[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50575-50577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23708]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0552]
RIN 1625-AA08


Special Local Regulation; Atlantic Ocean, Ft. Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a recurring special local 
regulation for navigable waters of the Atlantic Ocean in the vicinity 
of Fort Lauderdale, FL for the Fort Lauderdale Grand Prix of the Seas. 
The Fort Lauderdale Grand Prix of the Seas race course is located east 
of South Beach Park and North of the Port Everglades inlet. 
Approximately 100 high-speed personal watercraft will be participating 
in the event. The special local regulation is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
during the race event. All vessels and persons in the regulated area 
must follow the direction of Coast Guard personnel, law enforcement, 
and race officials.

DATES: This rule is effective November 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0552 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 J. Brown, Sector Miami Waterways 
Management Division, U.S. Coast Guard; telephone (305) 535-4317, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On June 7, 2017, the company Powerboat P1-USA, LLC notified the 
Coast Guard that it will be conducting the Ft. Lauderdale Grand Prix of 
the Seas race annually. This event will occur yearly on one weekend 
(Friday, Saturday, and Sunday) in November. The race course will be 
located directly east of South Beach Park in Ft. Lauderdale, FL. The 
special local regulation is intended to protect personnel, vessels, and 
the marine environment. On September 6, 2017, the Coast Guard published 
a notice of proposed rulemaking (NPRM) entitled, ``Special Local 
Regulation; Atlantic Ocean, Ft. Lauderdale, FL'' (82 FR 42050). Therein 
we stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this race During the comment period that 
ended October 6, 2017, we received five comments.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with this event 
which will take place this year on November 17, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Miami (COTP) has determined that that 
potential hazards associated with the high speeds of the participants 
during the races would be a safety concern for anyone who would enter 
the race area. The purpose of this rulemaking is to ensure the safety 
of vessels and the navigable waters within the established race area, 
marked with buoys.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received five comments on our NPRM published 
September 6, 2017. All comments were in favor of this regulation. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the NPRM.
    This rule establishes a special local regulation for this event 
occuring annually on one weekend (Friday, Saturday, and Sunday) in 
November, with the precise date of the event each year to be published 
in a notice of enforcement in the Federal Register. The special local 
regulation covers all

[[Page 50576]]

navigable waters within the established race area, marked with buoys, 
approximately one mile north of the Port Everglades inlet. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in the navigable waters during the Fort Lauderdale Grand 
Prix of the Seas race event. Only those vessels participating in the 
event may enter, transit through, anchor in, or remain within the 
regulated area, and all vessels and persons in the regulated area must 
follow the direction of Coast Guard personnel, law enforcement, and 
race officials.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and time-of-year of the special local regulation. Vessel 
traffic will be able to safely transit around this regulated area, 
which will impact a small designated area of the Atlantic Ocean in Fort 
Lauderdale, FL, directly adjacent to the shore, for three days.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
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 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 lasting three days that will 
impact a small area in the vicinity of the Port Everglades Inlet. It is 
categorically excluded from further review under paragraph 34(h) of 
Figure 201 of the Commandant Instructions. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

[[Page 50577]]

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.  100.723 to read as follows:


Sec.  100.723  Special Local Regulation; Fort Lauderdale Grand Prix of 
the Seas; Fort Lauderdale, FL.

    (a) Location. The following regulated area is established as a 
special local regulation. All navigable waters contained within an 
imaginary line connecting the following points: beginning at Point 1 in 
position 26[deg]6'21'' N., 080[deg]5'51'' W.; thence west to Point 2 in 
position 26[deg]6'21'' N., 080[deg]6'13'' W.; thence north to Point 3 
in position 26[deg]6'57'' N., 080[deg]6'13'' W.; thence east to Point 4 
in position 26[deg]6'57'' N., 080[deg]5'52'' W., thence back to origin 
at point 1. All coordinates are North American Datum 1983.
    (b) Definition. The following definitions apply to this section:
    (1) 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 areas.
    (2) The term ``Patrol Commander'' means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
respective Coast Guard Sector Commander to enforce these regulations.
    (3) The term ``spectators'' means all persons and vessels not 
registered with the event sponsor as participants or official patrol 
vessels.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port Miami or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated area may contact the Captain of the Port Miami by telephone 
at (305) 535-8701, 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 Captain of the Port Miami or a designated 
representative.
    (3) The Coast Guard will use all appropriate means to notify the 
public in advance of an event of the enforcement of the regulations in 
this section to include publishing a Notice of Enforcement in the 
Federal Register and through the local Notice to Mariners and Broadcast 
Notice to Mariners.
    (d) Enforcement date. This section will be enforced annually on a 
weekend (Friday, Saturday and Sunday) in the month of November.

    Dated: October 23, 2017.
J.H.D. Solomon,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-23708 Filed 10-31-17; 8:45 am]
 BILLING CODE 9110-04-P


