[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Proposed Rules]
[Pages 16698-16700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06251]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0135]
RIN 1625-AA08


Special Local Regulation: Luminsea Offshore Powerboat Race; 
Atlantic Ocean, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation (SLR) on certain navigable waters of the Atlantic Ocean, 
offshore of Miami Beach, FL, in connection with the Luminsea Offshore 
Powerboat Race. The race will include approximately 55 offshore 
powerboats, ranging from 30 to 50 feet in length. The SLR is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards associated with the high-speed powerboat race. The special 
local regulation establishes a race area where all persons and vessels, 
except those persons and vessels who are participating in the race, 
will be prohibited from entering, transiting through, anchoring in, or 
remaining within unless authorized by the Captain of the Port (COTP) 
Miami or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 8, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0135 using the Federal Decision Making Portal at https://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 on this proposed 
rule, call or email Omar Beceiro, Sector Miami Waterways Management 
Division, U.S. Coast Guard at 305-535-4317 or [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 February 15, 2022, Cigarette Racing Team, LLC. notified the 
Coast Guard they would be sponsoring an offshore powerboat race on May 
6, 2022 from 8 a.m. to 6 p.m. and May 7, 2022 from 8 a.m. to 6 p.m. The 
race would take place in the Atlantic Ocean, offshore of Miami Beach, 
FL and involve approximately 55 powerboats ranging from 30 to 50 feet 
in length. Approximately 500 spectator crafts are anticpated to attend 
the event.
    The COTP Miami has determined potential hazards associated with the 
high-speed boat race would be a safety concern for participants, 
participant vessels, and general public.
    The purpose of this rulemaking is to protect event participants, 
spectators, and vessels on certain navigable waters of the Atlantic 
Ocean, offshore of Miami Beach, FL before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.
    The Coast Guard is issuing this notice of proposed rulemaking 
(NPRM) with a 15-day prior notice and opportunity to comment pursuant 
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C. 
553). This provision authorizes an agency to publish a rule in less 
than 30 days before its effective date for ``good cause found and 
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard 
finds that good cause exists for publishing this NPRM with a 15-day 
comment period because the Coast Guard was given short notice from the 
event sponsor, and this not a recurring event that would be listed in 
the existing annual marine event table as outlined in 33 CFR 100.702, 
Table 1. Therefore, it is impracticable to provide a 30-day comment 
period because we must establish this safety zone by May 6, 2022. A 15-
day comment period would allow the Coast Guard to provide for public 
notice and comment, but also update the proposed regulation soon enough 
that the length of the notice and comment period does not compromise 
safety.

III. Discussion of Proposed Rule

    The COTP proposes to establish an SLR from 8 a.m. until 6 p.m., on 
May 6, 2022 and May 7, 2022. The safety zone would cover certain 
navigable waters of the Atlantic Ocean beginning approximately 0.5 
miles north of Government Cut and continuing north approximately 3.5 
miles. The SLR extends approximately 2.5 miles offshore.
    The duration of the zone is intended to protect personnel, vessels, 
and the

[[Page 16699]]

marine environment in these navigable waters during the event. The 
proposed regulation would prohibit all persons and vessels, except 
those persons and vessels participating in the race, from entering, 
transiting through, anchoring in, or remaining within the area unless 
authorized by the COTP Miami or a designated representative. Persons 
and vessels may request authorization to enter, transit through, anchor 
in, or remain within the race area by contacting the COTP Miami by 
telephone at (305) 535-4300, or a designated representative via VHF 
radio on channel 16. If authorization to enter, transit through, anchor 
in, or remain within the race area is granted by the COTP Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Miami or a 
designated representative. The Coast Guard would provide notice of the 
special local regulation by a Broadcast Notice to Mariners, and on-
scene designated representatives.

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. 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).
    This regulatory action determination is based on the following 
reasons: (1) The proposed special local regulation will be enforced for 
only 10 hours per day; a total of 20 hours; (2) although persons and 
vessels will not be able to enter, transit through, anchor in, or 
remain within the regulated area, without authorization from the COTP 
Miami or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) persons and vessels 
may still enter, transit through, anchor in, or remain within the 
regulated area during the enforcement period if authorized by the COTP 
Miami or a designated representative; and (4) the Coast Guard will 
provide advance notification of the special local regulation to the 
local maritime community through the Local Notice to Mariners and 
Broadcast Notice to Mariners via VHF-FM.

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 
through 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 proposed 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 proposed 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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 an SLR 
lasting approximately 10 hours on two separate days that will prohibit 
entry of persons or vessels during the Luminsea Offshore Powerboat 
Race. This action is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions

[[Page 16700]]

on locating the docket, see the ADDRESSES section of this preamble.
    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 call or email 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0135 in the 
search box and click ``Search.'' Next, look for this document in the 
``Search Results'' column, and click on it. Then click on the ``Comment 
option.'' If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 amend33 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:  46 U.S.C. 70041; 33 CFR 1.05-1

0
2. Add Sec.  100.T799-0135 to read as follows:


Sec.  100. T799-0135  Special Local Regulation: Luminsea Offshore 
Powerboat Race; Atlantic Ocean, Miami Beach, FL.

    (a) Location. The following regulated area is established as a SLR 
in the Atlantic Ocean; Miami Beach, FL. Coordinates are based on North 
American Datum 1983.
    (1) Regulated area. All waters of the Atlantic Ocean encompassed 
within the following points. Commence at Point A in position 
25[deg]46'11'' N, 080[deg]07'06'' W; thence northwest to Point B in 
position 25[deg]46'56'' N, 080[deg]07'41'' W; thence north-northeast to 
Point C in position 25[deg]48'44'' N, 080[deg]07'17'' W; thence 
northeast to Point D in position 25[deg]49'10'' N, 080[deg]05'58'' W; 
thence southeast to Point E in position 25[deg]48'40'' N, 
080[deg]05'04'' W; thence southwest to Point A.
    (2) [Reserved]
    (b) Definitions. (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 through, 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 through, 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, on-scene 
designated representatives, and Local Notice to Mariners.
    (d) Enforcement period. This rule will be enforced from 8 a.m. 
until 6 p.m., on May 6, 2022 and May 7, 2022.

    Dated: March 21, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-06251 Filed 3-23-22; 8:45 am]
BILLING CODE 9110-04-P