[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11607-11610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04284]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0024]
RIN 1625-AA00
Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race,
New River; Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the New River in Fort Lauderdale, Florida during the
Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, April
18, 2015. The safety zone will encompass the waters between Esplanade
Park to just east of the Southeast 3rd Avenue Bridge. Approximately 100
participants will attend the race. The safety zone 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: Comments and related material must be received by the Coast
Guard on or before April 3, 2015.
Requests for public meetings must be received by the Coast Guard on
or before April 3, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone (305) 535-4317, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2015-0024 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
[[Page 11608]]
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-0024) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
Previously, a rule regarding this maritime event was published in
the Code of Federal Regulations at 33 CFR part 100. No final rule has
been published in regards to this event.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195 33
CFR 1.05-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. The purpose of
the rule is to provide for the safety of life on navigable waters of
the United States during the Rotary Club of Fort Lauderdale New River
Raft Race.
D. Discussion of Proposed Rule
On April 18, 2015, Fort Lauderdale Rotary Club is hosting 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 100 participants will attend the race. Minimal spectator
vessels are expected.
The proposed rule will establish a safety zone that will encompass
certain navigable waters of the New River in Fort Lauderdale, Florida
from Esplanade Park to east of the Southeast 3rd Avenue Bridge. The
safety zone will be enforced from 3 p.m. until 6 p.m. on April 18,
2015.
Non-participant persons and vessels may request authorization to
enter, transit through, anchor in, or remain within the event area by
contacting the Captain of the Port Miami by telephone at 305-535-4472,
or a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the event 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 safety zone by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed rule is not significant for the following reasons: (1)
The safety zone will be enforced for only three hours; (2) although
non-participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the event area without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event area
during the enforcement period if authorized by the Captain of the Port
Miami or a designated representative; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This rulemaking may 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 that portion of
Biscayne Bay encompassed within the safety zone from 3 p.m. until 6
p.m. on April 18, 2015. For the reasons discussed in the Regulatory
Planning and Review section above, this rulemaking will not have a
significant economic impact on a substantial number of small entities.
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 rulemaking would economically affect it.
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 proposed 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. The Coast Guard will
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not retaliate against small entities that question or complain about
this proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this rulemaking 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rulemaking
and would not create an environmental risk to health or risk to safety
that might disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
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 the
creation of a special local regulation issued in conjunction with a
regatta or marine parade. This rulemaking is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. Preliminary environmental analysis checklists
supporting this 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
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0024 to read as follows: Sec.
165.T07-0024 Safety Zone; Rotary Club of Fort Lauderdale New River Raft
Race, New River, Fort Lauderdale, FL.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the New River between Esplanade Park east to just east of
the Southeast 3rd Avenue Bridge, contained within the following points:
starting at Point 1 in position 26[deg]07'10'' N, 80[deg]08'52'' W;
thence southeast to Point 2 in position 26[deg]07'05'' N,
80[deg]08'34'' W; thence southwest to Point 3 in position
26[deg]07'04'' N, 80[deg]08'35'' W thence northwest to Point 4 in
position 26[deg]07'08'' N, 80[deg]08'52'' W; thence north back 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) Non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by Captain of the Port Miami or a
designated representative. Non-participant persons and vessels may
request authorization to enter, transit through, anchor in, or remain
within the regulated area by contacting the Captain of the Port Miami
by telephone at 305-535-4472, or a designated representative via VHF
radio on channel 16. If authorization is granted by the Captain of the
Port Miami or a designated representative, all persons and vessels
receiving such authorization must comply with the
[[Page 11610]]
instructions of the Captain of the Port Miami or a designated
representative.
(2) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Effective Date. This rule will be enforced from 3 p.m. until 6
p.m. on April 18, 2015.
Dated: February 20, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-04284 Filed 3-3-15; 8:45 a.m.]
BILLING CODE 9110-04-P