81_FR_22618 81 FR 22544 - Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL

81 FR 22544 - Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 74 (April 18, 2016)

Page Range22544-22546
FR Document2016-08875

The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean east of Daytona Beach, Florida during the Daytona Beach Grand Prix of the Seas, a series of high-speed personal watercraft boat races. This action is necessary to provide for the safety of life on the navigable waters surrounding the event. This special local regulation will be enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016. This rulemaking prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative.

Federal Register, Volume 81 Issue 74 (Monday, April 18, 2016)
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Rules and Regulations]
[Pages 22544-22546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08875]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1108]
RIN 1625-AA08


Special Local Regulation, Daytona Beach Grand Prix of the Seas; 
Atlantic Ocean, Daytona Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Atlantic Ocean east of Daytona Beach, Florida during 
the Daytona Beach Grand Prix of the Seas, a series of high-speed 
personal watercraft boat races. This action is necessary to provide for 
the safety of life on the navigable waters surrounding the event. This 
special local regulation will be enforced daily 8 a.m. to 5 p.m., from 
April 22 through April 24, 2016. This rulemaking prohibits persons and 
vessels from being in the regulated area unless authorized by the 
Captain of the Port (COTP) Jacksonville or a designated representative.

DATES: This rule is effective from April 22, 2016 through April 24, 
2016 and will be enforced daily from 8 a.m. to 5 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1108 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, 
Waterways Management Division, U.S. Coast Guard; telephone 904-714-
7616, email [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 Information and Regulatory History

    On December 7, 2015, Powerboat P1-USA, LLC notified the Coast Guard 
that it will conduct a series of high speed boat races in the Atlantic 
Ocean, offshore from Daytona Beach, FL from April 22 through 24, 2016. 
In response, on February 4, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulation, Daytona 
Beach Grand Prix of the Seas; Daytona Beach, FL (81 FR 5967). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this boat race. During the comment period 
that ended March 7, 2016, we received 3 comments.
    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making 
this rule effective less than 30 days after its publication in the 
Federal Register. The Coast Guard finds that good cause exists for 
making this rule effective starting April 22, 2016 because the public 
was notified of this event well in advance through a proposed rule to 
regulate waterway activities published on February 4, 2016 [81 FR 
5967]. Designated representatives will be on scene to assist the public 
with compliance during the nine hours per day that the regulation will 
be enforced.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP Jacksonville determined that potential hazards 
associated with high speed boat races necessitate the establishment of 
a special local

[[Page 22545]]

regulation. The purpose of this rulemaking is to ensure the safety of 
life on the navigable waters of the United States by prohibiting all 
vessels and persons not participating in the event from entering the 
regulated area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on the NPRM published 
February 4, 2016. Two comments received were in support of the rule. 
The third comment received was opposed to the rule. The comment opposed 
to the rule disputed the following items: (1) The Coast Guard's 
position that this high speed boat race poses an extra hazard to the 
safety of life on the navigable waters surrounding the event, (2) the 
need to establish a special local regulation to mitigate the hazards 
associated with this event, (3) the need for Coast Guard presence to 
enforce the rule (due to monetary cost to taxpayers), and (4) the 
determination that this rule is not a ``significant regulatory 
action.'' In regard to significant regulatory action, the commenter 
stated that this rule ``encroaches on rights of mariners to be in a 
public area.''
    A marine event is defined as an organized event of limited duration 
on the navigable waters of the United States conducted according to a 
prearranged schedule which presents an extra or unusual hazard to the 
safety of human life that cannot be protected by existing navigation. 
Prior to taking any regulatory action and to considering the 
establishment of a special local regulation, the Coast Guard utilizes a 
risk-informed decision making process to determine if an event meets 
the definition of a marine event as outlined in 33 CFR 100.05 and is 
likely to introduce an extra or unusual hazard to the safety of human 
life. The primary risk factors for determining that this is a marine 
event included: (1) The expected involvement of an unusually large 
concentration of traffic on the water that may interfere with routine 
navigation and (2) the event includes an inherently hazardous 
competition where craft are expected to travel at high speeds. Once the 
Coast Guard made the marine event determination, we proposed a safety 
risk-mitigation tool. In this case, it is the establishment of a 
special local regulation. Based on an analysis of the factors addressed 
above, the commenter's position that this race is not a marine event 
justifying Coast Guard action is not supportable.
    For the enforcement of this rule, the Coast Guard does not need to 
be on scene. As stated in the regulatory text at the end of this 
document, the COTP may utilize Federal, state, and local officers 
(designated representatives) for the enforcement of the regulated area.
    A ``significant regulation'' under Executive Order 12866, is one 
that has an impact on the economy of more than $100 million or one that 
adversely affects in a material way the economy or a sector of the 
economy; creates a serious inconsistency or interferes with another 
agency; materially alters the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or raises a novel issue of law or policy. For the reasons 
stated in section V.A below, the Coast Guard determines that this rule 
is not a significant regulatory action. It is one of a category of 
regulations considered ``routine and frequent'' by the Office of 
Management and Budget.
    This rule establishes a special local regulation for the Daytona 
Beach Grand Prix of the Seas, a series of high-speed personal 
watercraft boat races. The regulated area includes the waters of the 
Atlantic Ocean offshore from Daytona Beach, Florida and will be 
enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016. 
Approximately 90 high-speed personal watercraft are anticipated to 
participate in the races. The regulated area would encompass an 
approximated offshore area that is 1,350 yards wide extending 600 yards 
south of the Daytona Beach pier to 1,900 yards north of the pier. No 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative.

