82_FR_22976 82 FR 22880 - Safety Zone; Space Coast Super Boat Grand Prix; Atlantic Ocean, Cocoa Beach, FL

82 FR 22880 - Safety Zone; Space Coast Super Boat Grand Prix; Atlantic Ocean, Cocoa Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 96 (May 19, 2017)

Page Range22880-22882
FR Document2017-10148

The Coast Guard is establishing a temporary safety zone on the waters of the Atlantic Ocean offshore from Cocoa Beach, FL during the Space Coast Super Boat Grand Prix, a series of high-speed boat races. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the general public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative.

Federal Register, Volume 82 Issue 96 (Friday, May 19, 2017)
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22880-22882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10148]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0131]
RIN 1625-AA08


Safety Zone; Space Coast Super Boat Grand Prix; Atlantic Ocean, 
Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Ocean offshore from Cocoa Beach, FL during the 
Space Coast Super Boat Grand Prix, a series of high-speed boat races. 
The safety zone is necessary to ensure the safety of participant 
vessels, spectators, and the general public during the event. This 
regulation prohibits persons and non-participant vessels from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 10 a.m. until 5 p.m. on May 21, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0131 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 rule, 
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

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because insufficient time remains to publish 
an NPRM and to receive public comments, as the Space Coast Super Boat 
Grand Prix event will occur before the rulemaking process would be 
completed. Because of the dangers associated with high speed boat 
races, the safety zone is necessary to provide for the safety of event 
participants, spectators, and vessels transiting the event area. For 
those reasons, it would be impracticable and contrary to the public 
interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The purpose of the rule is to ensure the safety of the 
event participants, the general public, vessels and the navigable 
waters of the Atlantic Ocean in the vicinity of Cocoa Beach, Florida 
during the Space Coast Super Boat Grand Prix race event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of 
the Atlantic Ocean in the vicinity of Cocoa Beach, Florida during the 
Space Coast Super Boat Grand Prix race event. The safety zone will 
cover an offshore area approximately two and a half nautical miles long 
by one-half nautical mile wide. The races are scheduled to take place 
from 10 a.m. to 5 p.m. on May 21, 2017. Approximately 30 high-speed 
race boats are anticipated to participate in the races. No person or 
non-participant vessel will be permitted to enter, transit through, 
anchor in, or remain within the safety zone without obtaining 
permission from the Captain of the Port Jacksonville or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone is granted by the Captain of the Port 
Jacksonville or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Jacksonville or a designated representative. The 
Coast Guard will provide notice of the safety zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and/or by on-scene designated 
representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory 
Costs''), directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be

[[Page 22881]]

identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled ``Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will be enforced for only 7 
hours; (2) although persons and vessels may not enter, transit through, 
anchor in, or remain within the safety zone without authorization from 
the Captain of the Port Jacksonville or a designated representative, 
they may operate in the surrounding area during the enforcement period; 
(3) persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
Captain of the Port Jacksonville or a designated representative; and 
(4) the Coast Guard will provide advance notification of the safety 
zone to the local maritime community by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or by on-scene designated 
representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on ``small entities'' comprised of small businesses and 
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 would not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule 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 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 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 safety zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Atlantic Ocean in the vicinity of 
Cocoa Beach, Florida during a one-day racing event lasting seven hours. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) 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 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:


[[Page 22882]]


    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.


0
2. Add a temporary Sec.  165.T07-0131 to read as follows:


Sec.  165.T07-0131  Safety Zone; Space Coast Super Boat Grand Prix; 
Atlantic Ocean, Cocoa Beach, FL.

    (a) Location. The following regulated area is a safety zone located 
offshore from Cocoa Beach, FL: All waters of the Atlantic Ocean 
encompassed within the following points: Starting at Point 1 in 
position 28[deg]22'16'' N., 080[deg]36'04'' W.; thence east to Point 2 
in position 28[deg]2'15'' N., 080[deg]35'38'' W.; thence south to Point 
3 in position 28[deg]19'46'' N., 080[deg]35'38'' W.; thence west to 
Point 4 in position 28[deg]19'47'' N., 080[deg]36'22'' W.; thence north 
back to origin. These coordinates are based on North American Datum 
1983.
    (b) Definition. As used in this section, 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 areas.
    (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 by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, and/or by on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced from 10 a.m. 
until 5 p.m. on May 21, 2017.

