Special Local Regulations; Seminole Hard Rock Winterfest Boat Parade, New River and Intracoastal Waterway, Fort Lauderdale, FL, 70644-70647 [2011-29398]
Download as PDF
<![CDATA[
70644
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
List of Subjects in 31 CFR Part 1
Privacy.
Number
Part 1, subpart C of Title 31 of the
Code of Federal Regulations is amended
as follows:
System name
*
*
IRS 90.001 ....
*
*
*
Chief Counsel Management
Information System
Records.
Chief Counsel Litigation and
Advice (Criminal) Records.
Chief Counsel Legal Processing Division Records.
Chief Counsel Library
Records.
PART 1—[AMENDED]
IRS 90.002 ....
1. The authority citation for part 1
continues to read as follows:
■
IRS 90.004 ....
Authority: 5 U.S.C. 301, 31 U.S.C. 321,
subpart A also issued under 5 U.S.C. 552, as
amended. Subpart C also issued under 5
U.S.C. 552a.
2. Section 1.36 is amended as follows:
■ a. Paragraph (c)(1)(viii) is amended by
revising the entry for ‘‘IRS 90.001’’.
■ b. Paragraph (c)(1)(viii) is further
amended by adding entries for ‘‘IRS
90.003’’; ‘‘IRS 90.004’’; and ‘‘IRS
90.005’’ to the table in numerical order.
■ c. Paragraph (g)(1)(viii) is amended by
removing entries for ‘‘IRS 90.002’’; ‘‘IRS
90.004’’; ‘‘IRS 90.005’’; ‘‘IRS 90.009’’;
‘‘IRS 90.010’’; ‘‘IRS 90.013’’; and ‘‘IRS
90.016’’.
■ d. Paragraph (g)(1)(viii) is further
amended by adding entries for ‘‘IRS
90.001’’; ‘‘IRS 90.002’’;‘‘IRS 90.004’’,
and ‘‘IRS 90.005’’ to the table in
numerical order.
■ e. Paragraph (m)(1)(viii) is amended
by removing entries for ‘‘IRS 90.003’’
and ‘‘IRS 90.011’’.
■ f. Paragraph (m)(1)(viii) is further
amended by adding ‘‘IRS 90.006’’ to the
table in numerical order.
The revisions and additions read as
follows:
■
IRS 90.005 ....
*
*
*
(m) * * *
(1) * * *
(viii) * * *
*
*
Number
System name
*
*
IRS 90.006 ....
*
*
*
Chief Counsel Human Resources and Administrative
Records.
*
*
*
*
*
Dated: October 24, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy,
Transparency and Records.
[FR Doc. 2011–29385 Filed 11–14–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
§ 1.36 Systems exempt in whole or in part
from provisions of 5 U.S.C. 522a and this
part.
[Docket No. USCG–2011–1011]
*
Special Local Regulations; Seminole
Hard Rock Winterfest Boat Parade,
New River and Intracoastal Waterway,
Fort Lauderdale, FL
*
(c) * *
(1) * *
(viii) *
*
*
*
* *
*
*
System name
*
*
IRS 90.001 ....
*
*
*
Chief Counsel Management
Information System
Records.
Chief Counsel Litigation and
Advice (Criminal) Records.
Chief Counsel Legal Processing Division Records.
Chief Counsel Library
Records.
IRS 90.004 ....
jlentini on DSK4TPTVN1PROD with RULES
IRS 90.005 ....
*
*
(g) * *
(1) * *
(viii) *
*
*
*
* *
VerDate Mar<15>2010
*
*
16:12 Nov 14, 2011
Jkt 226001
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Number
IRS 90.003 ....
RIN 1625–AA08
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the New River and the
Intracoastal Waterway in Fort
Lauderdale, Florida during the
Seminole Hard Rock Winterfest Boat
Parade on Saturday, December 10, 2011.
The marine parade will consist of
approximately 120 vessels. The marine
parade will begin at Cooley’s Landing
Marina and end at Lake Santa Barbara.
From Cooley’s Landing Marina, the
marine parade will transit east on the
New River, then head north on the
Intracoastal Waterway to Lake Santa
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Barbara. 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 Cooley’s Landing
Marina to Lake Santa Barbara. 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 Miami or a designated
representative.
