Special Local Regulation, U.S. Hydro-Drag Nationals, Lake Dora; Tavares, FL, 49229-49232 [2014-19795]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations
§ 50.4. The DECO may prescribe
alternative formats as necessary to meet
specific program needs.
*
*
*
*
*
■ 3. In § 50.20, revise the introductory
text of paragraph (a) to read as follows:
§ 50.20 Categorical exclusions subject to
the Federal laws and authorities cited in
§ 50.4.
(a) The following actions, activities,
and programs are categorically excluded
from the NEPA requirements for further
review in an Environmental Assessment
or an Environmental Impact Statement
as set forth in this part. They are not
excluded from individual compliance
requirements of other environmental
statutes, Executive orders, and HUD
standards cited in § 50.4, where
appropriate. Where the responsible
official determines that any proposed
action identified below may have an
environmental effect because of
extraordinary circumstances (40 CFR
1508.4), the requirements for further
review under NEPA shall apply (see
paragraph (b) of this section).
*
*
*
*
*
■ 4. Revise § 50.31(a) to read as follows:
§ 50.31
The EA.
(a) The Departmental Environmental
Clearance Officer (DECO) shall establish
a prescribed format used for the
environmental analysis and
documentation of projects and activities
under subpart E. The DECO may
prescribe alternative formats as
necessary to meet specific program
needs.
*
*
*
*
*
format that the responsible entity shall
use to prepare the ERR. The DECO may
prescribe alternative formats as
necessary to meet specific program
needs.
*
*
*
*
*
■ 7. In § 58.40, revise the introductory
text and paragraph (e) to read as follows:
§ 58.40 Preparing the environmental
assessment.
The DECO shall establish a prescribed
format that the responsible entity shall
use to prepare the EA. The DECO may
prescribe alternative formats as
necessary to meet specific program
needs. In preparing an EA for a
particular proposed project or other
action, the responsible entity must:
*
*
*
*
*
(e) Discuss the need for the proposal,
appropriate alternatives where the
proposal involves unresolved conflicts
concerning alternative uses of available
resources, the environmental impacts of
the proposed action and alternatives,
and a listing of agencies and persons
consulted.
*
*
*
*
*
Dated: August 5, 2014.
Clifford Taffet,
Assistant Secretary for Community Planning
and Development (Acting).
[FR Doc. 2014–19652 Filed 8–19–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 58—ENVIRONMENTAL REVIEW
PROCEDURES FOR ENTITIES
ASSUMING HUD ENVIRONMENTAL
RESPONSIBILITIES
33 CFR Part 100
5. The authority citation for part 58 is
revised to read as follows:
Special Local Regulation, U.S. HydroDrag Nationals, Lake Dora; Tavares, FL
■
Authority: 12 U.S.C. 1707 note, 1715z–
13a(k); 25 U.S.C. 4115 and 4226; 42 U.S.C.
1437x, 3535(d), 3547, 4321–4335, 4852,
5304(g), 12838, and 12905(h); title II of Pub.
L. 105–276; E.O. 11514 as amended by E.O.
11991, 3 CFR, 1977 Comp., p. 123.
6. In § 58.38, revise the introductory
text to read as follows:
■
emcdonald on DSK67QTVN1PROD with RULES
§ 58.38
Environmental review record.
The responsible entity must maintain
a written record of the environmental
review undertaken under this part for
each project. This document will be
designated the ‘‘Environmental Review
Record’’ (ERR) and shall be available for
public review. The Departmental
Environmental Clearance Officer
(DECO) shall establish a prescribed
VerDate Mar<15>2010
15:55 Aug 19, 2014
Jkt 232001
[Docket Number USCG–2014–0643]
RIN 1625–AA08
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of Lake Dora in Tavares,
Florida, during the Hydro-Drag
Nationals, a series of high-speed
personal watercraft races. The event is
scheduled for August 30 and 31, 2014.
Approximately 65 vessels are
anticipated to participate in the races.
This special local regulation is
necessary to ensure the safety of life
during the races.
DATES: This rule is effective and will be
enforced from 9:00 a.m. until 4 p.m. on
August 30 and 31, 2014.
