
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22414-22417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09883]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0167]
RIN 1625-AA08


Special Local Regulation, Stuart, 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 Indian River located northeast of Ernest F. Lyons Bridge and south 
of Joes Cove, in Stuart, Florida during the Stuart Sailfish Regatta, a 
series of high-speed boat races. This special local regulation is 
necessary for the safety of race participants, participant vessels, 
spectators, and the general public during the event. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the regulated area while high-speed boats are 
operating.

DATES: This rule will be effective from 9 a.m. on May 19 through 6 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-
2017-0167 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 on this rule, 
call or email Petty Officer Mara Brown, Sector Miami Waterways 
Management Division, U.S. Coast Guard; telephone 305-535-4317, email 
Mara.J.Brown@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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

[[Page 22415]]

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 a NPRM and to receive public 
comments, as the Stuart Sailfish Regatta event will occur before the 
rulemaking process would be completed. For those reasons, it would be 
impracticable to publish a NPRM.
    Under 5 U.S.C. 553(d)(3), for the reasons cited above, the Coast 
Guard finds that good cause exists for making this 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. 1233. The Captain of the Port Miami (COTP) has determined that 
potential hazards associated with the regatta will pose a risk to 
anyone in the established race and buffer zone. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the regulated area while high-speed boats are operating.

IV. Discussion of the Rule

    From May 19 through May 21, 2017, Stuart Sailfish Regatta, Inc. is 
hosting the Stuart Sailfish Regatta, a series of high-speed boat races. 
The races will be held on the Indian River located northeast of Ernest 
F. Lyons Bridge and south of Joes Cove, in Stuart, Florida. 
Approximately 150 high-speed power boats are participating in the 
event. It is anticipated that at least 100 spectator vessels will be 
present during the event.
    This rule establishes a special local regulation that encompasses 
certain navigable waters of the Indian River located northeast of 
Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, Florida. The 
special local regulation consists of the following four areas: (1) A 
race area, where all persons and vessels, except those participating in 
the high-speed boat races, are prohibited from entering, transiting 
through, anchoring in, or remaining within; (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 or vessels 
transiting to the race area, are prohibited from entering, transiting 
through, anchoring in, or remaining within; (3) spectator area one, 
north of the race area where all persons are prohibited from entering 
the water or swimming in the designated area; and (4) spectator area 
two, west of the race area, where all persons are prohibited from 
entering the water or swimming in the designated area.
    Persons and vessels may request authorization to enter the 
regulated area by contacting the Captain of the Port Miami by telephone 
at 305-535-4472, or a designated representative via VHF radio on 
channel 16, to request authorization. If authorization to enter, 
transit through, anchor in, or remain within the regulated area is 
granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    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. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
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 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the special local regulation. 
Non-participant persons and vessels may enter, transit through, anchor 
in, or remain within the regulated area during their respective 
enforcement periods if authorized by the Captain of the Port Miami or a 
designated representative. Non-participant persons and vessels not able 
to enter, transit through, anchor in, or remain within the regulated 
areas without authorization from the Captain of the Port Miami or a 
designated representative may operate in the surrounding areas during 
the respective enforcement periods. The Coast Guard will provide 
advance notification of the special local regulation to the local 
maritime community by Local Notice to Mariners, Broadcast Notice to 
Mariners and on-scene designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 19, 5 U.S.C. 601-612, as amended, 
requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's

[[Page 22416]]

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 above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation issued in conjunction with a 
regatta or marine parade. This rule is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Harbors, 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.  100.35T07-0167 to read as follows:


Sec.  100.35T07-0167  Special Local Regulation; Stuart Sailfish 
Regatta, Indian River, Stuart, FL.