    Dated: May 8, 2017.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-10148 Filed 5-18-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             22880                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                             comment on this delay of the GHG                        available in the docket, go to http://                navigable waters of the Atlantic Ocean
                                             measure would be impractical, as well                   www.regulations.gov, type USCG–2017–                  in the vicinity of Cocoa Beach, Florida
                                             as contrary to the public interest in the               0131 in the ‘‘SEARCH’’ box and click                  during the Space Coast Super Boat
                                             orderly promulgation and                                ‘‘SEARCH.’’ Click on Open Docket                      Grand Prix race event.
                                             implementation of regulations. The                      Folder on the line associated with this               IV. Discussion of the Rule
                                             President’s appointees and designees                    rule.
                                             need to further delay the effective date                FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              This rule establishes a safety zone on
                                             of the sections of the PM#3 Final Rule                  you have questions about this rule, call              certain navigable waters of the Atlantic
                                             pertaining to the GHG measure to have                   or email Lieutenant Allan Storm, Sector               Ocean in the vicinity of Cocoa Beach,
                                             adequate time to review them, and                       Jacksonville, Waterways Management                    Florida during the Space Coast Super
                                             neither the notice and comment process                  Division, U.S. Coast Guard; telephone                 Boat Grand Prix race event. The safety
                                             nor a 30 day delay in effective date                    (904) 714–7616, email Allan.H.Storm@                  zone will cover an offshore area
                                             could be implemented in time to allow                   uscg.mil.                                             approximately two and a half nautical
                                             for this review. Additionally, the public                                                                     miles long by one-half nautical mile
                                                                                                     SUPPLEMENTARY INFORMATION:                            wide. The races are scheduled to take
                                             will have the opportunity to provide
                                             additional comments on the GHG                          I. Table of Abbreviations                             place from 10 a.m. to 5 p.m. on May 21,
                                             measure in the near future.                                                                                   2017. Approximately 30 high-speed race
                                                                                                     COTP Captain of the Port                              boats are anticipated to participate in
                                             List of Subjects in 23 CFR Part 490                     CFR Code of Federal Regulations                       the races. No person or non-participant
                                                                                                     DHS Department of Homeland Security
                                               Bridges, Highway safety, Highways                     E.O. Executive order
                                                                                                                                                           vessel will be permitted to enter, transit
                                             and roads, Incorporation by reference,                  FR Federal Register                                   through, anchor in, or remain within the
                                             Reporting and recordkeeping                             NPRM Notice of proposed rulemaking                    safety zone without obtaining
                                             requirements.                                           Pub. L. Public Law                                    permission from the Captain of the Port
                                                                                                     § Section                                             Jacksonville or a designated
                                               Issued on: May 15, 2017.                              U.S.C. United States Code                             representative. If authorization to enter,
                                             Walter C. Waidelich, Jr.,                                                                                     transit through, anchor in, or remain
                                             Acting Deputy Administrator, Federal                    II. Background Information and
                                                                                                                                                           within the safety zone is granted by the
                                             Highway Administration.                                 Regulatory History
                                                                                                                                                           Captain of the Port Jacksonville or a
                                             [FR Doc. 2017–10092 Filed 5–18–17; 8:45 am]                The Coast Guard is issuing this                    designated representative, all persons
                                             BILLING CODE 4910–22–P                                  temporary rule without prior notice and               and vessels receiving such authorization