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
49229
Documents mentioned in
this preamble are part of docket USCG–
2014–0643. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Allan Storm, Sector
Jacksonville Office of Waterways
Management, U.S. Coast Guard;
telephone (904) 564–7500, extension
7721, email Allan.H.Storm@uscg.mil. 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:
ADDRESSES:
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
temporary 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 doing
so would be impracticable. The Coast
Guard did not receive the necessary
information about the event until July 3,
2014. As a result, the Coast Guard did
not have sufficient time to publish a
NPRM and to receive public comments
prior to the event. 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,
participant vessels, spectators, and the
general public.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
E:\FR\FM\20AUR1.SGM
20AUR1
49230
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
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 safety of life on navigable waters
of the United States during the HydroDrag Nationals.
emcdonald on DSK67QTVN1PROD with RULES
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
D. Regulatory Analyses
C. Discussion of the Final Rule
On August 30 and 31, 2014, H2X
Racing Promotions will host the U.S.
Hydro-Drag Nationals, a series of highspeed personal watercraft races. The
U.S. Hydro-Drag Nationals will be held
on Lake Dora in Tavares, Florida.
Approximately 65 vessels are
anticipated to participate in the races.
No spectator vessels are expected to
attend the Hydro-Drag Tour.
The rule will establish a special local
regulation that encompasses certain
waters of Lake Dora in Tavares, Florida.
The special local regulation will be
enforced from 9 a.m. until 4 p.m. on
August 30 and 31, 2014. This special
local regulation is necessary to ensure
the safety of life on navigable waters of
the United States during the races. The
special local regulation will consist of
the following two areas: (1) A race area,
where all persons and vessels, except
those persons and vessels participating
in the high-speed personal watercraft
races, are prohibited from entering,
transiting, anchoring, or remaining; and
(2) a buffer zone around the race area,
where all persons and vessels, except
those persons and vessels enforcing the
buffer zone, or authorized participants
transiting to and from the race area, are
prohibited from entering, transiting,
anchoring, or remaining unless
authorized by the Captain of the Port
Jacksonville or a designated
representative.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the race
area or buffer zone by contacting the
Captain of the Port Jacksonville by
telephone at (904) 564–7513, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the race area or buffer zone is
granted by the Captain of the Port
Jacksonville or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Jacksonville or a
designated representative. The Coast
Guard will provide notice of the special
local regulations by Local Notice to
VerDate Mar<15>2010
15:55 Aug 19, 2014
Jkt 232001
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 only 14 hours; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the race area or buffer
zone without being an authorized
participant or enforcing the buffer zone,
or receiving authorization from the
Captain of the Port Jacksonville or a
designated representative, they may
operate in the surrounding area during
the enforcement periods; (3)
nonparticipant persons and vessels may
still enter, transit through, anchor in, or
remain within the race area or buffer
zone if authorized by the Captain of the
Port Jacksonville or a designated
representative; 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.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
This rule 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 Lake Dora encompassed
within the special local regulation from
9 a.m. until 4 p.m. on August 30 and 31,
2014. For the reasons discussed in the
Executive Order 12866 and Executive
Order 13563 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 (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 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–
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.
E:\FR\FM\20AUR1.SGM
20AUR1
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations
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.
13. Technical Standards
7. Unfunded Mandates Reform Act
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.
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. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. This rule
involves establishing a temporary
special local regulation to ensure the
safety of life during the Hydro-Drag
Nationals, which will be held over a two
day period for 8 hours each day. An
environmental analysis was performed
during the marine event permit process
for the event and a checklist and a
categorical exclusion determination are
not required for this special local
regulation.
10. Protection of Children
List of Subjects in 33 CFR Part 100
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 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
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.
emcdonald on DSK67QTVN1PROD with RULES
11. Indian Tribal Governments
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.
15:55 Aug 19, 2014
Jkt 232001
14. Environment
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, 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
1. The authority citation for part 100
continues to read as follows:
■
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.
VerDate Mar<15>2010
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0643
to read as follows:
■
§ 100.35T07–0643 Special Local
Regulations; Hydro-Drag Tour, Lake Dora;
Tavares, FL.
(a) Regulated Areas. The following
regulated areas are established as a
special local regulation. All coordinates
are North American Datum 1983.
(1) Race Area. All waters of Lake Dora
encompassed within the following
points: Starting at Point 1 in position
28°47′57″ N, 81°43′39″ W; thence south
to Point 2 in position 28°47′55″ N,
81°43′39″ W; thence east to Point 3 in
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
49231
position 28°47′55″ N, 81°43′22″ W;
thence north to Point 4 in position
28°47′58″ N, 81°43′22″ W; thence west
back to origin. All persons and vessels,
except those persons and vessels
participating in the high-speed personal
watercraft races, are prohibited from
entering, transiting through, anchoring
in, or remaining within the race area.