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, 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 approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard has determined that this temporary final rule is 
not a significant regulatory action for the following reasons: (1) The 
special local regulation would be enforced for a total of only 27 hours 
over the course of three days; (2) although persons and vessels would 
not be able to enter, transit through, anchor in, or remain within the 
regulated area without authorization from the COTP 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 regulated area if authorized by the COTP Jacksonville or a 
designated representative; and (4) the Coast Guard would provide 
advance notification of the special local regulation to the local 
maritime community via Broadcast Notice to Mariners or by on-scene 
designated representative.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
regulated area 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 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 
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

[[Page 22546]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 special local regulation that would prohibit persons 
and vessels from transiting through a 2,500 yard by 1,350 yard 
regulated area during a three day racing event lasting nine hours 
daily. It is categorically excluded from further review under 
paragraphs 34(h) and 35(a) of Figure 2-1 of the Commandant Instruction. 
An environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination 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 
rule.

G. 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.

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 amends 
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 Sec.  100.35T07-1108 to read as follows:


Sec.  100.35T07-1108  Special Local Regulation, Daytona Beach Grand 
Prix of the Seas; Atlantic Ocean, Daytona Beach, FL.

    (a) Regulated area. The following regulated area is a special local 
regulation located offshore from Daytona Beach, FL. All waters of the 
Atlantic Ocean encompassed within the following points: Starting at 
Point 1 in position 29[deg]14.580' N., 081[deg]00.820' W.; thence 
northeast to Point 2 in position 29[deg]14.783' N., 081[deg]00.101' W.; 
thence southeast to Point 3 in position 29[deg]13.646' N., 
080[deg]59.549' W.; thence southwest to Point 4 in position 
29[deg]13.434' N., 081[deg]00.224' W.; thence northwest back to origin. 
These coordinates are based on North American Datum 1983.
    (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 (COTP) Jacksonville 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 COTP Jacksonville or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 
Jacksonville by telephone at 904-714-7557, 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 
Jacksonville or designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through Broadcast Notice to Mariners via VHF--FM channel 16 or by on-
scene designated representatives.
    (d) Enforcement period. This section will be enforced daily 8 a.m. 
to 5 p.m. from April 22 through April 24, 2016.

    Dated: April 12, 2016.
 J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-08875 Filed 4-15-16; 8:45 am]
BILLING CODE 9110-04-P



                                                22544                 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations

                                                complainant resided on the date of the                       (3) Compensation for any special                    will be enforced daily from 8 a.m. to 5
                                                violation.                                                damages sustained as a result of the                   p.m.
                                                   (b) A final order is not subject to                    discharge or discrimination; and                       ADDRESSES: To view documents
                                                judicial review in any criminal or other                     (4) Litigation costs, expert witness                mentioned in this preamble as being
                                                civil proceeding.                                         fees, and reasonable attorney fees.                    available in the docket, go to http://
                                                   (c) If a timely petition for review is                    (d) Within seven days after filing a                www.regulations.gov, type USCG–2015–
                                                filed, the record of a case, including the                complaint in federal court, a                          1108 in the ‘‘SEARCH’’ box and click
                                                record of proceedings before the ALJ,                     complainant must file with OSHA, the                   ‘‘SEARCH.’’ Click on Open Docket
                                                will be transmitted by the ARB or the                     ALJ, or the ARB, depending on where                    Folder on the line associated with this
                                                ALJ, as the case may be, to the                           the proceeding is pending, a copy of the               rule.
                                                appropriate court pursuant to the                         file-stamped complaint. In all cases, a                FOR FURTHER INFORMATION CONTACT: If
                                                Federal Rules of Appellate Procedure                      copy of the complaint also must be                     you have questions about this
                                                and the local rules of such court.                        served on the OSHA official who issued                 rulemaking, call or email Lieutenant
                                                                                                          the findings and/or preliminary order,                 Allan Storm, Sector Jacksonville,
                                                § 1987.113       Judicial enforcement.
                                                                                                          the Assistant Secretary, and the                       Waterways Management Division, U.S.
                                                   Whenever any person has failed to                      Associate Solicitor, Division of Fair                  Coast Guard; telephone 904–714–7616,
                                                comply with a preliminary order of                        Labor Standards, U.S. Department of                    email Allan.H.Storm@uscg.mil.
                                                reinstatement, or a final order, including                Labor.
                                                one approving a settlement agreement,                                                                            SUPPLEMENTARY INFORMATION:
                                                issued under FSMA, the Secretary may                      § 1987.115        Special circumstances; waiver        I. Table of Abbreviations
                                                file a civil action seeking enforcement of                of rules.
                                                                                                                                                                 CFR Code of Federal Regulations
                                                the order in the United States district                      In special circumstances not
                                                                                                                                                                 DHS Department of Homeland Security
                                                court for the district in which the                       contemplated by the provisions of the                  FR Federal Register
                                                violation was found to have occurred or                   rules in this part, or for good cause                  NPRM Notice of proposed rulemaking
                                                in the United States district court for the               shown, the ALJ or the ARB on review                    § Section
                                                District of Columbia. Whenever any                        may, upon application, after three days                U.S.C. United States Code
                                                person has failed to comply with a                        notice to all parties, waive any rule or
                                                                                                                                                                 II. Background Information and
                                                preliminary order of reinstatement, or a                  issue such orders that justice or the
                                                                                                                                                                 Regulatory History
                                                final order, including one approving a                    administration of FSMA requires.
                                                settlement agreement, issued under                        [FR Doc. 2016–08724 Filed 4–15–16; 8:45 am]
                                                                                                                                                                    On December 7, 2015, Powerboat P1–
                                                FSMA, a person on whose behalf the                                                                               USA, LLC notified the Coast Guard that
                                                                                                          BILLING CODE 4510–26–P
                                                order was issued may file a civil action                                                                         it will conduct a series of high speed
                                                seeking enforcement of the order in the                                                                          boat races in the Atlantic Ocean,
                                                appropriate United States district court.                                                                        offshore from Daytona Beach, FL from
                                                                                                          DEPARTMENT OF HOMELAND                                 April 22 through 24, 2016. In response,
                                                § 1987.114 District court jurisdiction of                 SECURITY                                               on February 4, 2016, the Coast Guard
                                                retaliation complaints.                                                                                          published a notice of proposed
                                                                                                          Coast Guard
                                                   (a) The complainant may bring an                                                                              rulemaking (NPRM) titled Special Local
                                                action at law or equity for de novo                       33 CFR Part 100                                        Regulation, Daytona Beach Grand Prix
                                                review in the appropriate district court                                                                         of the Seas; Daytona Beach, FL (81 FR
                                                of the United States, which will have                     [Docket Number USCG–2015–1108]                         5967). There we stated why we issued
                                                jurisdiction over such an action without                  RIN 1625–AA08                                          the NPRM and invited comments on our
                                                regard to the amount in controversy,                                                                             proposed regulatory action related to
                                                either:                                                   Special Local Regulation, Daytona                      this boat race. During the comment
                                                   (1) Within 90 days after receiving a                   Beach Grand Prix of the Seas; Atlantic                 period that ended March 7, 2016, we
                                                written determination under                               Ocean, Daytona Beach, FL                               received 3 comments.
                                                § 1987.105(a) provided that there has                                                                               Under good cause provisions in 5
                                                been no final decision of the Secretary;                  AGENCY:    Coast Guard, DHS.                           U.S.C. 553(d)(3), we are making this rule
                                                or                                                        ACTION:   Temporary final rule.                        effective less than 30 days after its
                                                   (2) If there has been no final decision                                                                       publication in the Federal Register. The
                                                of the Secretary within 210 days of the                   SUMMARY:    The Coast Guard is                         Coast Guard finds that good cause exists
                                                filing of the complaint.                                  establishing a special local regulation on             for making this rule effective starting
                                                   (b) At the request of either party, the                the waters of the Atlantic Ocean east of               April 22, 2016 because the public was
                                                action shall be tried by the court with                   Daytona Beach, Florida during the                      notified of this event well in advance
                                                a jury.                                                   Daytona Beach Grand Prix of the Seas,                  through a proposed rule to regulate
                                                   (c) A proceeding under paragraph (a)                   a series of high-speed personal                        waterway activities published on
                                                of this section shall be governed by the                  watercraft boat races. This action is                  February 4, 2016 [81 FR 5967].
                                                same legal burdens of proof specified in                  necessary to provide for the safety of life            Designated representatives will be on
                                                § 1987.109. The court shall have                          on the navigable waters surrounding the                scene to assist the public with
                                                jurisdiction to grant all relief necessary                event. This special local regulation will              compliance during the nine hours per
                                                to make the employee whole, including                     be enforced daily 8 a.m. to 5 p.m., from               day that the regulation will be enforced.
                                                injunctive relief and compensatory                        April 22 through April 24, 2016. This
mstockstill on DSK4VPTVN1PROD with RULES




