Proposed Rule2022-09499
Special Local Regulation: Riviera Race Weekend, Riviera Beach, FL
Primary source
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Published
May 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) on certain navigable waters of the Atlantic Ocean off Riviera Beach, FL, in connection with the Riviera Race Weekend event. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the high speed jet ski race. Entry of vessels or persons into the regulated area is prohibited unless specifically authorized by the Captain of the Port (COTP) Miami. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
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[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Proposed Rules]
[Pages 26315-26317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09499]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0164]
RIN 1625-AA08
Special Local Regulation: Riviera Race Weekend, Riviera Beach, FL
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) on certain navigable waters of the Atlantic Ocean off
Riviera Beach, FL, in connection with the Riviera Race Weekend event.
The SLR is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with the high speed jet
ski race. Entry of vessels or persons into the regulated area is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Miami. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 3, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0164 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Benjamin Adrien, Sector Miami
Waterways Management Division, U.S. Coast Guard at 305-535-4307 or
<a href="/cdn-cgi/l/email-protection#0d4f6863676c6064632349234c697f6468634d787e6e6a23606461"><span class="__cf_email__" data-cfemail="084a6d666269656166264c26496c7a616d66487d7b6b6f26656164">[email protected]</span></a>.
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, Purpose, and Legal Basis
On February 17th, 2022, the National Watersports Asssociation
Racing organization notified the Coast Guard that it will be conducting
a high speed jet ski race from 9 a.m. to 6 p.m. on June 4, 2022. and
June 5, 2022. The race will be conducted off the beach in Riviera
Beach, FL. The race will consist of fifteen high speed personal
watercraft (jet ski) racing within a pre designated course.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 500 feet of the designated race course
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary SLR from 9 a.m.
until 6 p.m.
[[Page 26316]]
on June 4, 2022, and 5, 2022. The SLR would cover certain navigable
waters of the Atlantic Ocean off Riviera Beach, FL. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the high speed jet ski
race. The temporary SLR would prohibit all persons and vessels, except
those persons and vessels participating in the race, from entering,
transiting through, anchoring in, or remaining within the area unless
authorized by the COTP Miami or a designated representative. Persons
and vessels may request authorization to enter, transit through, anchor
in, or remain within the race area by contacting the COTP Miami by
telephone at (305) 535-4300, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the race area is granted by the COTP Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Miami or a
designated representative. The Coast Guard would provide notice of the
special local regulation by a Broadcast Notice to Mariners, and on-
scene designated representatives. The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the following
reasons: (1) The temporary special local regulation (SLR) will be
enforced for approximately 9 hours per day; a total of 18 hours; (2)
although persons and vessels will not be able to enter, transit
through, anchor in, or remain within the regulated area, without
authorization from the COTP Miami 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 regulated area during the enforcement period if
authorized by the COTP Miami or a designated representative; and (4)
the Coast Guard will provide advance notification of the temporary
(SLR) to the local maritime community through the Local Notice to
Mariners and Broadcast Notice to Mariners via VHF-FM.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
temporary SLR lasting approximately 9 hours on two separate days that
will prohibit entry of persons or vessels during the Riviera Race
[[Page 26317]]
Weekend event. Normally such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0164 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T0799-0164 to read as follows:
Sec. 100.T0799-0164 Special Local Regulation: Riviera Race Weekend;
Atlantic Ocean, Riviera Beach, FL.
(a) Location. The following regulated area is established as a
special local regulation in the Atlantic Ocean; Riviera Beach, FL.
Coordinates are based on North American Datum 1983.
(1) Regulated area. All navigable waters of the Atlantic Ocean
encompassed within the following points: Commence at Point A in
position 26[deg]46'51'' N, 080[deg]01'53'' W; thence east to Point B in
position 26[deg]46'51'' N, 080[deg]01'41'' W; thence north to Point C
in position 26[deg]47'08'' N, 080[deg]01'41'' W; thence west to Point D
in position 26[deg]47'08'' N, 080[deg]01'53'' W; thence southwest to
Point A.
(2) [Reserved]
(b) Definitions. (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 (COTP) 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 this section.
(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 vessels, spectators, and
persons are prohibited from entering, transiting, anchoring in, or
remaining within the regulated area unless authorized by the COTP or a
designated representative.
(2) Persons and vessels desiring to enter, transit, anchor in, or
remain within the regulated area may contact the COTP Miami by
telephone at (305) 535-4472 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 COTP Miami or a designated
representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16, on-scene
designated representatives, and Local Notice to Mariners.
(d) Enforcement period. This section will be enforced from 9 a.m.
until 6 p.m. each day on June 4, 2022, and June 5, 2022.
Dated: April 28, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-09499 Filed 5-3-22; 8:45 am]
BILLING CODE 9110-04-P
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