DATES: This rule is effective from 2:30
p.m. until 11:30 p.m. on December 10,
2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2011–
1011 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1011 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
final rule, call or email Lieutenant
Jennifer S. Makowski, Sector Miami
Prevention Department, Coast Guard;
telephone (305) 535–8724, email
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
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 the
Coast Guard did not receive necessary
information about the Seminole Hard
Rock Winterfest Boat Parade with
sufficient time to publish an NPRM and
to receive public comments prior to the
E:\FR\FM\15NOR1.SGM
15NOR1
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
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
marine parade participants, participant
vessels, spectators, and the general
public.
jlentini on DSK4TPTVN1PROD with RULES
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 Seminole Hard Rock
Winterfest Boat Parade.
Regulatory Analyses
Discussion of Rule
On December 10, 2011, Winterfest,
Inc., is hosting the Seminole Hard Rock
Winterfest Boat Parade on the New
River and the Intracoastal Waterway in
Fort Lauderdale, Florida. The marine
parade will consist of approximately
120 vessels. The marine parade will
begin at Cooley’s Landing Marina and
transit east on the New River, then head
north on the Intracoastal Waterway to
Lake Santa Barbara. Although this event
occurs annually, and special local
regulations have been promulgated in
the Code of Federal Regulations at 33
CFR 100.701, these regulations do not
provide for special local regulations in
the New River, nor do they provide
sufficient detail regarding the special
local regulations that will be enforced
during the marine parade. Therefore, the
special local regulations set forth in 33
CFR 100.701 are inapplicable for this
year’s Seminole Hard Rock Winterfest
Boat Parade.
The special local regulations consist
of a series of buffer zones around vessels
participating in the Seminole Hard Rock
Winterfest Boat Parade. These buffer
zones are as follows: (1) All waters
within 75 yards of the lead marine
parade vessel; (2) all waters within 75
yards of the last marine parade vessel;
and (3) all waters within 50 yards of all
other 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 marine
parade by Local Notice to Mariners and
Broadcast Notice to Mariners. These
special local regulations will be
enforced from 2:30 p.m. until 11:30 p.m.
on December 10, 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 Miami or a designated
representative. Persons and vessels
desiring to enter, transit through, anchor
VerDate Mar<15>2010
16:12 Nov 14, 2011
Jkt 226001
in, or remain within any of the buffer
zones may contact the Captain of the
Port Miami by telephone at (305) 535–
4472, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within any of the buffer zones 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.
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.
Regulatory Planning and Review
Executive Orders 13563, Regulatory
Planning and Review, and 12866,
Improving Regulation and Regulatory
Review, direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a significant
regulatory action under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
has not reviewed this regulation under
Executive Order 12866.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulations will be
enforced for nine hours; (2) although
persons and vessel will not be able to
enter, transit through, anchor in, or
remain within the buffer zones 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) persons and
vessels may still enter, transit through,
anchor in, or remain within the buffer
zones if authorized by the Captain of the
Port Miami 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.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
70645
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
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 New River and the
Intracoastal Waterway encompassed
within the special local regulations from
2:30 p.m. until 11:30 p.m. on December
10, 2011. For the reasons discussed in
the Regulatory Planning and Review
section above, this rule will not have a
significant economic impact on a
substantial number of small entities.
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
E:\FR\FM\15NOR1.SGM
15NOR1
70646
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
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
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
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.
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.
Energy Effects
List of Subjects in 33 CFR Part 100
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
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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.
jlentini on DSK4TPTVN1PROD with RULES
Indian Tribal Governments
VerDate Mar<15>2010
16:12 Nov 14, 2011
Jkt 226001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 temporary § 100.35T07–1011
to read as follows:
■
§ 100.35T07–1011 Special Local
Regulations; Seminole Hard Rock
Winterfest Boat Parade, New River and
Intracoastal Waterway, Fort Lauderdale, FL.
