Special Local Regulations; Line of Sail Marine Parade, East River and Brunswick River, Brunswick, GA, 62298-62301 [2011-26115]
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Rules and Regulations
amended. Subpart C also issued under 5
U.S.C. 552a, as amended.
2. Appendix E to Subpart C of part 1
is revised to read as follows:
■
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Appendix E to Subpart C of Part 1—
Alcohol and Tobacco Tax and Trade
Bureau
1. In general. This appendix applies to the
Alcohol and Tobacco Tax and Trade Bureau.
It sets forth specific notification and access
procedures with respect to particular systems
of records, identifies the officers designated
to make the initial determinations with
respect to notification and access to records
and accountings of disclosures of records.
This appendix also sets forth the specific
procedures for requesting amendment of
records and identifies the officers designated
to make the initial and appellate
determinations with respect to requests for
amendment of records. It identifies the
officers designated to grant extensions of
time on appeal, the officers with whom
‘‘Statements of Disagreement’’ may be filed,
the officer designated to receive service of
process and the addresses for delivery of
requests, appeals, and service of process. In
addition, it references the notice of systems
of records and notices of the routine uses of
the information in the system required by 5
U.S.C. 552a(3), (4) and (11) and published
annually by the Office of the Federal Register
in ‘‘Privacy Act Issuances’’.
2. Requests for notification and access to
records and accountings of disclosures.
Initial determination under 31 CFR 1.26,
whether to grant requests for notification and
access to records and accountings of
disclosures for the Alcohol and Tobacco Tax
and Trade Bureau, will be made by the
Director, Regulations and Rulings Division,
or the delegate of such officer. Requests may
be mailed or delivered in person to:
Privacy Act Request, Director, Regulations
and Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street, NW.,
Box 12, Washington, DC 20005. Requests
may also be faxed to 202–453–2331.
3. Requests for amendment of record.
Initial determinations under 31 CFR 1.27 (a)
through (d) with respect to requests to amend
records maintained by the Alcohol and
Tobacco Tax and Trade Bureau will be made
by the Director, Regulations and Rulings
Division. Requests for amendment of records
may be mailed or delivered in person to:
Privacy Act Request, Director, Regulations
and Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW.,
Box 12, Washington, DC 20005. Requests
may also be faxed to 202–453–2331. The
Bureau will process a faxed request when the
request meets the identity verification
requirements outlined in paragraph 4(a) of
this Appendix.
4. Verification of identity. (a) In addition to
the requirements specified in 31 CFR 1.26(d)
of this appendix, each request for
notification, access or amendment of records
made by mail or fax shall contain the
requesting individual’s date and place of
birth and a statement signed by the requester
asserting his or her identity and stipulating
that the requester understands that
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knowingly or willfully seeking or obtaining
access to records about another person under
false pretenses is a misdemeanor and
punishable by a fine of up to $5,000
provided, that the Alcohol and Tobacco Tax
and Trade Bureau may require a signed
notarized statement verifying the identity of
the requester.
(b) Individuals making requests in person
will be required to exhibit at least two
acceptable identifying documents such as
employee identification cards, driver’s
license, medical cards, or other documents
sufficient to verify the identity of the
requester.
(c) The parent or guardian of a minor or a
person judicially determined to be
incompetent, shall in addition to establishing
the identity of the minor or other person he
represents as required in (a) and (b), establish
his own parentage or guardianship by
furnishing a copy of a birth certificate
showing parentage (or other satisfactory
documentation) or a court order establishing
the guardianship.
5. Request for physical inspection of
records. Upon determining that a request for
the physical inspection of records is to be
granted, the requester shall be notified in
writing of the determination, and when and
where the records may be inspected. The
inspection of records will be made at the
Alcohol and Tobacco Tax and Trade Bureau
Field Office or other facility located nearest
to the residence of the individual making the
request. Such inspection shall be conducted
during the regular business hours of the field
office or other facility where the disclosure
is made. A person of the requester’s own
choosing may accompany the requester
provided the requester furnishes a written
statement authorizing the disclosure of the
requester’s record in the accompanying
person’s presence. The record inspection will
be made in the presence of a representative
of the Bureau. Following the inspection of
the record, the individual will acknowledge
in writing the fact that he or she had an
opportunity to inspect the requested record.
