[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Proposed Rules]
[Pages 26313-26315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09500]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0056]
RIN 1625-AA08


Special Local Regulation: Pompano Race Weekend, Pompano Beach, FL

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) on certain navigable waters of the Atlantic Ocean off 
Pompano Beach, FL, in connection with the Pompano Race Weekend event. 
The SLR is needed to protect personnel, vessels, and the marine 
environment from potential hazards associated with the high speed jet 
ski race. Entry of vessels or persons into the regulated area is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Miami. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 3, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0056 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 about this 
proposed rulemaking, call or email LTJG Benjamin Adrien, Sector Miami 
Waterways Management Division, U.S. Coast Guard at 305-535-4307 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 January 24th, 2022, the National Watersports Asssociation Racing 
organization notified the Coast Guard that it will be conducting a high 
speed jet ski race from 9 a.m. to 6 p.m. on June 25, 2022, and June 26, 
2022. The race will be conducted off the beach in Pompano Beach, FL. 
The race will consist of fifteen high speed personal watercraft (jet 
ski) racing within a pre-designated course.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within 500 feet of the designated race course 
before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary special local 
regulation (SLR) from 9 a.m. until 6 p.m. on June 25, 2022, and June 
26, 2022. The SLR would cover certain navigable waters of the Atlantic 
Ocean off Pompano Beach, FL. The duration of the SLR is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the high speed jet ski race. The temporary SLR 
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.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

[[Page 26314]]

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 temporary special local regulation (SLR) will be 
enforced for approximately 9 hours per day; a total of 18 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 temporary SLR 
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 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 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 a 
temporary SLR lasting approximately 9 hours on two separate days that 
will prohibit entry of persons or vessels during the Pompano Race 
Weekend event. Normally such actions are categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions 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-2022-0056 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

[[Page 26315]]

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

0
2. Add Sec.  100.T799-0056 to read as follows:


Sec.  100.T799-0056   Special Local Regulation: Pompano Race Weekend; 
Atlantic Ocean, Pompano Beach, FL.

    (a) Location. The following regulated area is established as a 
special local regulation in the Atlantic Ocean; Pompano Beach, FL. 
Coordinates are based on North American Datum 1983.
    (1) Regulated area. All navigable waters of the Atlantic Ocean 
encompassed within the following points: Commence at Point A in 
position 26[deg]13'54'' N, 080[deg]05'18'' W; thence east to Point B in 
position 26[deg]13'54'' N, 080[deg]05'07'' W; thence north to Point C 
in position 26[deg]14'07'' N, 080[deg]05'07'' W; thence west to Point D 
in position 26[deg]14'07'' N, 080[deg]05'16'' 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 
Captain of the Port (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 this section.
    (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, on-scene 
designated representatives, and Local Notice to Mariners.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
until 6 p.m. on June 25, 2022, and June 26, 2022.

    Dated: April 28, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-09500 Filed 5-3-22; 8:45 am]
BILLING CODE 9110-04-P