                                                                                                     opportunity to comment pursuant to                    must comply with the instructions of
                                                                                                     authority under section 4(a) of the                   the Captain of the Port Jacksonville or
                                             DEPARTMENT OF HOMELAND                                  Administrative Procedure Act (APA) (5                 a designated representative. The Coast
                                             SECURITY                                                U.S.C. 553(b)). This provision                        Guard will provide notice of the safety
                                                                                                     authorizes an agency to issue a rule                  zone by Local Notice to Mariners,
                                             Coast Guard                                             without prior notice and opportunity to               Broadcast Notice to Mariners, and/or by
                                                                                                     comment when the agency for good                      on-scene designated representatives.
                                             33 CFR Part 165                                         cause finds that those procedures are
                                                                                                     ‘‘impracticable, unnecessary, or contrary             V. Regulatory Analyses
                                             [Docket Number USCG–2017–0131]
                                                                                                     to the public interest.’’ Under 5 U.S.C.                We developed this rule after
                                             RIN 1625–AA08                                           553(b)(B), the Coast Guard finds that                 considering numerous statutes and
                                                                                                     good cause exists for not publishing a                Executive Orders related to rulemaking.
                                             Safety Zone; Space Coast Super Boat                     notice of proposed rulemaking (NPRM)                  Below we summarize our analyses
                                             Grand Prix; Atlantic Ocean, Cocoa                       with respect to this rule because                     based on a number of these statutes and
                                             Beach, FL                                               insufficient time remains to publish an               Executive orders, and we discuss First
                                             AGENCY:    Coast Guard, DHS.                            NPRM and to receive public comments,                  Amendment rights of protestors.
                                                                                                     as the Space Coast Super Boat Grand
                                             ACTION:   Temporary final rule.                                                                               A. Regulatory Planning and Review
                                                                                                     Prix event will occur before the
                                             SUMMARY:    The Coast Guard is                          rulemaking process would be                              E.O.s 12866 (‘‘Regulatory Planning
                                             establishing a temporary safety zone on                 completed. Because of the dangers                     and Review’’) and 13563 (‘‘Improving
                                             the waters of the Atlantic Ocean                        associated with high speed boat races,                Regulation and Regulatory Review’’)
                                             offshore from Cocoa Beach, FL during                    the safety zone is necessary to provide               direct agencies to assess the costs and
                                             the Space Coast Super Boat Grand Prix,                  for the safety of event participants,                 benefits of available regulatory
                                             a series of high-speed boat races. The                  spectators, and vessels transiting the                alternatives and, if regulation is
                                             safety zone is necessary to ensure the                  event area. For those reasons, it would               necessary, to select regulatory
                                             safety of participant vessels, spectators,              be impracticable and contrary to the                  approaches that maximize net benefits
                                             and the general public during the event.                public interest to publish an NPRM.                   (including potential economic,
                                             This regulation prohibits persons and                      Under 5 U.S.C. 553(d)(3), the Coast                environmental, public health and safety
                                             non-participant vessels from entering,                  Guard finds that good cause exists for                effects, distributive impacts, and equity.
                                             transiting through, anchoring in, or                    making this temporary rule effective less             E.O. 13563 emphasizes the importance
                                             remaining within the safety zone unless                 than 30 days after publication in the                 of quantifying both costs and benefits,
                                             authorized by the Captain of the Port                   Federal Register.                                     reducing costs, harmonizing rules, and
                                                                                                                                                           promoting flexibility. Executive Order
nlaroche on DSK30NT082PROD with RULES




