[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Pages 20108-20110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0321]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cocoa Beach, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Atlantic Ocean near Cocoa Beach, Florida. This
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with the Thunder on Cocoa
Beach powerboat racing event. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Jacksonville or a designated representative.
DATES: This rule is effective daily from 8 a.m. until 6:30 p.m. on May
16, 2025, through May 18, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0321 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Safety Technician First Class Alex Christensen,
Marine Safety Unit Port Canaveral, U.S. Coast Guard; telephone 321-868-
5921, 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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. The Coast Guard lacks sufficient time to provide for a
comment period and then consider those comments before issuing the rule
since this rule is needed by May 16, 2025. We must establish the safety
zone by May 16, 2025, to ensure the safety of the public, and vessels
transiting the waters of the Atlantic Ocean near Cocoa Beach, Florida
during the race event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because prompt action is needed to respond to the potential dangers to
the public and vessels during the race.
[[Page 20109]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Jacksonville has determined that
potential hazards associated with Thunder on Cocoa Beach powerboat
races will be a safety concern for anyone within the described boundary
of this safety zone. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the event is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone daily from 8 a.m. until 6:30
p.m. on May 16, 2025, through May 18, 2025. The safety zone will cover
all navigable waters within a set boundary located in the Atlantic
Ocean off the coast of Cocoa Beach, FL. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during this event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP Jacksonville or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the
Coast Guard assigned to units under the operational control of the
Coast Guard Sector Jacksonville. Requests for entry will be considered
and reviewed on a case-by-case basis.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Jacksonville or a designated representative via
VHF radio on channel 16. If authorization to enter, transit through,
anchor in, or remain within the regulated area is granted by the
Captain of the Port Jacksonville or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Jacksonville or a designated
representative. The Coast Guard will provide notice of the safety zone
by Broadcast Notice to Mariners via VHF-FM marine channel 16, and/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.
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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on: (1) This rule
involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable waters of Cocoa Beach, Florida, during a
racing event lasting ten and a half hours daily for three days; (2)
Although persons and vessels may not enter, transit through, anchor in,
or remain within the zone without authorization from the COTP or a
designated representative, they will be able to safely transit around
this safety zone; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the areas during the enforcement
period if authorized by the COTP or a designated representative; and
(4) the Coast Guard will provide advance notification of the zone to
the local maritime community by 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
safety zone 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 will 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.
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 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.
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 20110]]
F. Environment
We have analyzed this 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 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
safety zone lasting only ten and a half hours each day over a three-day
period that will prohibit entry within a described boundary off the
coast of Cocoa Beach, FL. It is categorically excluded from further
review under paragraph L60(a) 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 on locating the docket, see the ADDRESSES section of this
preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0321 to read as follows:
Sec. 165.T07-0321 Safety Zone; Atlantic Ocean, Cocoa Beach, FL.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 28[deg]18.688' N,
80[deg]36.345' W, thence to 28[deg]18.685' N, 80[deg]35.617' W, thence
to 28[deg]22.143' N, 80[deg] 35.225' W, thence to28[deg]22.330' N,
80[deg]35.996' W, thence back to the beginning point. These coordinates
are based on the 1984 World Geodetic System (WGS 84).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Jacksonville in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP
Jacksonville or designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) To seek authorization to enter, contact the COTP or the COTP's
representative by telephone at (904) 714-7557, or an on-scene
designated representative via VHF-FM radio on channel 16. If
authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Jacksonville or a designated representative.
(d) Enforcement period. The safety zone will be enforced daily,
from 8 a.m. to 6:30 p.m., from May 16, 2025, through May 18, 2025. The
Coast Guard will provide notice of the regulated area by Broadcast
Notice to Mariners on VHF-FM marine channel 16.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Sector Jacksonville.
[FR Doc. 2025-08288 Filed 5-9-25; 8:45 am]
BILLING CODE 9110-04-P