[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Rules and Regulations]
[Pages 24813-24815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10662]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0034]
RIN 1625-AA00
Safety Zone; Fourth Annual Offshore Challenge, Sunny Isles Beach,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Atlantic Ocean east of Sunny Isles Beach, Florida for the Fourth Annual
Offshore Challenge. The Fourth Annual Offshore Challenge will consist
of a series of high-speed boat races. The boat races are scheduled to
take place from Friday, June 17, 2011 through Sunday, June 19, 2011.
The temporary safety zone is necessary for the safety of race
participants, participant vessels, spectators, and the general public
during the races. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port Miami or a designated
representative.
DATES: This rule is effective from 8 a.m. on June 17, 2011 through 5
p.m. on June 19, 2011. This rule will be enforced daily from 8 a.m.
until 5 p.m. on June 17, 2011 through June 19, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0034 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0034 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Lieutenant Paul A. Steiner, Sector
Miami Prevention Department, Coast Guard; telephone 305-535-8724, e-
mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 17, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Fourth Annual Offshore Challenge, Sunny
Isles Beach, FL in the Federal Register (76 FR 9278). We received no
comments on the proposed rule. A public meeting was not requested, and
none was held.
Background and Purpose
Offshore Events, LLC is hosting the Fourth Annual Offshore
Challenge, a series of high-speed boat races. The Fourth Annual
Offshore Challenge will commence on June 17, 2011 and conclude on June
19, 2011. The boat races will be held in the Atlantic Ocean offshore of
Sunny Isles Beach, Florida. Approximately 50 offshore power boats will
be participating in the boat races. These vessels will be traveling at
high speeds. Approximately 200 spectator vessels are expected to
observe the races. The high speed of the participant vessels poses a
safety hazard to race participants, participant vessels, spectators,
and the general public. The temporary safety zone is necessary to
protect race participants, participant vessels, spectators, and the
general public from the hazards associated with the high-speed boat
races.
Discussion of Comments and Changes
There were no comments to the NPRM, and we made no changes to the
regulation.
Regulatory Analyses
We developed this 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 rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The rule will be in effect for three days but
will only be enforced for a total of nine hours each day; (2) although
persons and vessels will not be able to enter, transit through, anchor
in, or remain within the safety zone without authorization from the
Captain of the Port 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 safety zone if authorized by the Captain of the Port
Miami or a designated representative; and (4) advance notification of
the safety zone will be made to the local maritime community via local
notice to mariners, marine safety information bulletins, and broadcast
notice to mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities for the reasons discussed in the Regulatory Planning and
Review section above.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects
[[Page 24814]]
on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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). We are also issuing a
marine event permit for this event. Because the issuance of the marine
permit for this event is not an action that is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment, we conducted an environmental
assessment for both the issuance of the marine event permit and the
establishment of this temporary safety zone. After conducting the
environmental assessment for the issuance of the marine event permit
and the establishment of this temporary safety zone, we have concluded
these actions will not significantly affect the human environment. The
environmental assessment and finding of no significant impact are
available in the docket where indicated under ADDRESSES.
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0034 to read as follows:
Sec. 165.T07-0034 Safety Zone; Fourth Annual Offshore Challenge,
Sunny Isles Beach, FL.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Atlantic Ocean east of Sunny Isles Beach, FL
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 25[deg]57[min]45'' N,
80[deg]07[min]05'' W; thence east to Point 2 in position
25[deg]57[min]43'' N, 80[deg]05[min]59'' W; thence south to Point 3 in
25[deg]54[min]03'' N, 80[deg]05[min]59'' W; thence west to Point 4 in
position 25[deg]54[min]04'' N, 80[deg]07[min]18'' W; thence north back
to origin. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard
[[Page 24815]]
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
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami via telephone at 305-535-4472, or a designated
representative via VHF radio on channel 16, to seek permission. If
permission to enter, transit through, anchor in, or remain within the
regulated area is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
permission 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 area via
local notice to mariners, marine safety information bulletins,
broadcast notice to mariners, and by on-scene designated
representatives.
(d) Effective Date and Enforcement Periods. The rule is effective
from 8 a.m. on June 17, 2011 through 5 p.m. on June 19, 2011. The rule
will be enforced daily from 8 a.m. until 5 p.m. on June 17, 2011
through June 19, 2011.
Dated: March 25, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-10662 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P