                                             (COTP) Jacksonville or a designated                     III. Legal Authority and Need for Rule
                                             representative.                                                                                               13771 (‘‘Reducing Regulation and
                                                                                                        The Coast Guard is issuing this rule               Controlling Regulatory Costs’’), directs
                                             DATES: This rule is effective from 10                   under the authority in 33 U.S.C. 1231.                agencies to reduce regulation and
                                             a.m. until 5 p.m. on May 21, 2017.                      The purpose of the rule is to ensure the              control regulatory costs and provides
                                             ADDRESSES: To view documents                            safety of the event participants, the                 that ‘‘for every one new regulation
                                             mentioned in this preamble as being                     general public, vessels and the                       issued, at least two prior regulations be


                                        VerDate Sep<11>2014   14:45 May 18, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\19MYR1.SGM   19MYR1


                                                                   Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                          22881

                                             identified for elimination, and that the                would affect your small business,                     that may result in the expenditure by a
                                             cost of planned regulations be prudently                organization, or governmental                         State, local, or tribal government, in the
                                             managed and controlled through a                        jurisdiction and you have questions                   aggregate, or by the private sector of
                                             budgeting process.’’                                    concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                The Office of Management and Budget                  compliance, please contact the person                 more in any one year. Though this rule
                                             (OMB) has not designated this rule a                    listed in the FOR FURTHER INFORMATION                 will not result in such expenditure, we
                                             significant regulatory action under                     CONTACT section.                                      do discuss the effects of this rule
                                             section 3(f) of Executive Order 12866.                     Small businesses may send comments                 elsewhere in this preamble.
                                             Accordingly, OMB has not reviewed it.                   on the actions of Federal employees
                                             As this rule is not a significant                       who enforce, or otherwise determine                   F. Environment
                                             regulatory action, this rule is exempt                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             from the requirements of Executive                      the Small Business and Agriculture                    Department of Homeland Security
                                             Order 13771. See OMB’s Memorandum                       Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             titled ‘‘Interim Guidance Implementing                  and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             Section 2 of the Executive Order of                     Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                             January 30, 2017 titled ‘‘Reducing                      Ombudsman evaluates these actions                     complying with the National
                                             Regulation and Controlling Regulatory                   annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             Costs’ ’’ (February 2, 2017).                           responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                                The economic impact of this rule is                  wish to comment on actions by                         determined that this action is one of a
                                             not significant for the following reasons:              employees of the Coast Guard, call 1–                 category of actions that do not
                                             (1) The safety zone will be enforced for                888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             only 7 hours; (2) although persons and                  Coast Guard will not retaliate against                significant effect on the human
                                             vessels may not enter, transit through,                 small entities that question or complain              environment. This rule involves a safety
                                             anchor in, or remain within the safety                  about this rule or any policy or action               zone that will prohibit persons and
                                             zone without authorization from the                     of the Coast Guard.                                   vessels from entering, transiting
                                             Captain of the Port Jacksonville or a
                                                                                                     C. Collection of Information                          through, anchoring in, or remaining
                                             designated representative, they may
                                                                                                                                                           within a limited area on the waters of
                                             operate in the surrounding area during                    This rule will not call for a new                   the Atlantic Ocean in the vicinity of
                                             the enforcement period; (3) persons and                 collection of information under the                   Cocoa Beach, Florida during a one-day
                                             vessels will still be able to enter, transit            Paperwork Reduction Act of 1995 (44                   racing event lasting seven hours. This
                                             through, anchor in, or remain within the                U.S.C. 3501–3520).                                    rule is categorically excluded from
                                             regulated area if authorized by the
                                                                                                     D. Federalism and Indian Tribal                       further review under paragraph 34(g) of
                                             Captain of the Port Jacksonville or a
                                                                                                     Governments                                           Figure 2–1 of the Commandant
                                             designated representative; and (4) the
                                                                                                        A rule has implications for federalism             Instruction. A Record of Environmental
                                             Coast Guard will provide advance
                                                                                                     under Executive Order 13132,                          Consideration (REC) supporting this
                                             notification of the safety zone to the
                                                                                                     Federalism, if it has a substantial direct            determination and a Categorical
                                             local maritime community by Local
                                                                                                     effect on the States, on the relationship             Exclusion Determination are available
                                             Notice to Mariners, Broadcast Notice to
                                                                                                     between the national government and                   in the docket where indicated under
                                             Mariners, and/or by on-scene designated
                                                                                                                                                           ADDRESSES. We seek any comments or
                                             representatives.                                        the States, or on the distribution of
                                                                                                     power and responsibilities among the                  information that may lead to the
                                             B. Impact on Small Entities                             various levels of government. We have                 discovery of a significant environmental
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               impact from this rule.
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 G. Protest Activities
                                             requires Federal agencies to consider                   with the fundamental federalism
                                             the potential impact of regulations on                  principles and preemption requirements                  The Coast Guard respects the First
                                             ‘‘small entities’’ comprised of small                   described in Executive Order 13132.                   Amendment rights of protesters.
                                             businesses and not-for-profit                              Also, this rule does not have tribal               Protesters are asked to contact the
                                             organizations that are independently                    implications under Executive Order                    person listed in the FOR FURTHER
                                             owned and operated and are not                          13175, Consultation and Coordination                  INFORMATION CONTACT section to
                                             dominant in their fields, and                           with Indian Tribal Governments,                       coordinate protest activities so that your
                                             governmental jurisdictions with                         because it does not have a substantial                message can be received without
                                             populations of less than 50,000. The                    direct effect on one or more Indian                   jeopardizing the safety or security of
                                             Coast Guard certifies under 5 U.S.C.                    tribes, on the relationship between the               people, places or vessels.
                                             605(b) that this rule would not have a                  Federal Government and Indian tribes,                 List of Subjects in 33 CFR Part 165
                                             significant economic impact on a                        or on the distribution of power and
                                             substantial number of small entities.                   responsibilities between the Federal                    Harbors, Marine safety, Navigation
                                                While some owners or operators of                    Government and Indian tribes. If you                  (water), Reporting and recordkeeping
                                             vessels intending to transit the safety                 believe this rule has implications for                requirements, Security measures,
                                             zone may be small entities, for the                     federalism or Indian tribes, please                   Waterways.
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section.                  preamble, the Coast Guard amends 33
nlaroche on DSK30NT082PROD with RULES