6. Requests for copies of records without
prior physical inspection. Upon determining
that an individual’s request for copies of his
or her records without prior physical
inspection is to be granted, the requester
shall be notified in writing of the
determination, and the location and time for
his or her receipt of the requested copies. The
copies will be made available at the Alcohol
and Tobacco Tax and Trade Bureau field
office or other facility located nearest to the
residence of the individual making the
request, unless the individual requests that
the documents be sent by mail. Copies shall
be received by the requester during the
regular business hours of the field office or
other facility where the disclosure is made.
Transfer of the copies to the individual shall
be conditioned upon payment of copying
costs and his presentation of at least two
acceptable identifying documents such as
employee identification cards, driver’s
license, medical cards, or other documents
sufficient to verify the identity of the
requester. Following the receipt of the copies
in person, the individual will acknowledge
receipt in writing.
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7. Administrative appeal of initial
determination refusing to amend record.
Appellate determinations under 31 CFR
1.27(e) with respect to records of the Alcohol
and Tobacco Tax and Trade Bureau,
including extensions of time on appeal, will
be made by the Administrator or the delegate
of such officer. Appeals should be addressed
to, or delivered in person to:
Privacy Act Amendment Appeal,
Administrator, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW., Box 12,
Washington, DC 20005.
8. Statements of disagreement. ‘‘Statements
of Disagreement’’ as described in 31 CFR
1.27(e)(4) shall be filed with the official
signing the notification within 35 days of the
date of such notification and should be
limited to one page.
9. Service of process. Service of process
will be received by the Administrator of the
Alcohol and Tobacco Tax and Trade Bureau
or the delegate of such official and shall be
delivered to the following location:
Administrator, Alcohol and Tobacco Tax
and Trade Bureau, 1310 G Street, NW., Box
12, Washington, DC 20005, Attention: Chief
Counsel.
10. Annual notice of systems of records.
The annual notice of systems of records is
published by the Office of the Federal
Register, as specified in 5 U.S.C. 552a(f). The
publication is entitled ‘‘Privacy Act
Issuances’’. Any specific requirements for
access, including identification requirements,
in addition to the requirements set forth in
31 CFR 1.26 and 1.27 are indicated in the
notice for each pertinent system.
Signed: September 12, 2011.
Veronica Marco,
Acting Deputy Assistant Secretary for Privacy,
Transparency, and Records.
[FR Doc. 2011–25922 Filed 10–6–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0830]
RIN 1625–AA08
Special Local Regulations; Line of Sail
Marine Parade, East River and
Brunswick River, Brunswick, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the East River and the
Brunswick River in Brunswick, Georgia
during the Line of Sail Marine Parade
on Saturday, October 8, 2011. The
marine parade will consist of
approximately 10 to 20 vessels. The
marine parade will begin at Brunswick
SUMMARY:
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Landing Marina. From Brunswick
Landing Marina, the marine parade will
transit southeast on the East River, head
east on the Brunswick River, and then
turn around at St. Simons Pier. The
marine parade will then return to
Brunswick Landing Marina by the same
route. These special local regulations
are necessary to provide for the safety of
life on navigable waters during the
marine parade. The special local
regulations consist of a series of moving
buffer zones around participant vessels
as they transit from Brunswick Landing
Marina to St. Simons Pier and back.
Persons and vessels that are not
participating in the marine parade are
prohibited from entering, transiting
through, anchoring in, or remaining
within any of the buffer zones unless
authorized by the Captain of the Port
Savannah or a designated
representative.