(2) Buffer Zone. All waters of Lake
Dora, excluding the race area,
encompassed within the following
points: Starting at Point 1 in position
28°47′59″ N, 81°43′40″ W; thence south
to Point 2 in position 28°47′53″ N,
81°43′41″ W; thence east to Point 3 in
position 28°47′53″ N, 81°43′19″ W;
thence north to Point 4 in position
28°47′59″ N, 81°43′19″ W; thence west
back to origin. All persons and vessels
except those persons and vessels
enforcing the buffer zone, or authorized
participants transiting to or from the
race area, are prohibited from entering,
transiting through, anchoring in, or
remaining within the buffer zone.
(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 Jacksonville in the
enforcement of the regulated areas.
(c) Regulations. (1) Non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the race area
and/or buffer zone unless authorized by
Captain of the Port Jacksonville or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port
Jacksonville by telephone at (904) 564–
7513, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization is granted
by the Captain of the Port Jacksonville
or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Jacksonville or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated areas to the
public by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
(d) Enforcement Period. This rule will
be enforced daily from 9 a.m. until 4
p.m. on August 30 and 31, 2014.
E:\FR\FM\20AUR1.SGM
20AUR1
49232
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations
Dated: July 29, 2014.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2014–19795 Filed 8–19–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
[NPS–WRST–15781; PPAKWRSTPO,
PPMPSAS1Z.YP0000]
RIN 1024–AE14
Special Regulations, Areas of the
National Park System, Wrangell-St.
Elias National Park and Preserve; OffRoad Vehicles
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service is
amending its special regulations for
Wrangell-St. Elias National Park and
Preserve to designate trails in the
portion of the Nabesna District located
within the National Preserve where
motor vehicles may be used off roads for
recreational purposes. The rule
prohibits the use of certain types of
vehicles based upon size and weight,
and closes certain areas in designated
wilderness within the Nabesna District
that are located outside of established
trails and trail corridors to the use of
motor vehicles for subsistence.
DATES: This rule is effective September
19, 2014.
FOR FURTHER INFORMATION CONTACT: Rick
Obernesser, Superintendent, WrangellSt. Elias National Park and Preserve,
P.O. Box 439, Copper Center, Alaska
99573. Phone (907) 822–7202. Email:
AKR_Regulations@nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
emcdonald on DSK67QTVN1PROD with RULES
Background
The approximately 13.2-million-acre
Wrangell-St. Elias National Park and
Preserve (Wrangell-St. Elias) was
established in 1980 by the Alaska
National Interest Lands Conservation
Act (ANILCA) (Pub. L. 96–487, Dec. 2
1980; 16 U.S.C. 410hh–410hh5; 3101–
3233). Wrangell-St. Elias consists of
approximately 8.3 million acres of land
designated as a National Park and
approximately 4.8 million acres of land
designated as a National Preserve.
Section 201(9) of ANILCA (16 U.S.C.
410hh(9)) directed that Wrangell-St.
Elias be managed for the following
purposes:
VerDate Mar<15>2010
15:55 Aug 19, 2014
Jkt 232001
• To maintain unimpaired the scenic
beauty and quality of high mountain
peaks, foothills, glacial systems, lakes
and streams, valleys, and coastal
landscapes in their natural state.
• To protect habitat for, and
populations of, fish and wildlife
including but not limited to caribou,
brown/grizzly bears, Dall’s sheep,
moose, wolves, trumpeter swans and
other waterfowl, and marine mammals.
• To provide continued
opportunities, including reasonable
access for mountain climbing,
mountaineering, and other wilderness
recreational activities.
That provision of ANILCA also directed
that subsistence uses by local residents
be permitted in the park, where such
uses are traditional, in accordance with
the provisions of Title VIII of ANILCA.
Section 203 of ANILCA (16 U.S.C.
410hh–2) directed the Secretary of the
Interior, acting through the National
Park Service (NPS), to administer
Wrangell-St. Elias as a new area of the
National Park System, pursuant to the
provisions of the National Park Service
Organic Act of 1916 (Organic Act) (16
U.S.C. 1 et seq.). In the Organic Act,
Congress granted the NPS broad
authority to regulate the use of areas
under its jurisdiction provided that the
associated impacts will leave the
‘‘scenery and the natural and historic
objects and the wild life [in these areas]
unimpaired for the enjoyment of future
generations.’’ Section 3 of the Organic
Act authorizes the Secretary of the
Interior, acting through NPS, to ‘‘make
and publish such rules and regulations
as he may deem necessary or proper for
the use and management of the parks.’’