    (a) Location. The following regulated areas are established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: Starting at Point 1 in position 27[deg]12'47'' 
N., 080[deg]11'10'' W.; thence south to Point 2 in position 
27[deg]12'42'' N., 080[deg]11'08'' W.; thence southwest to Point 3 in 
position 27[deg]12'37'' N., 080[deg]11'12'' W.; thence southwest to 
Point 4 in position 27[deg]12'34'' N., 080[deg]11'18'' W.; thence 
southwest to Point 5 in position 27[deg]12'32'' N., 080[deg]11'23'' W.; 
thence west to Point 6 in position 27[deg]12'32'' N., 080[deg]11'27'' 
W.; thence northwest to Point 7 in position 27[deg]12'34'' N., 
080[deg]11'31'' W.; thence northwest to Point 8 in position 
27[deg]12'39'' N., 080[deg]11'33'' W.; thence northeast to Point 9 in 
position 27[deg]12'43'' N., 080[deg]11'31'' W.; thence northeast to 
Point 10 in position 27[deg]12'47'' N., 080[deg]11'26'' W.; thence 
northeast to Point 11 in position 27[deg]12'49'' N., 080[deg]11'21'' 
W.; thence east to Point 12 in position 27[deg]12'50'' N., 
080[deg]11'16'' W.; thence southeast back to origin. All persons and 
vessels, except those persons and vessels participating in the high-
speed boat races, are prohibited from entering, transiting through, 
anchoring in, or remaining within the race area.
    (2) Buffer zone. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: Starting at Point 1 in position 27[deg]12'41'' 
N., 080[deg]11'39'' W.; thence northeast to Point 2 in position 
27[deg]12'54'' N., 080[deg]11'22'' W.; thence northwest to Point 3 in 
position 27[deg]12'55'' N., 080[deg]11'23'' W.; thence northeast to 
Point 4 in position 27[deg]13'05'' N., 080[deg]11'01'' W.; thence 
southwest to Point 5 in position 27[deg]12'47'' N., 080[deg]11'04'' W.; 
thence southeast to Point 6 in position 27[deg]12'35'' N., 
080[deg]11'00'' W.; thence southwest to Point 7 in position 
27[deg]12'22'' N., 080[deg]11'28'' W.; thence northwest back to origin. 
All persons and vessels, except those persons and vessels enforcing the 
buffer zone or authorized participants or vessels transiting to the 
race area, are prohibited from entering, transiting through, anchoring 
in, or remaining within the buffer zone.
    (3) Spectator area one. All waters of Indian River located 
northeast of Ernest Lyons Bridge and south of Joes Cove that are 
encompassed within the following points: Starting at Point 1 in 
position 27[deg]12'48'' N., 080[deg]11'42'' W.; thence northeast to 
Point 2 in position 27[deg]12'59'' N., 080[deg]11'26'' W.; thence 
southeast to Point 3 in position 27[deg]12'54'' N., 080[deg]11'22'' W.; 
thence southwest to Point 4 in position 27[deg]12'43'' N., 
080[deg]11'38'' W.; thence northwest back to origin. All persons are 
prohibited from entering the water or swimming in the spectator area.
    (4) Spectator area two. All waters of Indian River located north of 
Ernest Lyons Bridge and west of the Intracoastal Waterway encompassed 
within the following points: Starting at Point 1 in position 
27[deg]12'54'' N., 080[deg]11'56'' W.; thence northeast to Point 2 in 
position 27[deg]12'56'' N., 080[deg]11'51'' W.; thence southeast to 
Point 3 in position 27[deg]12'25'' N., 080[deg]11'33'' W.; thence 
southwest to Point 4 in position 27[deg]12'23'' N., 080[deg]11'37'' W.; 
thence

[[Page 22417]]

northwest back to origin. All persons are prohibited from entering the 
water or swimming in the spectator area.
    (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 Miami in the enforcement of the regulated area.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering the race area and buffer zone. Non-participant 
persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port Miami by telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners and/or on-scene 
designated representatives.
    (d) Enforcement period. This rule will be daily from 9 a.m. to 6 
p.m. on May 19 through May 21, 2017.

    Dated: May 3, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-09883 Filed 5-15-17; 8:45 am]
BILLING CODE 9110-04-P