                                                damages, including:                                       rulemaking prohibits persons and                       III. Legal Authority and Need for Rule
                                                   (1) Reinstatement with the same                        vessels from being in the regulated area                  The Coast Guard is issuing this rule
                                                seniority status that the employee                        unless authorized by the Captain of the                under authority in 33 U.S.C. 1233. The
                                                would have had, but for the discharge                     Port (COTP) Jacksonville or a designated               COTP Jacksonville determined that
                                                or discrimination;                                        representative.                                        potential hazards associated with high
                                                   (2) The amount of back pay, with                       DATES: This rule is effective from April               speed boat races necessitate the
                                                interest;                                                 22, 2016 through April 24, 2016 and                    establishment of a special local


                                           VerDate Sep<11>2014     16:20 Apr 15, 2016   Jkt 238001   PO 00000   Frm 00034    Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1


                                                                    Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations                                         22545

                                                regulation. The purpose of this                         may utilize Federal, state, and local                    The Coast Guard has determined that
                                                rulemaking is to ensure the safety of life              officers (designated representatives) for             this temporary final rule is not a
                                                on the navigable waters of the United                   the enforcement of the regulated area.                significant regulatory action for the
                                                States by prohibiting all vessels and                      A ‘‘significant regulation’’ under                 following reasons: (1) The special local
                                                persons not participating in the event                  Executive Order 12866, is one that has                regulation would be enforced for a total
                                                from entering the regulated area.                       an impact on the economy of more than                 of only 27 hours over the course of three
                                                                                                        $100 million or one that adversely                    days; (2) although persons and vessels
                                                IV. Discussion of Comments, Changes,                    affects in a material way the economy or              would not be able to enter, transit
                                                and the Rule                                            a sector of the economy; creates a                    through, anchor in, or remain within the
                                                   As noted above, we received three                    serious inconsistency or interferes with              regulated area without authorization
                                                comments on the NPRM published                          another agency; materially alters the                 from the COTP Jacksonville or a
                                                February 4, 2016. Two comments                          budgetary impact of entitlements,                     designated representative, they would
                                                received were in support of the rule.                   grants, user fees, or loan programs, or               be able to operate in the surrounding
                                                The third comment received was                          the rights and obligations of recipients;             area during the enforcement period; (3)
                                                opposed to the rule. The comment                        or raises a novel issue of law or policy.             persons and vessels would still be able
                                                opposed to the rule disputed the                        For the reasons stated in section V.A                 to enter, transit through, anchor in, or
                                                following items: (1) The Coast Guard’s                  below, the Coast Guard determines that                remain within the regulated area if
                                                position that this high speed boat race                 this rule is not a significant regulatory             authorized by the COTP Jacksonville or
                                                poses an extra hazard to the safety of life             action. It is one of a category of                    a designated representative; and (4) the
                                                on the navigable waters surrounding the                 regulations considered ‘‘routine and                  Coast Guard would provide advance
                                                event, (2) the need to establish a special              frequent’’ by the Office of Management                notification of the special local
                                                local regulation to mitigate the hazards                and Budget.                                           regulation to the local maritime
                                                associated with this event, (3) the need                   This rule establishes a special local              community via Broadcast Notice to
                                                for Coast Guard presence to enforce the                 regulation for the Daytona Beach Grand                Mariners or by on-scene designated
                                                rule (due to monetary cost to taxpayers),               Prix of the Seas, a series of high-speed              representative.
                                                and (4) the determination that this rule                personal watercraft boat races. The
                                                is not a ‘‘significant regulatory action.’’             regulated area includes the waters of the             B. Impact on Small Entities
                                                In regard to significant regulatory                     Atlantic Ocean offshore from Daytona                     The Regulatory Flexibility Act of
                                                action, the commenter stated that this                  Beach, Florida and will be enforced                   1980, 5 U.S.C. 601–612, as amended,
                                                rule ‘‘encroaches on rights of mariners                 daily 8 a.m. to 5 p.m., from April 22                 requires Federal agencies to consider
