
[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Rules and Regulations]               
[Page 45615-45617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au08-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0433]
RIN 1625-AA00

 
Safety Zone, 2008 Personal Watercraft Challenge, Atlantic Ocean, 
Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Atlantic Ocean offshore from Fort Lauderdale, Florida for the 2008 
Personal Watercraft Challenge. This temporary safety zone is intended 
to restrict vessels from entering waters within the zone unless 
specifically authorized by the Captain of the Port Miami, Florida, or a 
designated representative. This rule is necessary to provide for the 
safety of life on the navigable waters of the United States and protect 
participants, spectators, and mariner traffic from potential hazards 
associated with the event.

DATES: This rule is effective from 8 a.m. until 11 a.m. on August 16, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0433 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and at 
Sector Miami, 100 MacArthur Causeway, Miami Beach, FL 33139 between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Senior Chief Ray Johnson, Coast Guard Sector 
Miami, Florida at (305) 535-4307. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act

[[Page 45616]]

(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 notice of this event was not provided to the Coast Guard 
with sufficient time to publish an NPRM and receive public comment 
before the event date. Furthermore, good cause exists because this 
temporary safety zone will not significantly restrict the use of the 
waterway as all vessels will be able to safely transit around the zone. 
A Coast Guard Patrol Commander will be available and the Coast Guard 
will also issue a Broadcast Notice to Mariners. This temporary rule is 
necessary to ensure the safety of participants, spectators, and the 
general public on the navigable waters of the United States.
    For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Background and Purpose

    Extreme Events is sponsoring the 2008 Personal Watercraft Challenge 
with approximately 300 personal watercrafts each 9 feet in length. The 
event will be held between the hours of 8 a.m. and 11 a.m. on August 
16, 2008. The public is invited to attend. The high concentration of 
event participants, spectators, and the general boating public presents 
an extra hazard to the safety of life on the navigable waters of the 
United States. A regulated area encompassing the waters of the Atlantic 
Ocean is necessary to protect participants as well as spectators from 
hazards associated with the event.

Discussion of Rule

    This rule establishes a temporary safety zone for the 2008 Personal 
Watercraft Challenge in the Atlantic Ocean. Extreme Events will sponsor 
the 2008 Personal Watercraft Challenge on Saturday, August 16, 2008 
between the hours of 8 a.m. and 11 a.m. in the Atlantic Ocean offshore 
in an area from Fort Lauderdale, Florida north to Hillsboro Inlet, 
Florida. The Coast Guard is establishing a temporary safety zone in and 
on the waters of the Atlantic Ocean. This safety zone includes all 
waters from the surface to the bottom, encompassed by an imaginary line 
connecting the following points: 26[deg]15[min]09[sec] N, 
080[deg]04[min]57.78[sec] W; thence to 26[deg]15[min]08.70[sec] N, 
080[deg]04[min]47.82[sec] W; thence to 26[deg]06[min]20.88[sec] N, 
080[deg]06[min]01.50[sec] W; thence to 26[deg]06[min]20.76[sec] N, 
080[deg]06[min]11.40[sec] W; thence returning to origin. All vessels 
and persons are prohibited from anchoring, mooring, or transiting 
within this zone unless authorized by the Captain of the Port Miami, 
Florida or a designated representative. The safety zone will be in 
place from 8 a.m. to 11 a.m. on August 16, 2008.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This regulation will only be in effect for a 
short period of time and the impact on routine navigation is expected 
to be minimal, since vessels should be able to safely navigate around 
the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit this zone between 8 a.m. and 11 a.m. on August 16, 2008. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for a short period of time and the impact 
on routine navigation is expected to be minimal, since vessels should 
be able to safely navigate around the zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive

[[Page 45617]]

Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded, 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule because it concerns an 
emergency situation of less than 1 week in duration.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. A new temporary Sec.  165.T07-0433 is added to read as follows:


Sec.  165-T07-0433  Safety Zone, 2008 Personal Watercraft Challenge, 
Atlantic Ocean, Fort Lauderdale, Florida.

    (a) Regulated areas. Temporary safety zone for the 2008 Personal 
Watercraft Challenge in the Atlantic Ocean offshore in an area from 
Fort Lauderdale, Florida north to Hillsboro Inlet, Florida. The Coast 
Guard is establishing a temporary safety zone in and on the waters of 
the Atlantic Ocean. This safety zone includes all waters from the 
surface to the bottom, encompassed by an imaginary line connecting the 
following points: 26[deg]15[min]09[sec] N, 080[deg]04[min]57.78[sec] W, 
thence to 26[deg]15[min]08.70[sec] N, 080[deg]04[min]47.82[sec] W, 
thence to 26[deg]06[min]20.88[sec] N, 080[deg]06[min]01.50[sec] W, 
thence to 26[deg]06[min]20.76[sec] N, 080[deg]06[min]11.40[sec] W, 
thence returning to origin.
    (b) Definitions. The following definitions apply to this section:
    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), Miami, 
Florida in the enforcement of regulated navigation areas, safety zones, 
and security zones.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may anchor, moor or 
transit a safety zone without permission of the Captain of the Port 
Miami, Florida or a designated representative. To request permission to 
enter into a safety zone, the Captain of the Port's designated 
representative may be contacted on VHF channel 16.
    (2) At the completion of scheduled event, and departure of 
participants from the regulated area, the Coast Guard Patrol Commander 
may permit traffic to resume normal operations.
    (d) Effective Period. This temporary safety zone will be effective 
between the hours of 8 a.m. and 11 a.m., Saturday, August 16, 2008.

    Dated: July 15, 2008.
J.O. Fitton,
Captain, U.S. Coast Guard, Captain of the Port Miami, FL.
[FR Doc. E8-18079 Filed 8-5-08; 8:45 am]

BILLING CODE 4910-15-P
