[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1792-1795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0150]
RIN 1625-AA08


Special Local Regulations, Stuart Sailfish Regatta, Indian River; 
Stuart, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations on the Indian River located northeast of Ernest F. Lyons 
Bridge and south of Joes Cove, in Stuart, Florida during the Stuart 
Sailfish Regatta, a series of high-speed boat races. The Stuart 
Sailfish Regatta will take place from Friday, April 19, 2013 through 
Sunday, April 21, 2013. Approximately 150 high-speed power boats will 
be participating in the event. It is anticipated that at least 100 
spectator vessels will be present during the race. These special local 
regulations are necessary for the safety of race participants, 
participant vessels, spectators and the general public during the 
event. The special local regulations establish the following three 
areas: 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 through, anchoring in, or remaining within; a 
buffer zone around the race area, where all persons and vessels, except 
those persons and vessels enforcing the buffer zone, or authorized 
participants or vessels transiting to the race area, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
and a spectator area.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 8, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before February 8, 2013.

ADDRESSES: You may submit comments identified by docket number 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 rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
<a href="/cdn-cgi/l/email-protection#377a5e5c52197f1960427742445450195a5e5b"><span class="__cf_email__" data-cfemail="dc91b5b7b9f294f28ba99ca9afbfbbf2b1b5b0">[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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    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. You may submit your comments and material online at 
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, 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 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0150 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.

2. 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-2012-0150 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.

3. 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).

[[Page 1793]]

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before February 8, 2013, using one of the 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.

B. Regulatory History and Information

    Previously, temporary special local regulations regarding this 
maritime event have been published in the Code of Federal Regulations 
at 33 CFR 100.701. No final rule has been published in regards to this 
event. The proposed special local regulations are not new in their 
entirety, but merely reflect updates to certain details of the event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during the Stuart Sailfish Regatta.

D. Discussion of Proposed Rule

    From Friday, April 19, 2013 through Sunday, April 21, 2013, Stuart 
Sailfish Regatta, Inc. will be hosting the Stuart Sailfish Regatta, a 
series of high-speed boat races. The races will be held on the Indian 
River located northeast of Ernest F. Lyons Bridge and south of Joes 
Cove, in Stuart, Florida. Approximately 150 high-speed power boats will 
be participating in the event. It is anticipated that at least 100 
spectator vessels will be present during the race.
    The proposed rule would establish special local regulations that 
will encompass certain waters of the Indian River located northeast of 
Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, Florida. The 
special local regulations will be enforced daily from 9 a.m. until 5 
p.m. from April 19, 2013 through April 21, 2013. The special local 
regulations consist of the following three 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 through, anchoring in, or remaining within; (2) a 
buffer zone around the race area, where all persons and vessels, except 
those persons and vessels enforcing the buffer zone, or authorized 
participants or vessels transiting to the race area, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
and (3) a spectator area.
    Persons and vessels may request authorization by contacting the 
Captain of the Port Miami by telephone at (305) 535-4472, or a 
designated representative via VHF radio on channel 16, to enter, 
transit through, anchor in, or remain within the race area or the 
buffer zone. If authorization is granted by the Captain of the Port 
Miami or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the Captain of 
the Port Miami or a designated representative. The Coast Guard will 
provide notice of the regulated areas by Local Notice to Mariners, 
Broadcast Notice to Mariners and on-scene designated representatives.

E. 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 or executive orders.

1. 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 will be enforced for a maximum of 8 hours 
a day for only three days; (2) non-participant persons and vessels may 
enter, transit through, anchor in, or remain within the regulated areas 
during their respective enforcement periods if authorized by the 
Captain of the Port Miami or a designated representative; (3) non-
participant persons and vessels not able to enter, transit through, 
anchor in, or remain within the regulated areas without authorization 
from the Captain of the Port Miami or a designated representative may 
operate in the surrounding areas during the respective enforcement 
periods; and (4) the Coast Guard will provide advance notification of 
the special local regulations to the local maritime community by Local 
Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This 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 any of 
the regulated areas during the respective enforcement period. For the 
reasons discussed in the Regulatory Planning and Review section above, 
this rule will 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 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.