(a) Regulated Areas. The following
buffer zones are regulated areas during
the Seminole Hard Rock Winterfest Boat
Parade:
(1) All waters within 75 yards of the
lead marine parade vessel;
(2) All waters within 75 yards of the
last marine parade vessel; and
(3) All waters within 50 yards of all
other marine parade vessels. 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 Cooley’s
Landing Marina and end at Lake Santa
Barbara. From Cooley’s Landing Marina,
the marine parade will transit east on
the New River, then head north on the
Intracoastal Waterway to Lake Santa
Barbara.
(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 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 Miami 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 Miami by
telephone at (305) 535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated areas 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.
(3) The Coast Guard will provide
notice of the regulated areas by Local
E:\FR\FM\15NOR1.SGM
15NOR1
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(c) Enforcement Date. This rule will
be enforced from 2:30 p.m. until 11:30
p.m. on December 10, 2011.
[FR Doc. 2011–29398 Filed 11–14–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0976]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Potomac River, National Harbor
Access Channel, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a safety zone upon
specified waters of the Potomac River.
This action is necessary to provide for
the safety of life on navigable waters
during a fireworks display launched
from a floating platform located within
the National Harbor Access Channel, in
Prince Georges County, Maryland. This
safety zone is intended to protect the
maritime public in a portion of the
Potomac River.
DATES: This rule is effective from 6 p.m.
on November 19, 2011 through 8 p.m.
on November 20, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0976 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0976 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
rule, call or email Mr. Ronald L. Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone (410) 576–2674, email
Ronald.L.Houck@uscg.mil. If you have
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:12 Nov 14, 2011
Jkt 226001
SUPPLEMENTARY INFORMATION:
Regulatory Information
Dated: October 27, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
ACTION:
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
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 it is
contrary to public interest to delay the
effective date of this rule. Delaying the
effective date by first publishing an
NPRM would be contrary to the safety
zone’s intended objectives because
immediate action is needed to protect
persons and vessels against the hazards
associated with a fireworks display on
navigable waters. Such hazards include
premature detonations, dangerous
projectiles and falling or burning debris.
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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels involved
in the event, and enhancing public and
maritime safety.
Basis and Purpose
Fireworks displays are frequently
held from locations on or near the
navigable waters of the United States.
The potential hazards associated with
fireworks displays are a safety concern
during such events. The purpose of this
rule is to promote public and maritime
safety during a fireworks display, and to
protect mariners transiting the area from
the potential hazards associated with a
fireworks display, such as the accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. This rule is needed to
ensure safety on the waterway during
the scheduled event.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
70647
Discussion of Rule
Pyrotecnico, of New Castle,
Pennsylvania, will conduct a fireworks
display launched from a floating
platform located on the Potomac River
at National Harbor, Maryland scheduled
on November 19, 2011 at approximately
6:45 p.m. If necessary, due to inclement
weather, the fireworks display may be
scheduled on November 20, 2011 at
approximately 6:45 p.m.
The Coast Guard is establishing a
temporary safety zone on certain waters
of the Potomac River, National Harbor
Access Channel, within a 50 yards
radius of a fireworks discharge platform
in approximate position latitude
38°47′01″ N, longitude 077°01′15″ W,
located at National Harbor, Maryland
(NAD 1983). The temporary safety zone
will be enforced from 6 p.m. through
8 p.m. on and November 19, 2011, and
if necessary due to inclement weather,
from 6 p.m. through 8 p.m. on
November 20, 2011. The effect of this
temporary safety zone will be to restrict
navigation in the regulated area during
the fireworks display. No person or
vessel may enter or remain in the safety
zone. Vessels will be allowed to transit
the waters of the Potomac River outside
the safety zone. Notification of the
temporary safety zone will be provided
to the public via marine information
broadcasts.
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.
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 that Order or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under that Order. It is
not ‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS). Although this safety zone will
restrict some vessel traffic, there is little
vessel traffic associated with
commercial fishing in the area, and
recreational boating in the area can
transit waters outside the safety zone. In
addition, the effect of this rule will not
be significant because the safety zone is
E:\FR\FM\15NOR1.SGM
15NOR1
]]>Agencies
[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70644-70647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29398]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-1011]
RIN 1625-AA08
Special Local Regulations; Seminole Hard Rock Winterfest Boat
Parade, New River and Intracoastal Waterway, Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the New River and the Intracoastal Waterway in Fort
Lauderdale, Florida during the Seminole Hard Rock Winterfest Boat
Parade on Saturday, December 10, 2011. The marine parade will consist
of approximately 120 vessels. The marine parade will begin at Cooley's
Landing Marina and end at Lake Santa Barbara. From Cooley's Landing
Marina, the marine parade will transit east on the New River, then head
north on the Intracoastal Waterway to Lake Santa Barbara. 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 Cooley's Landing Marina to
Lake Santa Barbara. 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 Miami or a designated
representative.