                                                to be in a public area.’’                               through April 24, 2016. Approximately                 the potential impact of regulations on
                                                   A marine event is defined as an                      90 high-speed personal watercraft are                 small entities during rulemaking. The
                                                organized event of limited duration on                  anticipated to participate in the races.              term ‘‘small entities’’ comprises small
                                                the navigable waters of the United                      The regulated area would encompass an                 businesses, not-for-profit organizations
                                                States conducted according to a                         approximated offshore area that is 1,350              that are independently owned and
                                                prearranged schedule which presents an                  yards wide extending 600 yards south of               operated and are not dominant in their
                                                extra or unusual hazard to the safety of                the Daytona Beach pier to 1,900 yards                 fields, and governmental jurisdictions
                                                human life that cannot be protected by                  north of the pier. No vessel or person                with populations of less than 50,000.
                                                existing navigation. Prior to taking any                will be permitted to enter the regulated              The Coast Guard received no comments
                                                regulatory action and to considering the                area without obtaining permission from                from the Small Business Administration
                                                establishment of a special local                        the COTP or a designated                              on this rulemaking. The Coast Guard
                                                regulation, the Coast Guard utilizes a                  representative.                                       certifies under 5 U.S.C. 605(b) that this
                                                risk-informed decision making process                                                                         rule will not have a significant
                                                to determine if an event meets the                      V. Regulatory Analyses                                economic impact on a substantial
                                                definition of a marine event as outlined                  We developed this rule after                        number of small entities.
                                                in 33 CFR 100.05 and is likely to                       considering numerous statutes and                        While some owners or operators of
                                                introduce an extra or unusual hazard to                 Executive orders related to rulemaking.               vessels intending to transit the regulated
                                                the safety of human life. The primary                   Below we summarize our analyses                       area may be small entities, for the
                                                risk factors for determining that this is               based on a number of these statutes and               reasons stated in section V.A above, this
                                                a marine event included: (1) The                        Executive orders, and we discuss First                rule will not have a significant
                                                expected involvement of an unusually                    Amendment rights of protestors.                       economic impact on any vessel owner
                                                large concentration of traffic on the                                                                         or operator.
                                                water that may interfere with routine                   A. Regulatory Planning and Review                        Under section 213(a) of the Small
                                                navigation and (2) the event includes an                   Executive Orders 12866 and 13563                   Business Regulatory Enforcement
                                                inherently hazardous competition                        direct agencies to assess the costs and               Fairness Act of 1996 (Pub. L. 104–121),
                                                where craft are expected to travel at                   benefits of available regulatory                      we want to assist small entities in
                                                high speeds. Once the Coast Guard                       alternatives and, if regulation is                    understanding this rule. If the rule
                                                made the marine event determination,                    necessary, to select regulatory                       would affect your small business,
                                                we proposed a safety risk-mitigation                    approaches that maximize net benefits.                organization, or governmental
                                                tool. In this case, it is the establishment             Executive Order 13563 emphasizes the                  jurisdiction and you have questions
                                                of a special local regulation. Based on                 importance of quantifying both costs                  concerning its provisions or options for
                                                an analysis of the factors addressed                    and benefits, of reducing costs, of                   compliance, please contact the person
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                                                above, the commenter’s position that                    harmonizing rules, and of promoting                   listed in the FOR FURTHER INFORMATION
                                                this race is not a marine event justifying              flexibility. This rule has not been                   CONTACT section.
                                                Coast Guard action is not supportable.                  designated a ‘‘significant regulatory                    Small businesses may send comments
                                                   For the enforcement of this rule, the                action,’’ under Executive Order 12866.                on the actions of Federal employees
                                                Coast Guard does not need to be on                      Accordingly, it has not been reviewed                 who enforce, or otherwise determine
                                                scene. As stated in the regulatory text at              by the Office of Management and                       compliance with, Federal regulations to
                                                the end of this document, the COTP                      Budget.                                               the Small Business and Agriculture


