[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Rules and Regulations]
[Pages 11844-11846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03462]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0108]
RIN 1625-AA08


Special Local Regulation, Salinas Power Boat Race; Bahia De 
Rincon, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of Bahia De Rincon, Puerto Rico during the Salinas Power 
Boat Race. Approximatly 50 high speed boats and personal water crafts 
are expected to participate in the race. The special local regulation 
is necessary to ensure the safety to race participants, participant 
vessels, and the general pubic during the event. The special local 
regulation establishes a race area, where all persons and vessels, 
except those participating in the race, will be prohibited from 
entering, transiting through, anchoring in, or remaining within unless 
authorized by the Captain of the Port San Juan or a designated 
representatives.

DATES: This rule is effective daily from 6 a.m. until 6 p.m. on Febuary 
29, 2020 and March 1, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0108 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 LCDR Pedro L. Mendoza, Waterways Management division, 
U.S. Coast Guard; telephone 787-691-7058, email 
Pedro.L.Mendoza@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 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 it is impracticable. The Coast Guard 
did not receive the necessary information to publish notice for this 
event until January 28, 2020, which is 32 days before the event is 
scheduled to occur. Any delay in the effective date of this rule would 
be contrary to the public interest because immediate action is needed 
to minimize potential danger to the race participants, participating 
vessels, spectators and the general public. It is impracticable to 
publish an NPRM because we must establish this special local regulation 
by Febuary 28, 2020.
    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 for the same reasons listed above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Juan 
(COTP) has determined that potential hazards associated with the event 
will be a safety concern for anyone in the area. This rule is needed to 
ensure safety of life on navigable waters of the United States during 
the event.

IV. Discussion of the Rule

    This rule extablishes a special local regulation daily from 6 a.m. 
until 6 p.m. on Febuary 29, 2020 and March 1, 2020. The municipality of 
Salinas and the Caribbean Power Boat Association is sponsoring the 
Salinas Power Boat Championship--a high speed power boat and personal 
water craft (PWC) race in the waters near Salinas, Puerto Rico. 
Approximately 50 high speed boats and PWC's are expected to participate 
in the races.
    The special local regulation encompasses certain waters of the 
Municipality of Salinas, Puerto Rico in Bahia de Rincon, and will 
consist of one large area in which there will be: One race area for 
high-speed power boats, once race area for PWC's and a buffer area. All 
persons and vessels, except those persons and vessels participating in 
the race or enforcing the special local regulation, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
area. Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area by contacting the 
Captain of the Port San Juan by telephone at 787-289-2041, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port San Juan 
or a designated representative. The Coast Guard will provide notice of 
the regulated area by Broadcast Notice to Mariners, and 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

    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

[[Page 11845]]

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: (1) The special 
local regulation will be enforced for twelve hours daily over a two day 
period; (2) although persons and vessels will not be able to enter, 
transit through anchor in, or remain within the race area, without 
authorization from the Captain of the Port San Juan or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the race area, during the 
enforcement period. If authorized by the Captain of the Port San Juan 
or a designated representative; and (4) the Coast Guard will provide 
advance notification of the special local regulation to the local 
maritime community by Broadcast Notice to Mariners.

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 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 
special local regulation 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 
call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
creation of a special local regulation in conjunction with a regatta or 
marine parade to ensure the safety of race participants, participant 
vessels and the general public during the event. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

0
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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T07-0108 to read as follows:


Sec.  100.T07-0108  Special Local Regulation; Salinas Power Boat Race; 
Salinas, PR.

    (a) Regulated Area. The following regulated area is established as 
a special local regulation. All coordinates are North American Datum 
1983.
    (1) Power Boat Race Area. All waters of Bahia de Rincon Bay 
encompassed within the following points: Starting at Point 1 in 
position 17[deg]58'32.6562'' N, 66[deg]19'22.6986'' W; thence south to 
Point 2 in position 17[deg]58'25.7478'' N, 66[deg]19'09.7242'' W; 
thence east to Point 3 in position 17[deg]15'21.8190'' N,

[[Page 11846]]

66[deg]18'35.7336'' W; thence north-east to point 4 in position 
17[deg]57'21.5238'' N, 66[deg]19'42.6138'' W; thence west-northwest 
back to origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard cowswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, State, and local officers designated by or assisting the 
Captain of the Port San Juan in the enforcement of the regulated area.
    (c) Regulations. (1) Except for those persons and vessels 
participating in the race or enforcing the special local regulation, 
all persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within a 200-yard radius of the 
power boat race area. Persons and vessels may request authorization to 
enter, transit through, anchor in, remain within the regulated area by 
contacting the Captain of the Port San Juan by telephone at (787) 289-
2041, or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port San Juan or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port San Juan or a designated representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced daily from 6 
a.m. until 6 p.m. on Feburary 29, 2020 and March 1, 2020, unless sooner 
terminated by the Captain of the Port San Juan.

    Dated: February 14, 2020.
G.H. Magee,
CAPT, U.S. Coast Guard, Alterante Captain of the Port.
[FR Doc. 2020-03462 Filed 2-27-20; 8:45 am]
 BILLING CODE 9110-04-P