DATES: This rule is effective from 11
a.m. until 3 p.m. on October 8, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0830 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0830 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or e-mail Marine Science
Technician Third Class Rolando Nodal,
Marine Safety Unit Savannah, Coast
Guard; telephone 912–652–4353, e-mail
Rolando.A.Nodal2@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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
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notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast
Guard did not receive notice of the Line
of Sail Marine Parade with sufficient
time to publish an NPRM or 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 spectators and spectator vessels
are anticipating the event taking place
on the scheduled time. The special local
regulations are needed to minimize risk
to and provide separation between
marine parade participants, participant
vessels, spectators, and the public.
For the same reason discussed above,
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.
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 insure
safety of life on the navigable waters
during the Line of Sail Marine Parade.
Discussion of Rule
On October 8, 2011, the Line of Sail
Marine Parade will be held on the East
River and the Brunswick River in
Brunswick, Georgia. The marine parade
will consist of approximately 10 to 20
vessels. The marine parade will begin at
Brunswick Landing Marina, transit
southeast on the East River, head east on
the Brunswick River, and then turn
around at St. Simons Pier. The marine
parade will then return to Brunswick
Landing Marina by the same route.
The special local regulations consist
of a series of buffer zones around vessels
participating in the Line of Sail Marine
Parade. These buffer zones are as
follows: (1) All waters within 500 yards
of the lead marine parade vessel; (2) all
waters within 100 yards of the last
marine parade vessel; and (3) all waters
within 50 yards of all marine parade
vessels. Notice of the special local
regulations, including the identities of
the lead marine parade vessel and the
last marine parade vessel, will be
provided prior to the event by Local
Notice to Mariners and Broadcast Notice
to Mariners. These special local
regulations will be enforced from 11
a.m. until 3 p.m. on October 8, 2011.
Persons and vessels are prohibited from
entering, transiting through, anchoring,
or remaining within the buffer zones
unless authorized by the Captain of the
Port Savannah or a designated
representative. Persons and vessels
desiring to enter, transit through, anchor
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in, or remain within any of the buffer
zones may contact the Captain of the
Port Savannah by telephone at 912–
652–4353, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within any of the
buffer zones is granted by the Captain of
the Port Savannah or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Savannah or a
designated representative.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Executive Order 12866 and Executive
Order 13563
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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulations will be
enforced for only four hours; (2)
although persons and vessel will not be
able to enter, transit through, anchor in,
or remain within any of the buffer zones
without authorization from the Captain
of the Port Savannah 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 buffer
zones if authorized by the Captain of the
Port Savannah or a designated
representative; and (4) the Coast Guard
will provide advance notification of the
special local regulations to the local
maritime community by Local Notice to
Mariners and Broadcast Notice to
Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
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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 the East River and the
Brunswick River encompassed within
the special local regulations from 11
a.m. until 3 p.m. on October 8, 2011. 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.
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 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.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves special local regulations issued
in conjunction with a marine parade.
Under figure 2–1, paragraph (34)(h), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0830 to
read as follows:
■
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§ 100.T07–0830 Special Local Regulations;
Line of Sail Marine Parade, East River and
Brunswick River, Brunswick, GA.
(a) Regulated Area. (1) The following
buffer zones are regulated areas during
the Line of Sail Marine Parade:
(i) All waters within 500 yards of the
lead marine parade vessel;
(ii) All waters within 100 yards of the
last marine parade vessel; and
(iii) All waters within 50 yards of all
marine parade vessels.
(2) The identities of the lead marine
parade vessel and the last marine parade
vessel will be provided prior to the
marine parade by Local Notice to
Mariners and Broadcast Notice to
Mariners. The marine parade will begin
at Brunswick Landing Marina. From
Brunswick Landing Marina, the marine
parade will transit southeast on the East
River, head east on the Brunswick River,
and then turn around at St. Simons Pier.
The marine parade will then return to
Brunswick Landing Marina by the same
route.