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                                                22546               Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations

                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       29°14.783′ N., 081°00.101′ W.; thence
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                     southeast to Point 3 in position
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                        29°13.646′ N., 080°59.549′ W.; thence
                                                Ombudsman evaluates these actions                       complying with the National                           southwest to Point 4 in position
                                                annually and rates each agency’s                        Environmental Policy Act of 1969 (42                  29°13.434′ N., 081°00.224′ W.; thence
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and have                          northwest back to origin. These
                                                wish to comment on actions by                           determined that this action is one of a               coordinates are based on North
                                                employees of the Coast Guard, call 1–                   category of actions that do not                       American Datum 1983.
                                                888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                      (b) Definition. The term ‘‘designated
                                                Coast Guard will not retaliate against                  significant effect on the human                       representative’’ means Coast Guard
                                                small entities that question or complain                environment. This rule involves a                     Patrol Commanders, including Coast
                                                about this rule or any policy or action                 special local regulation that would                   Guard coxswains, petty officers, and
                                                of the Coast Guard.                                     prohibit persons and vessels from                     other officers operating Coast Guard
                                                                                                        transiting through a 2,500 yard by 1,350              vessels, and Federal, state, and local
                                                C. Collection of Information                                                                                  officers designated by or assisting the
                                                                                                        yard regulated area during a three day
                                                  This rule will not call for a new                     racing event lasting nine hours daily. It             Captain of the Port (COTP) Jacksonville
                                                collection of information under the                     is categorically excluded from further                in the enforcement of the regulated area.
                                                Paperwork Reduction Act of 1995 (44                     review under paragraphs 34(h) and 35(a)                  (c) Regulations. (1) All persons and
                                                U.S.C. 3501–3520).                                      of Figure 2–1 of the Commandant                       vessels are prohibited from entering,
                                                                                                        Instruction. An environmental analysis                transiting through, anchoring in, or
                                                D. Federalism and Indian Tribal
                                                                                                        checklist supporting this determination               remaining within the regulated area
                                                Governments
                                                                                                        and a Categorical Exclusion                           unless authorized by the COTP
                                                   A rule has implications for federalism               Determination are available in the                    Jacksonville or a designated
                                                under Executive Order 13132,                            docket where indicated under                          representative.
                                                Federalism, if it has a substantial direct              ADDRESSES. We seek any comments or                       (2) Persons and vessels desiring to
                                                effect on the States, on the relationship               information that may lead to the                      enter, transit through, anchor in, or
                                                between the national government and                     discovery of a significant environmental              remain within the regulated area may
                                                the States, or on the distribution of                   impact from this rule.                                contact the COTP Jacksonville by
                                                power and responsibilities among the                                                                          telephone at 904–714–7557, or a
                                                various levels of government. We have                   G. Protest Activities                                 designated representative via VHF–FM
                                                analyzed this rule under that Order and                   The Coast Guard respects the First                  radio on channel 16 to request
                                                have determined that it is consistent                   Amendment rights of protesters.                       authorization. If authorization is
                                                with the fundamental federalism                         Protesters are asked to contact the                   granted, all persons and vessels
                                                principles and preemption requirements                  person listed in the FOR FURTHER                      receiving such authorization must
                                                described in Executive Order 13132.                     INFORMATION CONTACT section to                        comply with the instructions of the
                                                   Also, this rule does not have tribal                 coordinate protest activities so that your            COTP Jacksonville or designated
                                                implications under Executive Order                      message can be received without                       representative.
                                                13175, Consultation and Coordination                    jeopardizing the safety or security of                   (3) The Coast Guard will provide
                                                with Indian Tribal Governments,                         people, places or vessels.                            notice of the regulated area through
                                                because it does not have a substantial                                                                        Broadcast Notice to Mariners via VHF—
                                                direct effect on one or more Indian                     List of Subjects in 33 CFR Part 100                   FM channel 16 or by on-scene
                                                tribes, on the relationship between the                   Marine safety, Navigation (water),                  designated representatives.
                                                Federal Government and Indian tribes,                   Reporting and recordkeeping                              (d) Enforcement period. This section
                                                or on the distribution of power and                     requirements, Waterways.                              will be enforced daily 8 a.m. to 5 p.m.
                                                responsibilities between the Federal                      For the reasons discussed in the                    from April 22 through April 24, 2016.
                                                Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                      Dated: April 12, 2016.
                                                believe this rule has implications for                  CFR part 100 as follows:                              J.F. Dixon,
                                                federalism or Indian tribes, please
                                                                                                                                                              Captain, U.S. Coast Guard, Captain of the
                                                contact the person listed in the FOR                    PART 100—SAFETY OF LIFE ON                            Port Jacksonville.
                                                FURTHER INFORMATION CONTACT section.                    NAVIGABLE WATERS                                      [FR Doc. 2016–08875 Filed 4–15–16; 8:45 am]
                                                E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 100              BILLING CODE 9110–04–P