3. 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. 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. 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.

[[Page 1794]]

6. 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.

7. 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.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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). Due to 
potential environmental issues, we conducted an environmental 
assessment last year for both the issuance of the marine event permit 
and the establishment of this special local regulation. The same 
environmental assessment is being used for this year's event as it is 
substantially similar in all aspects and therefore the potential 
effects and alternatives would remain unchanged. After completing the 
environmental assessment for the issuance of the marine event permit, 
and the establishment of these special local regulations, we have 
determined these actions will not significantly affect the human 
environment. The environmental assessment and finding of no significant 
impact (FONSI) are available in the docket where indicated under 
ADDRESSES. 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0150 to read as follows:


Sec.  100.35T07-0150  Special Local Regulations; Stuart Sailfish 
Regatta, Indian River, Stuart, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
an imaginary line connecting the following points: starting at Point 1 
in position 27[deg]12'46'' N, 80[deg]11'09'' W; thence southeast to 
Point 2 in position 27[deg]12'41'' N, 80[deg]11'08'' W; thence 
southwest to Point 3 in position 27[deg]12'37'' N, 80[deg]11'11'' W; 
thence southwest to Point 4 in position 27[deg]12'33'' N, 
80[deg]11'18'' W; thence southwest to Point 5 in position 
27[deg]12'31'' N, 80[deg]11'23'' W; thence west to Point 6 in position 
27[deg]12'31'' N, 80[deg]11'27'' W; thence northwest to Point 7 in 
position 27[deg]12'33'' N, 80[deg]11'31'' W; thence northwest to Point 
8 in position 27[deg]12'38'' N, 80[deg]11'32'' W; thence northeast to 
Point 9 in position 27[deg]12'42'' N, 80[deg]11'30'' W; thence 
northeast to Point 10 in position 27[deg]12'46'' N, 80[deg]11'26'' W; 
thence northeast to Point 11 in position 27[deg]12'48'' N, 
80[deg]11'20'' W; thence east to Point 12 in position 27[deg]12'48'' N, 
80[deg]11'15'' W; thence southeast back to origin. All persons and 
vessels, except those persons and vessels participating in the high-
speed boat races, are prohibited from entering, transiting through, 
anchoring in, or remaining within the race area.
    (2) Buffer Zone. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
an imaginary line connecting the following points, with the exception 
of the spectator area: starting at Point 1 in position 27[deg]12'47'' 
N, 80[deg]11'43'' W; thence southeast to Point 2 in position 
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in 
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point 
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to 
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence 
southeast back to origin. All persons and vessels, except those persons 
and vessels enforcing the buffer zone, or authorized participants or 
vessels transiting to the race area, are prohibited from entering, 
transiting through, anchoring in, or remaining within the buffer zone.
    (3) Spectator Area. All waters of Indian River located northeast of 
the Ernest Lyons Bridge and south of Joes Cove that are encompassed 
within an imaginary line connecting the following

[[Page 1795]]

points: starting at Point 1 in position 27[deg]12'47'' N, 
80[deg]11'43'' W; thence southeast to Point 2 in position 
27[deg]12'40'' N, 80[deg]11'38'' W; thence northeast to Point 3 in 
position 27[deg]11'52'' N, 80[deg]11'25'' W; thence northwest to Point 
4 in position 27[deg]12'54'' N, 80[deg]11'26'' W; thence southwest back 
to origin. On-scene designated representatives will direct spectator 
vessels to the spectator area.
    (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 Miami in the enforcement of the regulated area.
    (c) Regulations.
    (1) All persons and vessels, are prohibited from:
    (A) Entering, transiting through, anchoring in, or remaining within 
the race area, unless participating in the race.
    (B)Transiting through, anchoring in, or remaining within the buffer 
zone, unless enforcing the buffer zone or a race participant transiting 
to the race area.
    (C) Traveling in excess of no-wake speed in the spectator area.
    (2) 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 Miami by telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami 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 9:00 a.m. 
until 5:00 p.m. daily from April 19, 2013 through April 21, 2013.

    Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-00276 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P


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