[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15006-15009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6182]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0070]
RIN 1625-AA08


Special Local Regulations; Third Annual Space Coast Super Boat 
Grand Prix, Atlantic Ocean, Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations on the waters of the Atlantic Ocean east of Cocoa Beach, 
Florida during the Third Annual Space Coast Super Boat Grand Prix, a 
series of high-speed boat races. The event is scheduled to take place 
on Sunday, May 20, 2012. Approximately 30 high-speed race boats are 
anticipated to participate in the races, and approximately 200 
spectator vessels are expected to attend the event. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters of the United States during the races. The special 
local regulations would consist of the following areas: (1) A race 
area, where all persons and vessels, except those persons and vessels 
participating in the high-speed boat races, are prohibited from 
entering, transiting, anchoring, or remaining; and (2) a buffer zone 
around the race area, where all persons and vessels, except those 
persons and vessels enforcing the buffer zone, are prohibited from 
entering, transiting, anchoring, or remaining.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 3, 2012. Requests for public meetings must be 
received by the Coast Guard on or before March 26, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0070 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Lieutenant Commander Robert Butts, Sector 
Jacksonville Office of Waterways Management, Coast Guard; telephone 
(904) 564-7563, email <a href="/cdn-cgi/l/email-protection#20724f424552540e730e625554545360555343470e4d494c"><span class="__cf_email__" data-cfemail="e2b08d80879096ccb1cca097969691a297918185cc8f8b8e">[email protected]</span></a>. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0070), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact

[[Page 15007]]

you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0070 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0070) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one on or before February 29, 2012 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish special local regulations: 33 U.S.C. 1233. The 
purpose of the proposed rule is to insure safety of life on navigable 
waters of the United States during the Third Annual Space Coast Super 
Boat Grand Prix.

Discussion of Proposed Rule

    On Sunday, May 20, 2012, Super Boat International Productions, Inc. 
will host the Third Annual Space Coast Super Boat Grand Prix, a series 
of high-speed boat races. The event will be held on the waters of the 
Atlantic Ocean east of Cocoa Beach, Florida. Approximately 30 high-
speed power boats are anticipated to participate in the races. It is 
anticipated that at least 200 spectator vessels will be present during 
the event.
    The proposed rule would establish special local regulations that 
encompass certain waters of the Atlantic Ocean east of Cocoa Beach, 
Florida. The special local regulations would be enforced from 9 a.m. 
until 5:30 p.m. on May 20, 2012. The special local regulations would 
consist of the following two areas: (1) A race area, where all persons 
and vessels, except those persons and vessels participating in the 
high-speed boat races, are prohibited from entering, transiting, 
anchoring, or remaining; and (2) a buffer zone around the race area, 
where all persons and vessels, except those persons and vessels 
enforcing the buffer zone, are prohibited from entering, transiting, 
anchoring, or remaining. Persons and vessels would be able to request 
authorization to enter, transit through, anchor in, or remain within 
the race area or buffer zone by contacting the Captain of the Port 
Jacksonville by telephone at (904) 564-7501, or a designated 
representative via VHF radio on channel 16. If authorization to enter, 
transit through, anchor in, or remain within the race area or buffer 
zone is granted by the Captain of the Port Jacksonville or a designated 
representative, all persons and vessels receiving such authorization 
would be required to comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative. The Coast Guard would 
provide notice of the regulated areas by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The special local regulations would be 
enforced for only 8\1/2\ hours; (2) although persons and vessels would 
not be able to enter, transit through, anchor in, or remain within the 
race area or buffer zone without authorization from the Captain of the 
Port Jacksonville or a designated representative, they would be able to 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels would still be able to enter, transit through, 
anchor in, or remain within the race area or buffer zone if authorized 
by the Captain of the Port Jacksonville or a designated representative; 
and (4) the Coast Guard would provide advance notification of the 
special local regulations to the local maritime community by Local 
Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. This proposed rule may affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to enter, transit through, anchor in, or remain 
within that portion of the Atlantic Ocean encompassed within the 
special local regulations from 9 a.m. until 5:30 p.m. on May 20, 2012. 
For the reasons discussed in the Regulatory

[[Page 15008]]

Planning and Review section above, this proposed rule would not have a 
significant economic impact on a substantial number of small entities.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 contact Lieutenant 
Commander Robert Butts, Sector Jacksonville Office of Waterways 
Management, Coast Guard; telephone (904) 564-7563, email 
<a href="/cdn-cgi/l/email-protection#c694a9a4a3b4b2e895e884b3b2b2b586b3b5a5a1e8abafaa"><span class="__cf_email__" data-cfemail="d183beb3b4a3a5ff82ff93a4a5a5a291a4a2b2b6ffbcb8bd">[email protected]</span></a>. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    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 
determined that this rule does not have implications for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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 (NEPA) (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 establishing special local regulations issued in conjunction 
with a marine event, as described in figure 2-1, paragraph (34)(h), of 
the Instruction. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

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

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35T07-0070 to read as follows:


Sec.  100.35T07-0070  Special Local Regulations; Third Annual Space 
Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.

[[Page 15009]]

    (1) Race Area. All waters of the Atlantic Ocean located east of 
Cocoa Beach encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 28[deg]22'09'' N, 
80[deg]35'52'' W; thence east to Point 2 in position 28[deg]22'08'' N, 
80[deg]35'46'' W; thence south to Point 3 in position 28[deg]19'53'' N, 
80[deg]36'02'' W; thence west to Point 4 in position 28[deg]19'53'' N, 
80[deg]36'08'' W; thence north back to origin.
    (2) Buffer Zone. All waters of the Atlantic Ocean located east of 
Cocoa Beach, excluding the race area, and encompassed within an 
imaginary line connecting the following points: Starting at Point 1 in 
position 28[deg]22'16'' N, 80[deg]36'04'' W; thence east to Point 2 in 
position 28[deg]22'15'' N, 80[deg]35'39'' W; thence south to Point 3 in 
position 28[deg]19'47'' N, 80[deg]35'55'' W; thence west to Point 4 in 
position 28[deg]19'47'' N, 80[deg]36'22'' W; thence north back to 
origin.
    (b) Definition. 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 Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless authorized by the Captain of the Port 
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Jacksonville by telephone at 904-564-7501, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated areas 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.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 9 a.m. until 
5:30 p.m. on May 20, 2012.

    Dated: February 13, 2012.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2012-6182 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P


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