                                                  The Unfunded Mandates Reform Act                      continues to read as follows:
                                                of 1995 (2 U.S.C. 1531–1538) requires                       Authority: 33 U.S.C. 1233.
                                                Federal agencies to assess the effects of                                                                     DEPARTMENT OF HOMELAND
                                                                                                        ■ 2. Add § 100.35T07–1108 to read as                  SECURITY
                                                their discretionary regulatory actions. In              follows:
                                                particular, the Act addresses actions                                                                         Coast Guard
                                                that may result in the expenditure by a                 § 100.35T07–1108 Special Local
                                                State, local, or tribal government, in the              Regulation, Daytona Beach Grand Prix of
                                                                                                        the Seas; Atlantic Ocean, Daytona Beach,              33 CFR Part 117
                                                aggregate, or by the private sector of
                                                $100,000,000 (adjusted for inflation) or                FL.                                                   [Docket No. USCG–2016–0295]
                                                more in any one year. Though this rule                    (a) Regulated area. The following
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                                                will not result in such an expenditure,                 regulated area is a special local                     Drawbridge Operation Regulation; Isle
                                                we do discuss the effects of this rule                  regulation located offshore from                      of Wight (Sinepatuxent) Bay, Ocean
                                                elsewhere in this preamble.                             Daytona Beach, FL. All waters of the                  City, MD
                                                                                                        Atlantic Ocean encompassed within the                 AGENCY: Coast Guard, DHS.
                                                F. Environment                                          following points: Starting at Point 1 in
                                                                                                                                                              ACTION:Notice of deviation from
                                                  We have analyzed this rule under                      position 29°14.580′ N., 081°00.820′ W.;
                                                                                                                                                              drawbridge regulation.
                                                Department of Homeland Security                         thence northeast to Point 2 in position


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Document Created: 2016-04-16 01:45:28
Document Modified: 2016-04-16 01:45:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from April 22, 2016 through April 24, 2016 and will be enforced daily from 8 a.m. to 5 p.m.
ContactIf you have questions about this rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone 904-714- 7616, email [email protected]
FR Citation81 FR 22544 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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