(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 Savannah in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated areas
unless authorized by the Captain of the
Port Savannah 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
Savannah by telephone at 912–652–
4353, 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 areas is granted by
the Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(c) Effective date. This rule is effective
from 11 a.m. until 3 p.m. on October 8,
2011.
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Dated: September 15, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
[FR Doc. 2011–26115 Filed 10–5–11; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0589]
RIN 1625–AA00
Safety Zone; Rotary Club of Fort
Lauderdale New River Raft Race, New
River, Fort Lauderdale, FL
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
the waters of the New River, from
Esplanade Park to the Henry Kinney
Tunnel, in Fort Lauderdale, Florida
during the Rotary Club of Fort
Lauderdale New River Raft Race. The
race is scheduled to take place on
Saturday, November 19, 2011. The
temporary safety zone is necessary for
the safety of race participants,
participant vessels, spectators, and the
general public during the 550 yard raft
race. Persons and vessels would be
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Miami or a
designated representative.
DATES: This rule is effective from 11:59
a.m. until 2:30 p.m. on November 19,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0589 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0589 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant Jennifer
S. Makowski, Sector Miami Prevention
Department, Coast Guard; telephone
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62301
305–535–8724, e-mail
Jennifer.S.Makowski@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 22, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Rotary Club of Fort
Lauderdale New River Raft Race, New
River, Fort Lauderdale, FL in the
Federal Register (76 FR 24840). We
received one comment on the proposed
rule which promoted the establishment
of this regulation. No public meeting
was requested, and none was held.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and 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, 6.04–1, 6.04–6,
160.5; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
The purpose of this rule is to protect
race participants, participant vessels,
spectators, and the general public
during the Rotary Club of Fort
Lauderdale New River Raft Race.
Discussion of Comments and Changes
There was one supportive comment in
regards to the NPRM. No changes have
been made to the regulatory text of this
rule.
Discussion of Rule
On November 19, 2011, the Rotary
Club of Fort Lauderdale New River Raft
Race will be held on the New River in
Fort Lauderdale, Florida. This event
consists of a 550 yard raft race on the
New River starting at Esplanade Park
and finishing at the Henry Kinney
Tunnel. Approximately 100 participants
are scheduled to compete in the race.
The temporary safety zone
encompasses the race area of the Rotary
Club of Fort Lauderdale New River Raft
Race on the New River, in Fort
Lauderdale, Florida. The temporary
safety zone is effective from 11:59 a.m.
until 2:30 p.m. on November 19, 2011.
Persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the safety zone
unless authorized by the Captain of the
Port Miami or a designated
representative. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
safety zone by contacting the Captain of
the Port Miami via telephone at 305–
E:\FR\FM\07OCR1.SGM
07OCR1
]]>Agencies
[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Rules and Regulations]
[Pages 62298-62301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26115]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0830]
RIN 1625-AA08
Special Local Regulations; Line of Sail Marine Parade, East River
and Brunswick River, Brunswick, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the East River and the Brunswick River in Brunswick,
Georgia during the Line of Sail Marine Parade on Saturday, October 8,
2011. The marine parade will consist of approximately 10 to 20 vessels.
The marine parade will begin at Brunswick
[[Page 62299]]
Landing Marina. From Brunswick Landing Marina, the marine parade will
transit southeast on the East River, head east on the Brunswick River,
and then turn around at St. Simons Pier. The marine parade will then
return to Brunswick Landing Marina by the same route. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the marine parade. The special local
regulations consist of a series of moving buffer zones around
participant vessels as they transit from Brunswick Landing Marina to
St. Simons Pier and back. Persons and vessels that are not
participating in the marine parade are prohibited from entering,
transiting through, anchoring in, or remaining within any of the buffer
zones unless authorized by the Captain of the Port Savannah or a
designated representative.