Wilderness
Section 701 of ANILCA designated
approximately 9.6 million acres within
Wrangell-St. Elias as wilderness, a
portion of which is located within the
Nabesna District. Section 707 of
ANILCA provides that, ‘‘[e]xcept as
otherwise expressly provided for in this
Act . . . ,’’ wilderness designated by
ANILCA shall be administered in
accordance with the Wilderness Act.
According to the Wilderness Act (16
U.S.C. 1131–1136), these lands are to be
‘‘administered for the use and
enjoyment of the American people in
such manner as will leave them
unimpaired for future use and
enjoyment as wilderness, and so as to
provide for the protection of these areas,
[and] the preservation of their
wilderness character . . . .’’
Access for Subsistence Uses
ANILCA authorizes certain methods
of access for subsistence purposes that
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
would otherwise be prohibited under
Federal law or general NPS regulations.
Section 811(a) of ANILCA (16 U.S.C.
3121(a)) provides that ‘‘rural residents
engaged in subsistence uses shall have
reasonable access to subsistence
resources on the public lands.’’ Section
811(b) of ANILCA (16 U.S.C. 3121(b))
provides that ‘‘[n]otwithstanding any
other provision of this Act or other law,
the Secretary shall permit on the public
lands appropriate use for subsistence
purposes of snowmobiles, motorboats,
and other means of surface
transportation traditionally employed
for such purpose by local residents,
subject to reasonable regulation.’’
NPS implemented Section 811 of
ANILCA (16 U.S.C. 3121) in 36 CFR
13.460(a), which states
‘‘[n]otwithstanding any other provision
of this chapter, the use of . . . other
means of surface transportation
traditionally employed by local rural
residents engaged in subsistence uses is
permitted within park areas except at
those times and in those areas restricted
or closed by the Superintendent.’’ The
1986 General Management Plan for
Wrangell-St. Elias determined off-road
vehicles (ORVs) were a means of surface
transportation traditionally employed
by local rural residents for subsistence
purposes. Title 36, Code of Federal
Regulations, section 13.460(b)–(c)
authorizes the Superintendent to restrict
or close routes or areas to a certain use
after notice and a public hearing ‘‘if the
Superintendent determines that such
use is causing or is likely to cause an
adverse impact on public health and
safety, resource protection, protection of
historic or scientific values, subsistence
uses, conservation of endangered or
threatened species, or the purposes for
which the park was established.’’
Off-Road Vehicles
The subsistence use of motor vehicles
off roads in Wrangell-St. Elias is
governed by Section 811(b) of ANILCA
(16 U.S.C. 3121(b)) and 36 CFR 13.460.
Separate legal authorities govern other
uses of motor vehicles off roads in
Wrangell-St. Elias. Under 43 CFR
36.11(g)(1), non-subsistence use of offroad vehicles is generally prohibited,
except on routes designated by NPS in
accordance with Executive Order 11644,
or pursuant to a valid permit issued
under 43 CFR 36.11(g)(2), 43 CFR 36.10,
or 43 CFR 36.12.
Executive Order 11644, ‘‘Use of OffRoad Vehicles on the Public Lands,’’
issued in 1972 and amended in 1977 by
Executive Order 11989, required federal
agencies to issue regulations designating
specific areas and routes on public
lands where the use of ORVs may be
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Rules and Regulations]
[Pages 49229-49232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0643]
RIN 1625-AA08
Special Local Regulation, U.S. Hydro-Drag Nationals, Lake Dora;
Tavares, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Lake Dora in Tavares, Florida, during the Hydro-Drag
Nationals, a series of high-speed personal watercraft races. The event
is scheduled for August 30 and 31, 2014. Approximately 65 vessels are
anticipated to participate in the races. This special local regulation
is necessary to ensure the safety of life during the races.
DATES: This rule is effective and will be enforced from 9:00 a.m. until
4 p.m. on August 30 and 31, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0643. To view documents mentioned in this preamble as being
available in the docket, go to https://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 Allan Storm, Sector Jacksonville Office of
Waterways Management, U.S. Coast Guard; telephone (904) 564-7500,
extension 7721, email Allan.H.Storm@uscg.mil. 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. Regulatory History and Information
The Coast Guard is issuing this temporary 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 doing so would be impracticable. The
Coast Guard did not receive the necessary information about the event
until July 3, 2014. As a result, the Coast Guard did not have
sufficient time to publish a NPRM and to receive public comments prior
to the event. 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, participant
vessels, spectators, and the general public.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that
[[Page 49230]]
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
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 safety of life on navigable waters of the United
States during the Hydro-Drag Nationals.