                                             economic impact on any vessel owner                                                                           CFR part 165 as follows:
                                             or operator.                                            E. Unfunded Mandates Reform Act
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    PART 165—REGULATED NAVIGATION
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 AREAS AND LIMITED ACCESS AREAS
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                             we want to assist small entities in                     their discretionary regulatory actions. In            ■ 1. The authority citation for part 165
                                             understanding this rule. If the rule                    particular, the Act addresses actions                 continues to read as follows:


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                                             22882                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191,             DEPARTMENT OF HOMELAND                                ‘‘impracticable, unnecessary, or contrary
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and               SECURITY                                              to the public interest.’’ Under 5 U.S.C.
                                             Department of Homeland Security Delegation                                                                    553(b)(B), the Coast Guard finds that
                                             No. 0170.                                               Coast Guard                                           good cause exists for not publishing a
                                             ■ 2. Add a temporary § 165.T07–0131 to                                                                        notice of proposed rulemaking (NPRM)
                                             read as follows:                                        33 CFR Part 165                                       with respect to this rule. The Coast
                                                                                                     [Docket Number USCG 2017–0294]
                                                                                                                                                           Guard received notice on March 22,
                                             § 165.T07–0131 Safety Zone; Space Coast                                                                       2017 that this boat racing event is
                                             Super Boat Grand Prix; Atlantic Ocean,                  RIN 1625–AA00                                         scheduled to take place from May 20 to
                                             Cocoa Beach, FL.
                                                                                                                                                           21, 2017. Upon full review of the event
                                                (a) Location. The following regulated                Safety Zone; Sabine River, Orange,                    details, the Coast Guard determined that
                                             area is a safety zone located offshore                  Texas                                                 additional safety measures were
                                             from Cocoa Beach, FL: All waters of the                                                                       necessary due to potential navigational
                                             Atlantic Ocean encompassed within the                   AGENCY:    Coast Guard, DHS.
                                                                                                                                                           hazards present during the high speed
                                             following points: Starting at Point 1 in                ACTION:   Temporary final rule.                       boat race. The safety zone needs to be
                                             position 28°22′16″ N., 080°36′04″ W.;                                                                         established by May 20, 2017. As such,
                                             thence east to Point 2 in position                      SUMMARY:   The Coast Guard is
                                                                                                     establishing a temporary safety zone for              it is impracticable to publish an NPRM
                                             28°2′15″ N., 080°35′38″ W.; thence south                                                                      because we lack sufficient time to
                                             to Point 3 in position 28°19′46″ N.,                    certain navigable waters of the Sabine
                                                                                                     River adjacent to the public boat ramp                provide a reasonable comment period
                                             080°35′38″ W.; thence west to Point 4 in                                                                      and then consider those comments
                                             position 28°19′47″ N., 080°36′22″ W.;                   located in Orange, TX. This safety zone
                                                                                                     is necessary to protect persons and                   before issuing the rule.
                                             thence north back to origin. These                                                                               We are issuing this rule, and under 5
                                             coordinates are based on North                          vessels from hazards associated with a
                                                                                                                                                           U.S.C. 553(d)(3), the Coast Guard finds
                                             American Datum 1983.                                    high speed boat race competition.
                                                                                                                                                           that good cause exists for making it
                                                (b) Definition. As used in this section,             Persons and vessels are prohibited from
                                                                                                                                                           effective less than 30 days after
                                             the term ‘‘designated representative’’                  entering into, transiting through, or
                                                                                                                                                           publication in the Federal Register.
                                             means Coast Guard Patrol Commanders,                    anchoring within this safety zone unless
                                                                                                                                                           Delaying the effective date of this rule
                                             including Coast Guard coxswains, petty                  authorized by the Captain of the Port,
                                                                                                                                                           would be contrary to public interest
                                             officers, and other officers operating                  Port Arthur.
                                                                                                                                                           because regulatory action is necessary to
                                             Coast Guard vessels, and Federal, state,                DATES: This rule is effective from 8:30               limit access to the area of the high speed
                                             and local officers designated by or                     a.m. on May 20, 2017 through 6 p.m. on                boat races, protecting participants,
                                             assisting the Captain of the Port (COTP)                May 21, 2017.                                         spectators, and other persons and