DATES: This rule is effective from 11 a.m. until 3 p.m. on October 8,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0830 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0830 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Marine Science Technician Third
Class Rolando Nodal, Marine Safety Unit Savannah, Coast Guard;
telephone 912-652-4353, e-mail Rolando.A.Nodal2@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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. The Coast Guard did not receive notice of
the Line of Sail Marine Parade with sufficient time to publish an NPRM
or 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 spectators and spectator vessels are anticipating the event
taking place on the scheduled time. The special local regulations are
needed to minimize risk to and provide separation between marine parade
participants, participant vessels, spectators, and the public.
For the same reason discussed above, 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.
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 insure safety of life on the
navigable waters during the Line of Sail Marine Parade.
Discussion of Rule
On October 8, 2011, the Line of Sail Marine Parade will be held on
the East River and the Brunswick River in Brunswick, Georgia. The
marine parade will consist of approximately 10 to 20 vessels. The
marine parade will begin at Brunswick Landing Marina, transit southeast
on the East River, head east on the Brunswick River, and then turn
around at St. Simons Pier. The marine parade will then return to
Brunswick Landing Marina by the same route.
The special local regulations consist of a series of buffer zones
around vessels participating in the Line of Sail Marine Parade. These
buffer zones are as follows: (1) All waters within 500 yards of the
lead marine parade vessel; (2) all waters within 100 yards of the last
marine parade vessel; and (3) all waters within 50 yards of all marine
parade vessels. Notice of the special local regulations, including the
identities of the lead marine parade vessel and the last marine parade
vessel, will be provided prior to the event by Local Notice to Mariners
and Broadcast Notice to Mariners. These special local regulations will
be enforced from 11 a.m. until 3 p.m. on October 8, 2011. Persons and
vessels are prohibited from entering, transiting through, anchoring, or
remaining within the buffer zones unless authorized by the Captain of
the Port Savannah or a designated representative. Persons and vessels
desiring to enter, transit through, anchor in, or remain within any of
the buffer zones may contact the Captain of the Port Savannah by
telephone at 912-652-4353, or a designated representative via VHF radio
on channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain within any of the buffer zones is
granted by the Captain of the Port Savannah or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Savannah
or a designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only four hours; (2) although persons and vessel will not be able
to enter, transit through, anchor in, or remain within any of the
buffer zones without authorization from the Captain of the Port
Savannah 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
buffer zones if authorized by the Captain of the Port Savannah or a
designated representative; and (4) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not
[[Page 62300]]
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 the
East River and the Brunswick River encompassed within the special local
regulations from 11 a.m. until 3 p.m. on October 8, 2011. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a marine parade. Under figure 2-1, paragraph (34)(h),
of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
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.T07-0830 to read as follows:
[[Page 62301]]
Sec. 100.T07-0830 Special Local Regulations; Line of Sail Marine
Parade, East River and Brunswick River, Brunswick, GA.
(a) Regulated Area. (1) The following buffer zones are regulated
areas during the Line of Sail Marine Parade:
(i) All waters within 500 yards of the lead marine parade vessel;
(ii) All waters within 100 yards of the last marine parade vessel;
and
(iii) All waters within 50 yards of all marine parade vessels.
(2) The identities of the lead marine parade vessel and the last
marine parade vessel will be provided prior to the marine parade by
Local Notice to Mariners and Broadcast Notice to Mariners. The marine
parade will begin at Brunswick Landing Marina. From Brunswick Landing
Marina, the marine parade will transit southeast on the East River,
head east on the Brunswick River, and then turn around at St. Simons
Pier. The marine parade will then return to Brunswick Landing Marina by
the same route.
(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 Savannah in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Savannah
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 Savannah by telephone at 912-652-4353, 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 areas is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(c) Effective date. This rule is effective from 11 a.m. until 3
p.m. on October 8, 2011.
Dated: September 15, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2011-26115 Filed 10-5-11; 11:15 am]
BILLING CODE 9110-04-P
