key West or 
a designated representative. The Coast Guard will provide notice of the 
regulated areas by Local Notice to Mariners, Broadcast Notice to 
Mariners, 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

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying 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 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 the OMB 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 special local regulation will be enforced 
for only nine hours daily, from August 19, 2017 through August 20, 
2017; (2) although persons and vessels may not enter, transit through, 
anchor in, or remain within the race area or buffer zone without 
authorization from the COTP Key West or a designated representative, 
vessel traffic will be able to safely transit around the regulated 
areas; (3) persons and vessels would still be able to enter, transit 
through, anchor in, or remain within the race area and buffer zone or 
transit in excess of wake speed in the spectator zone if authorized by 
the COTP Key West or a designated representative; and (4) the Coast 
Guard will provide advance notice of the special local regulation to 
the local maritime community by Local Notice to Mariners, Broadcast 
Notice to Mariners, 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 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 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 areas 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

[[Page 38825]]

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 above.

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 special local regulation that will prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within a limited race area and will also 
prohibit persons and vessels from transiting at more than wake speed 
within a limited spectator area during a two day race event lasting 
nine hours daily. This rule is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration (REC) supporting 
this determination is 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 a temporary Sec.  100.T07-0556 to read as follows:


Sec.  100.T07-0556  Special Local Regulations; Islamorada Grand Prix of 
the Seas; Islamorada, FL

    (a) Location. The following regulated areas are established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area and Buffer Zone. All waters in the vicinity of 
Islamorada, FL encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]56.300' N., 
080[deg]34.750' W.; thence west to Point 2 in position 24[deg]55.750' 
N., 080[deg]35.570' W.; thence south to Point 3 in position 
24[deg]55.153' N., 080[deg]35.306' W.; thence east to Point 4 in 
position 24[deg]55.643' N., 080[deg]34.464' W.; thence north back to 
the point of origin in position 24[deg]56.300' N., 080[deg]34.750' W.
    (2) Spectator Area. All waters in the vicinity of Islamorada 
excluding the regulated area, encompassed within an imaginary line 
connecting the following points: Starting at Point 1 in position 
24[deg]56.17' N., 080[deg]35.08' W.; thence west to Point 2 in position 
24[deg]56.02' N., 080[deg]35.30' W.; thence south to Point 3 in 
position 24[deg]55.96' N., 080[deg]35.26' W.; thence east to Point 4 in 
position 24[deg]56.11' N., 080[deg]35.04' W.; thence north back to the 
point of origin in position 24[deg]56.17' N., 080[deg]35.08' W.
    (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 Key West in the enforcement of the regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area and buffer zone unless authorized by the 
Captain of the Port Key West or a designated representative.
    (2) All persons and vessels are prohibited from transiting in 
excess of wake speed in the spectator area, unless authorized by the 
Captain of the Port Key West or a designated representative.
    (3) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated areas may contact the Captain of the Port Key West by 
telephone at (305) 292-8772, 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 Captain of the Port Key West or a 
designated representative.
    (4) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8 
a.m. to 5 p.m. on August 19, 2017 through August 20, 2017.

    Dated: August 10, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-17238 Filed 8-15-17; 8:45 am]
 BILLING CODE 9110-04-P