C. Discussion of the Final Rule
On August 30 and 31, 2014, H2X Racing Promotions will host the U.S.
Hydro-Drag Nationals, a series of high-speed personal watercraft races.
The U.S. Hydro-Drag Nationals will be held on Lake Dora in Tavares,
Florida. Approximately 65 vessels are anticipated to participate in the
races. No spectator vessels are expected to attend the Hydro-Drag Tour.
The rule will establish a special local regulation that encompasses
certain waters of Lake Dora in Tavares, Florida. The special local
regulation will be enforced from 9 a.m. until 4 p.m. on August 30 and
31, 2014. This special local regulation is necessary to ensure the
safety of life on navigable waters of the United States during the
races. The special local regulation will consist of the following two
areas: (1) A race area, where all persons and vessels, except those
persons and vessels participating in the high-speed personal watercraft
races, are prohibited from entering, transiting, anchoring, or
remaining; and (2) a buffer zone around the race area, where all
persons and vessels, except those persons and vessels enforcing the
buffer zone, or authorized participants transiting to and from the race
area, are prohibited from entering, transiting, anchoring, or remaining
unless authorized by the Captain of the Port Jacksonville or a
designated representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port Jacksonville by telephone at (904)
564-7513, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice of the special local regulations 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 only 14 hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the race area or
buffer zone without being an authorized participant or enforcing the
buffer zone, or receiving authorization from the Captain of the Port
Jacksonville or a designated representative, they may operate in the
surrounding area during the enforcement periods; (3) nonparticipant
persons and vessels may still enter, transit through, anchor in, or
remain within the race area or buffer zone if authorized by the Captain
of the Port Jacksonville or a designated representative; 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 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 Lake Dora
encompassed within the special local regulation from 9 a.m. until 4
p.m. on August 30 and 31, 2014. For the reasons discussed in the
Executive Order 12866 and Executive Order 13563 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 (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
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 1-888-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.
[[Page 49231]]
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 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. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. This rule involves establishing a temporary
special local regulation to ensure the safety of life during the Hydro-
Drag Nationals, which will be held over a two day period for 8 hours
each day. An environmental analysis was performed during the marine
event permit process for the event and a checklist and a categorical
exclusion determination are not required for this special local
regulation.
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 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.
0
2. Add a temporary Sec. 100.35T07-0643 to read as follows:
Sec. 100.35T07-0643 Special Local Regulations; Hydro-Drag Tour, Lake
Dora; Tavares, FL.
(a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
(1) Race Area. All waters of Lake Dora encompassed within the
following points: Starting at Point 1 in position 28[deg]47'57'' N,
81[deg]43'39'' W; thence south to Point 2 in position 28[deg]47'55'' N,
81[deg]43'39'' W; thence east to Point 3 in position 28[deg]47'55'' N,
81[deg]43'22'' W; thence north to Point 4 in position 28[deg]47'58'' N,
81[deg]43'22'' W; thence west back to origin. All persons and vessels,
except those persons and vessels participating in the high-speed
personal watercraft races, are prohibited from entering, transiting
through, anchoring in, or remaining within the race area.
(2) Buffer Zone. All waters of Lake Dora, excluding the race area,
encompassed within the following points: Starting at Point 1 in
position 28[deg]47'59'' N, 81[deg]43'40'' W; thence south to Point 2 in
position 28[deg]47'53'' N, 81[deg]43'41'' W; thence east to Point 3 in
position 28[deg]47'53'' N, 81[deg]43'19'' W; thence north to Point 4 in
position 28[deg]47'59'' N, 81[deg]43'19'' W; thence west back to
origin. All persons and vessels except those persons and vessels
enforcing the buffer zone, or authorized participants transiting to or
from the race area, are prohibited from entering, transiting through,
anchoring in, or remaining within the buffer zone.
(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 Jacksonville in the enforcement of the regulated
areas.
(c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area and/or buffer zone unless authorized by
Captain of the Port Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at (904) 564-7513, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas to
the public by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 9
a.m. until 4 p.m. on August 30 and 31, 2014.
[[Page 49232]]
Dated: July 29, 2014.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2014-19795 Filed 8-19-14; 8:45 am]
BILLING CODE 9110-04-P
