[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]
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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.
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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
[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
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