                                             Jacksonville in the enforcement of the                  ADDRESSES: To view documents                          vessels from the potential hazards
                                             regulated areas.                                        mentioned in this preamble as being                   during a high speed boat race on a
                                                (c) Regulations. (1) All persons and
                                                                                                     available in the docket, go to http://                navigable waterway. The Coast Guard
                                             vessels are prohibited from entering,
                                                                                                     www.regulations.gov, type USCG–2017–                  will notify the public and maritime
                                             transiting through, anchoring in, or
                                                                                                     0294 in the ‘‘SEARCH’’ box and click                  community that the safety zone will be
                                             remaining within the regulated area
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                      in effect and of its enforcement periods
                                             unless authorized by the COTP
                                                                                                     Folder on the line associated with this               via broadcast notices to mariners (BNM)
                                             Jacksonville or a designated
                                                                                                     rule.                                                 and the event will be advertised in the
                                             representative.
                                                (2) Persons and vessels desiring to                  FOR FURTHER INFORMATION CONTACT: If                   Local Notice to Mariners (LNM).
                                             enter, transit through, anchor in, or                   you have questions on this rule, call or              III. Legal Authority and Need for Rule
                                             remain within the regulated area may                    email Mr. Scott Whalen, Marine Safety
                                                                                                     Unit Port Arthur, U.S. Coast Guard;                      The Coast Guard is issuing this rule
                                             contact the COTP Jacksonville by                                                                              under authority in 33 U.S.C. 1231. The
                                             telephone at 904–714–7557, or a                         telephone 409–719–5086, email
                                                                                                     Scott.K.Whalen@uscg.mil.                              Captain of the Port, Port Arthur (COTP)
                                             designated representative via VHF–FM                                                                          has determined that the potential
                                             radio on channel 16 to request                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                           hazards associated with high speed boat
                                             authorization. If authorization is
                                                                                                     I. Table of Abbreviations                             races are a safety concern for vessels
                                             granted, all persons and vessels
                                                                                                                                                           operating on the Sabine River. This rule
                                             receiving such authorization must                       CFR Code of Federal Regulations
                                                                                                     COTP Captain of the Port, Port Arthur
                                                                                                                                                           is needed to protect participants,
                                             comply with the instructions of the
                                                                                                     DHS Department of Homeland Security                   spectators, and other persons and
                                             COTP Jacksonville or designated
                                                                                                     FR Federal Register                                   vessels in the navigable waters within
                                             representative.
                                                (3) The Coast Guard will provide                     NPRM Notice of proposed rulemaking                    the safety zone during the scheduled
                                             notice of the regulated area by Local                   § Section                                             races.
                                                                                                     U.S.C. United States Code
                                             Notice to Mariners, Broadcast Notice to                                                                       IV. Discussion of the Rule
                                             Mariners via VHF–FM channel 16, and/                    II. Background Information and                           This rule establishes a temporary
                                             or by on-scene designated                               Regulatory History                                    safety zone from 8:30 a.m. on May 20,
                                             representatives.                                          The Coast Guard is issuing this                     2017 through 6 p.m. on May 21, 2017.
                                                (d) Enforcement Period. This rule will
                                                                                                     temporary rule without prior notice and               The safety zone covers all navigable
                                             be enforced from 10 a.m. until 5 p.m. on
                                                                                                     opportunity to comment pursuant to                    waters of the Sabine River, shoreline to
                                             May 21, 2017.
                                                                                                     authority under section 4(a) of the                   shoreline, adjacent to the public boat
nlaroche on DSK30NT082PROD with RULES




                                               Dated: May 8, 2017.                                   Administrative Procedure Act (APA) (5                 ramp located in Orange, TX. The
                                             T.C. Wiemers,                                           U.S.C. 553(b)). This provision                        northern boundary is from the end of
                                             Captain, U.S. Coast Guard, Captain of the               authorizes an agency to issue a rule                  Navy Pier One at 30°05′50″ N.,
                                             Port Jacksonville.                                      without prior notice and opportunity to               93°43′15″ W. then easterly to the rivers
                                             [FR Doc. 2017–10148 Filed 5–18–17; 8:45 am]             comment when the agency for good                      eastern shore. The southern boundary is
                                             BILLING CODE 9110–04–P                                  cause finds that those procedures are                 a line shoreline to shoreline at latitude


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Document Created: 2018-11-08 08:47:47
Document Modified: 2018-11-08 08:47:47
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 10 a.m. until 5 p.m. on May 21, 2017.
ContactIf you have questions about this rule, call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 714-7616, email [email protected]
FR Citation82 FR 22880 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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