[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17087-17090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06451]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0047]
RIN 1625-AA08
Special Local Regulation; New River Raft Race, New River; Fort
Lauderdale, 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 New River in Fort Lauderdale, Florida during the Rotary Club of
Fort Lauderdale New River Raft Race, on Saturday, March 23, 2013. The
special local regulation is necessary to ensure the safety of the
participants, participant vessels, and the general public during the
event. Persons and vessels, except those participating in the event,
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.
DATES: This rule will is effective from 12 p.m. until 1:30 p.m. on
March 23, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0047. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention
[[Page 17088]]
Department, U.S. Coast Guard; telephone (305) 535-7576, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final 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 necessary event information in regards to the event
location until January 22, 2013.
Under 5 U.S.C. 553(d)(3), for the same reasons as above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Any delay in
the effective date of this rule would be impracticable and contrary to
the public interest because immediate action is needed to minimize
potential danger to the race participants, participant vessels,
spectators and the general public.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure the safety of life and property on a navigable
waterway of the United States during the Rotary Club of Fort Lauderdale
New River Raft Race.
On March 23, 2013, Fort Lauderdale Rotary Club is sponsoring the
Rotary Club of Fort Lauderdale New River Raft Race. The race will be
held on the waters of the New River in Fort Lauderdale, Florida.
Approximately 20-25 participants are expected to attend the race. No
spectator vessels are expected.
This special local regulation is necessary to ensure the safety of
the participants, participant vessels, and the general public during
the event.
C. Discussion of the Final Rule
This special local regulation encompasses certain navigable waters
of the New River in Fort Lauderdale, Florida. The special local
regulation will be effective from 12 p.m. until 1:30 p.m. on March 23,
2013. All persons and vessels, except those participating in the races,
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.
Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact 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. The Coast Guard will provide notice of the
special local regulation by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The special
local regulation will be enforced for a maximum of one and a half
hours; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
respective enforcement period if authorized by the Captain of the Port
Miami or a designated representative; (3) non-participant persons and
vessels not authorized to enter, transit through, anchor in, or remain
within the regulated area may operate in the surrounding areas during
the respective enforcement period; and (4) the Coast Guard will provide
advance notification of the special local regulation to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within any of
the regulated areas during the respective enforcement period. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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,
above.
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-
[[Page 17089]]
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 to ensure the safety of
race participants, participant vessels, spectators, and the general
public during the event. This rule is categorically excluded from
further review under paragraph 34(h) and 35(b) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, 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.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
2. Add a temporary Sec. 100.35T07-0047 to read as follows:
Sec. 100.35T07-0047 Special Local Regulation; Rotary Club of Fort
Lauderdale New River Raft Race, New River, Fort Lauderdale, FL.
(a) Regulated Area. All waters of the New River contained within
the following points: starting at Point 1 in position 26[deg]07'11'' N,
80[deg]08'52'' W; thence southeast along the shoreline to Point 2 in
position 26[deg]07'05'' N, 80[deg]08'34'' W; thence southwest across
the river to Point 3 in position 26[deg]07'04'' N, 80[deg]08'35'' W
thence northwest along the shoreline to Point 4 in position
26[deg]07'08'' N, 80[deg]08'52'' W; thence north back across the river
to origin. All coordinates are North American Datum 1983.
(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) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless participating in the event.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami via telephone at 305-535-4472, or a designated
representative via VHF radio on channel 16, to seek 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.
[[Page 17090]]
(3) The Coast Guard will provide notice of the regulated area via
Local Notice to Mariners, Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Effective Date. This rule is effective from 12:00 p.m. until
1:30 p.m. on March 23, 2013.
Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-06451 Filed 3-19-13; 8:45 am]
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