
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34570-34573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0171]
RIN 1625-AA08


Special Local Regulations; Pro Hydro-X Tour, Lake Dora; Tavares, 
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 Lake Dora in Tavares, Florida, during the Pro Hydro-X 
Tour, a series of high-speed personal watercraft races. The event is 
scheduled for Saturday and Sunday, June 1-2 and June 8-9, 2013. This 
special local regulation is necessary to ensure the safety of life on 
navigable waters of the United States during the races. The special 
local regulation establishes two areas during each weekend of its 
enforcement: A race area, where all persons and vessels, except those 
participating in the races, are prohibited from entering; and A buffer 
zone around

[[Page 34571]]

the race area, where all persons and vessels, except those enforcing 
the buffer zone or authorized participants and vessels transiting to 
the race area, are prohibited from entering, unless authorized by the 
Captain of the Port Jacksonville or a designated representative.

DATES: This rule will be enforced with actual notice from 9 a.m. on 
June 1, 2013, until June 10, 2013. This rule is effective in the Code 
of Federal Regulations from June 10, 2013 until 5:30 p.m. on June 9, 
2013. This rule will be enforced from 9 a.m. until 5:30 p.m. daily on 
June 1-2 and on June 8-9, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0171]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Robert Butts, Sector Jacksonville 
Office of Waterways Management, U.S. Coast Guard; telephone (904) 564-
7563, email Robert.S.Butts@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    On April 17, 2013, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Special Local Regulations; Pro Hydro-X Tour, 
Lake Dora; Tavares, FL in the Federal Register (78 FR 22808). The Coast 
Guard received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    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. The Coast Guard did not receive 
the necessary information with regard to this event in time to provide 
both an NPRM and a delayed effective date. As such, any delay in the 
effective date for the rule would be impracticable and contrary to the 
public interest because the first race will begin on June 1, 2013. As a 
result, the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the Pro Hydro-X Tour.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.
    On Saturday and Sunday, June 1-2 and June 8-9, 2013, H2X Racing 
Promotions will host the Pro Hydro-X Tour, a series of high-speed 
personal watercraft races. The Pro Hydro-X Tour will be held on Lake 
Dora in Tavares, Florida. Approximately 75 vessels are anticipated to 
participate in the races. No spectator vessels are expected to attend 
the Pro Hydro-X Tour. The rule will establish a special local 
regulation that encompasses certain waters of Lake Dora in Tavares, 
Florida. The special local regulation will be enforced from 9 a.m. 
until 5:30 p.m. on June 1-2 and June 8-9, 2013. This special local 
regulation is necessary to ensure the safety of life on navigable 
waters of the United States during the races. The special local 
regulation will consist of the following two areas during each weekend 
that it is enforced: (1) a race area, where all persons and vessels, 
except those persons and vessels participating in the high-speed 
personal watercraft races, are prohibited from entering, transiting, 
anchoring, or remaining; and (2) a buffer zone around the race area, 
where all persons and vessels, except those persons and vessels 
enforcing the buffer zone, or authorized participants transiting to and 
from the race area, are prohibited from entering, transiting, 
anchoring, or remaining unless authorized by the Captain of the Port 
Jacksonville or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area or buffer zone by 
contacting the Captain of the Port Jacksonville by telephone at (904) 
564-7513, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the race area or buffer 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 special local regulations by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only 34 hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the race area or 
buffer zone without being an authorized participant or enforcing the 
buffer zone, or receiving authorization from the Captain of the Port 
Jacksonville or a designated representative, they may operate in the 
surrounding area during the enforcement periods; (3) nonparticipant 
persons and vessels may still enter, transit through, anchor in, or 
remain within the race area or buffer zone if authorized by the Captain 
of the Port Jacksonville or a designated representative; and (4) the 
Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the

[[Page 34572]]

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 zero comments 
from the Small Business Administration on this rule. 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 may affect the following entities, some of which may be small 
entities: the owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Lake Dora 
encompassed within the special local regulation from 9 a.m. until 5:30 
p.m. on June 1-2, 2013 and June 8-9, 2013. For the reasons discussed in 
the Regulatory Planning and Review section above, this rule will not 
have a significant economic impact on a substantial number of small 
entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

 6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

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

10. Protection of Children

    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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), 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 issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(h) and 35(b) 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.

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.  100.35T07-0171 to read as follows:


Sec.  100.35T07-0171  Special Local Regulations; Pro Hydro-X Tour, Lake 
Dora, Tavares, FL.

    (a) Regulated Areas. The following regulated areas are established 
as a

[[Page 34573]]

special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Lake Dora encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 28[deg]47'57'' N, 81[deg]43'39'' W; thence south to Point 2 in 
position 28[deg]47'55'' N, 81[deg]43'39'' W; thence east to Point 3 in 
position 28[deg]47'55'' N, 81[deg]43'22'' W; thence north to Point 4 in 
position 28[deg]47'58'' N, 81[deg]43'22'' W; thence west back to 
origin. All persons and vessels, except those persons and vessels 
participating in the high-speed personal watercraft races, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area.
    (2) Buffer Zone. All waters of Lake Dora, excluding the race area, 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 28[deg]47'59'' N, 81[deg]43'41'' W; 
thence south to Point 2 in position 28[deg]47'53'' N, 81[deg]43'41'' W; 
thence east to Point 3 in position 28[deg]47'53'' N, 81[deg]43'19'' W; 
thence north to Point 4 in position 28[deg]47'59'' N, 81[deg]43'19'' W; 
thence west back to origin. All persons and vessels except those 
persons and vessels enforcing the buffer zone, or authorized 
participants transiting to or from the race area, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
buffer zone.
    (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 Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from:
    (i) Entering, transiting through, anchoring in, or remaining within 
the race area unless participating in the race.
    (ii) Entering, transiting through, anchoring in, or remaining 
within the buffer zone, unless enforcing the buffer zone or an 
authorized race participant transiting to or from the race area.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Jacksonville by telephone at (904) 564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization 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.
    (3) The Coast Guard will provide notice of the regulated areas to 
the public by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced from 9 a.m. 
until 5:30 p.m. on June 1-2, 2013, and June 8-9, 2013.

    Dated: May 22, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-13663 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P


