[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Proposed Rules]
[Pages 42050-42052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18829]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0552]
RIN 1625-AA08


Special Local Regulation; Atlantic Ocean, Ft. Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a recurring special 
local regulation for navigable waters of the Atlantic Ocean in the 
vicinity of the Fort Lauderdale for the Grand Prix of the Seas. The 
Fort Lauderdale Grand Prix of the Seas race course is located east of 
South Beach Park and North of the Port Everglades inlet. Approximately 
one hundred high-speed personal watercraft are expected to participate 
in this annual event. The special local regulation is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
during the race event. All vessels and persons in the regulated area 
must follow the direction of Coast Guard personnel, law enforcement, 
and race officials. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 6, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0552 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 Petty Officer Mara J. Brown, Sector 
Miami Waterways Management Division, U.S. Coast Guard; telephone (305) 
535-4317, 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, Purpose, and Legal Basis

    On June 7, 2017, the company Powerboat P1-USA, LLC notified the 
Coast Guard that it will be conducting the Ft. Lauderdale Grand Prix of 
the Seas annually. This event will occur yearly on one weekend (Friday, 
Saturday, and Sunday) in November. The race course will be located 
directly east of South Beach Park in Ft. Lauderdale, FL. The special 
local regulation is intended to protect personnel, vessels, and the 
marine environment. The Captain of the Port Miami (COTP) has determined 
that potential hazards associated with the high speeds of the 
participants during the races would be a safety concern for anyone who 
would enter the race area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the established race area, marked with 
buoys. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation for this 
event occurring annually on one weekend (Friday, Saturday, and Sunday) 
in November. The special local regulation would cover all navigable 
waters within the established race area, marked with buoys, 
approximately one mile north of the Port Everglades inlet. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in the navigable waters Fort Lauderdale Grand Prix of the 
Seas race event. Only those vessels participating in the event may 
enter, transit through, anchor in, or remain within the regulated area, 
and all vessels and persons in the regulated area must follow the 
direction of Coast Guard personnel, law enforcement, and race 
officials. The proposed regulatory text appears at the end of this 
document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and time-of-year of the special local regulation. Vessel 
traffic will be able to safely transit around this regulated area, 
which will impact a small designated area of the Atlantic Ocean in Fort 
Lauderdale,

[[Page 42051]]

FL, directly adjacent to the shore, for three days.

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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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 involves a special 
local regulation lasting three four days that will impact a small area 
in the vicinity of the Port Everglades Inlet. It is categorically 
excluded from further review under paragraph 34(h) of Figure 201 of the 
Commandant Instructions. A preliminary Record of Environmental 
Consideration 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 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 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, visit http://www.regulations.gov/privacyNotice.
    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 Sec.  100.723 to read as follows:

[[Page 42052]]

Sec.  100.723  Special Local Regulation; Fort Lauderdale Grand Prix of 
the Seas; Fort Lauderdale, FL.

    (a) Location. The following regulated area is established as a 
special local regulation. All navigable waters contained within an 
imaginary line connecting the following points: beginning at Point 1 in 
position 26[deg]6'21'' N., 080[deg]5'51'' W.; thence west to Point 2 in 
position 26[deg]6'21'' N., 080[deg]6'13'' W.; thence north to Point 3 
in position 26[deg]6'57'' N., 080[deg]6'13'' W.; thence east to Point 4 
in position 26[deg]6'57'' N., 080[deg]5'52'' W., thence back to origin 
at point 1. All coordinates are North American Datum 1983.
    (b) Definition. The following definitions apply to this section:
    (1) 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 Miami in 
the enforcement of the regulated areas.
    (2) The term ``Patrol Commander'' means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
respective Coast Guard Sector Commander to enforce these regulations.
    (3) The term ``spectators'' means all persons and vessels not 
registered with the event sponsor as participants or official patrol 
vessels.
    (c) Regulations.
    (1) All non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated area may contact the Captain of the Port Miami by telephone 
at (305) 535-8701, 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 Miami or a designated 
representative.
    (3) The Coast Guard will use all appropriate means to notify the 
public in advance of an event of the enforcement of these regulations 
to include publishing a Notice of Enforcement in the Federal Register 
and through the local Notice to Mariners and Broadcast Notice to 
Mariners.
    (d) Enforcement date. This section will be enforced annually on a 
weekend (Friday, Saturday and Sunday) in the month of November.

     Dated: August 22, 2017.
J.H.D. Solomon,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2017-18829 Filed 9-5-17; 8:45 am]
 BILLING CODE 9110-04-P