[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Proposed Rules]
[Pages 8957-8959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04298]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1076]
RIN 1625-AA08


Special Local Regulation; Miami Grand Prix of the Seas, Biscayne 
Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation (SLR) for certain navigable waters of Biscayne Bay, Miami, 
FL for the Miami Grand Prix of the Sea. This action is necessary to 
provide for the safety of the public, spectators, vessels, and marine 
environment from potential hazards during high-speed, offshore-style 
boat and Personal Water Craft (PWC) races during the Miami Grand Prix 
of the Sea. This SLR is necessary to provide for the safety of the 
public, spectators, vessels, and marine environment during the Miami 
Grand Prix of the Sea. The SLR would establish two regulated areas, a 
safety zone and no anchoring zone. Non-participant persons and vessels 
would be prohibited from entering, transiting, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Miami (COTP) or a designated representative. All vessels would 
be prohibited from anchoring in the no anchoring zone. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 2, 2018.

ADDRESSES: You may submit comments on the Federal eRulemaking Portal at 
http://www.regulations.gov using docket number USCG-2017-1076 in the 
``Search'' feature. 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
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    Powerboat P1-USA, LLC has notified the Coast Guard it will be 
hosting the Miami Grand Prix of the Sea from 8:00 a.m. to 5:00 p.m. 
from April 20, 2018 through 22, 2018. The event will consist of 28-foot 
offshore-style powerboats and 200 to 300 Horsepower PWC racing inside 
the Miami Marine Stadium basin. Approximately 90 participants are 
scheduled to race in this event.
    The purpose of this rulemaking is to establish a SLR to ensure the 
safety of

[[Page 8958]]

personnel, vessels, and marine environment before, during, and after 
the scheduled event. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP Miami proposes to establish a SLR from April 20 through 
22, 2018 from 7:00 a.m. to 6:00 p.m.
    The SLR would establish two regulated areas, a safety zone and no 
anchoring zone, that includes certain waters of Biscayne Bay and the 
Miami Marine Stadium basin. The duration of the zones is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the scheduled event. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative. The regulatory text we are proposing 
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, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around the regulated area, which may 
affect a small, designated area of Biscayne Bay. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 notifying boaters of the regulated area.

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 
safety zone 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 rule under Department of Homeland Security 
Management Directive 023-01, which guides 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 regulation that would prohibit persons and vessels from 
transiting or anchoring in the regulated areas during the event. 
Normally such actions are categorically excluded from further review 
under paragraphs L61 and of the DHS Instruction Manual Implementation 
of the National Environmental Policy Act DHS Instruction Manual 023-01-
001-01, Rev 01. 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.

[[Page 8959]]

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 website'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); Waterways; Reporting and 
recordkeeping requirements.

    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; 33 CFR 1.05-1.
0
2. Add Sec.  [thinsp]100.T07-1076 to read as follows:


Sec.  100.T07-1076   Special Local Regulation; Miami Grand Prix of the 
Seas; Biscayne Bay, Miami, FL.

    (a) Location: The following regulated areas are established as a 
SLR in Biscayne Bay; Virginia Key; Miami, FL. Coordinates listed are 
based on North American Datum 1983.
    (1) Safety Zone: All waters of a Biscayne Bay encompassed within 
the following points. Starting at Point 1 in position 25[deg]45'12'' N, 
080[deg]11'01'' W; thence north along the Intracoastal Waterway to 
Point 2 in position 25[deg]45'31'' N, 080[deg]11'02'' W; thence 
southeast to Point 3 at the Marine Stadium northern jetty in position 
25[deg]46'06'' N, 080[deg]10'22'' W; thence southeast along the Marine 
Stadium basin shoreline to Point 4 in position 25[deg]44'21'' N, 
080[deg]09'45'' W; thence northwest along Marine Stadium basin 
shoreline to starting point. No persons/vessels, except participating 
vessels, may enter, transit, anchoring in, or remaining within the 
safety zone.
    (2) No Anchor Zone: All waters of Biscayne Bay extending 
approximately 650 yards southwest, northwest and northeast from the 
perimeter of the portion of the safety zone that extends beyond the 
Miami Marine Stadium basin. No vessels may anchor within the no anchor 
zone.
    (b) Definition. (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 COTP 
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 vessels or persons are 
prohibited from entering, transiting, anchoring in, or remaining within 
the regulated area unless authorized by the COTP or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit, anchor in, or 
remain within the regulated area may contact the COTP Miami by 
telephone at (305) 535-4472 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 Miami or a 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 rule will be enforced daily from 7:00 
a.m. to 6:00 p.m. on April 20, 2018 through April 22, 2018.

    Dated: February 16, 2018.
Megan M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-04298 Filed 3-1-18; 8:45 am]
 BILLING CODE 9110-04-P