DATES: This rule is effective from 2:30 p.m. until 11:30 p.m. on
December 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2011-1011 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1011 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 final rule, call or email Lieutenant Jennifer S. Makowski,
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email 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
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 the Coast Guard did not receive
necessary information about the Seminole Hard Rock Winterfest Boat
Parade with sufficient time to publish an NPRM and to receive public
comments prior to the
[[Page 70645]]
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 marine parade participants, participant vessels,
spectators, and the general public.
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 Seminole Hard Rock Winterfest Boat Parade.
Discussion of Rule
On December 10, 2011, Winterfest, Inc., is hosting the Seminole
Hard Rock Winterfest Boat Parade on the New River and the Intracoastal
Waterway in Fort Lauderdale, Florida. The marine parade will consist of
approximately 120 vessels. The marine parade will begin at Cooley's
Landing Marina and transit east on the New River, then head north on
the Intracoastal Waterway to Lake Santa Barbara. Although this event
occurs annually, and special local regulations have been promulgated in
the Code of Federal Regulations at 33 CFR 100.701, these regulations do
not provide for special local regulations in the New River, nor do they
provide sufficient detail regarding the special local regulations that
will be enforced during the marine parade. Therefore, the special local
regulations set forth in 33 CFR 100.701 are inapplicable for this
year's Seminole Hard Rock Winterfest Boat Parade.
The special local regulations consist of a series of buffer zones
around vessels participating in the Seminole Hard Rock Winterfest Boat
Parade. These buffer zones are as follows: (1) All waters within 75
yards of the lead marine parade vessel; (2) all waters within 75 yards
of the last marine parade vessel; and (3) all waters within 50 yards of
all other 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 marine
parade by Local Notice to Mariners and Broadcast Notice to Mariners.
These special local regulations will be enforced from 2:30 p.m. until
11:30 p.m. on December 10, 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 Miami 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 Miami by telephone at (305) 535-
4472, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within any of the buffer zones 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.
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.
Regulatory Planning and Review
Executive Orders 13563, Regulatory Planning and Review, and 12866,
Improving Regulation and Regulatory Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for nine hours; (2) although persons and vessel will not be able to
enter, transit through, anchor in, or remain within the buffer zones
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) persons and vessels may still enter,
transit through, anchor in, or remain within the buffer zones if
authorized by the Captain of the Port Miami 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 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
New River and the Intracoastal Waterway encompassed within the special
local regulations from 2:30 p.m. until 11:30 p.m. on December 10, 2011.
For the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact on a
substantial number of small entities.
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
[[Page 70646]]
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 temporary Sec. 100.35T07-1011 to read as follows:
Sec. 100.35T07-1011 Special Local Regulations; Seminole Hard Rock
Winterfest Boat Parade, New River and Intracoastal Waterway, Fort
Lauderdale, FL.
(a) Regulated Areas. The following buffer zones are regulated areas
during the Seminole Hard Rock Winterfest Boat Parade:
(1) All waters within 75 yards of the lead marine parade vessel;
(2) All waters within 75 yards of the last marine parade vessel;
and
(3) All waters within 50 yards of all other marine parade vessels.
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 Cooley's Landing Marina and end at Lake Santa Barbara.
From Cooley's Landing Marina, the marine parade will transit east on
the New River, then head north on the Intracoastal Waterway to Lake
Santa Barbara.
(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 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 Miami 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 Miami by telephone at (305) 535-4472, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas 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.
(3) The Coast Guard will provide notice of the regulated areas by
Local
[[Page 70647]]
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(c) Enforcement Date. This rule will be enforced from 2:30 p.m.
until 11:30 p.m. on December 10, 2011.
Dated: October 27, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-29398 Filed 11-14-11; 8:45 am]
BILLING CODE 9110-04-P
