Special Local Regulations; Red Bull Candola, New River, Fort Lauderdale, FL, 14965-14968 [2012-6311]
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
determination are not required for this
rule.
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.
List of Subjects 33 CFR Part 100
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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 which 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 establishing a special local
regulation, requiring a permit wherein
an analysis of the environmental impact
of the regulations was performed. Under
figure 2–1, paragraph (34)(h.), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
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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 § 100.35T08–0030 to read as
follows:
■
§ 100.35T08–0030 Special Local
Regulation; O’Leary Lake; Moss Point, MS.
(a) Regulated Area. The following area
is a regulated area: a portion of O’Leary
Lake, Moss Point, MS, enclosed by a
bounded area starting at a point on the
shore at approximately 30°25′11.0″ N,
088°32′24.4″ W, then east to 30°25′12.9″
N, 088°32′18.0″ W, then south to
30°24′50.9″ N, 088°32′09.6″ W, then
west following the shore line back to the
starting point at 30°25′11.0″ N,
088°32′24.4″ W.
(b) Enforcement dates. This rule will
be enforced from 11 a.m. until 4 p.m. on
April 28–29, 2012.
(c) Special Local Regulations.
(1) The Coast Guard will patrol the
regulated area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All Persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the Captain of the Port
Mobile to patrol the regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer and will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator shall anchor, block,
loiter, or impede the through transit of
participants or official patrol vessels in
the regulated area during the effective
dates and times, unless cleared for entry
by or through an official patrol vessel.
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14965
(5) The patrol commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) The Patrol Commander will
terminate enforcement of the special
local regulations at the conclusion of the
event.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the regulated
area as well as any changes in the
planned schedule.
Dated: February 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–5968 Filed 3–13–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0083]
RIN 1625–AA08
Special Local Regulations; Red Bull
Candola, New River, Fort Lauderdale,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the New River between the
Esplanade Park and slightly east of the
South Andrews Avenue Bascule Bridge
in Fort Lauderdale, Florida for the Red
Bull Candola rowing event. The event is
SUMMARY:
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
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scheduled to take place on April 14,
2012. The temporary special local
regulation is necessary for the safety of
the event participants, participant
vessels, and the general public during
the event. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
specifically authorized by the Captain of
the Port Miami or a designated
representative.
DATES: This rule is effective from
10 a.m. until 2 p.m. on April 14, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0083 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0083 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 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 Red Bull Candola
until February 3, 2012. As a result, the
Coast Guard did not have sufficient time
to publish an 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
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minimize potential danger to Candola
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 ensure
safety of life on navigable waters of the
United States during the Red Bull
Candola.
Discussion of Rule
On April 14, 2012 Red Bull North
America is conducting the Red Bull
Candola on the New River in Fort
Lauderdale, Florida. The regulated area
will encompass certain navigable waters
of the New River between Esplanade
Park and slightly east of the South
Andrews Avenue Bascule Bridge in Fort
Lauderdale, Florida. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
specifically authorized by the Captain of
the Port Miami or a designated
representative. The special local
regulation will be in effect from 10 a.m.
until 2 p.m. on April 14, 2012. Persons
and vessels are prohibited from
entering, transiting through, anchoring,
or remaining within the race area unless
authorized by the Captain of the Port
Miami or a designated representative.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the race area may contact the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within any of the
race 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.
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
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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 a total of 4 hours; (2)
although persons and vessels will not be
able to enter, transit through, anchor in,
or remain within the race area without
authorization from the Captain of the
Port Miami or a designated
representative, they may operate in the
surrounding area during the
enforcement periods; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the race
area 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 the
waters of the New River in Fort
Lauderdale, Florida that are
encompassed within the special local
regulations from 10 a.m. until 2 p.m. on
April 14, 2012. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
on a substantial number of small
entities.
Interference with Constitutionally
Protected Property Rights.
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.
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.
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 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.
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
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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
PO 00000
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Fmt 4700
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14967
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 regatta. 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 § 100.35T07–0083
to read as follows:
■
§ 100.35T07–0083 Special Local
Regulations; Red Bull Candola, New River,
Fort Lauderdale, FL.
(a) Regulated areas. The following
regulated area is being established as a
special local regulation. All waters of
the New River between the Esplanade
Park and slightly east of the South
Andrews Avenue Bascule Bridge
encompassed between the following
points: Point 1 in position 26°07′09″ N,
80°08′52″ W; and Point 2 in position
26°07′04″ N, 80°08′34″ W. All
coordinates are North American Datum
1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless 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 area may
contact the Captain of the Port Miami by
telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(c) Enforcement date. This rule will
be enforced from 10 a.m. until 2 p.m. on
April 14, 2012.
schedules accordingly to ensure safe
and efficient transits across and under
the bridge.
DATES: This rule is effective April 13,
2012.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2011–
0591 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0591 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 proposed
rule, call or email Lindsey Middleton,
Coast Guard; telephone 757–398–6629,
email Lindsey.R.Middleton@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: February 21, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
Regulatory Information
On August 23, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Anacostia River,
Washington, DC in the Federal Register
(76 FR 163). We did not receive public
comments on the proposed rule. No
public meeting was requested, and none
was held.
[FR Doc. 2012–6311 Filed 3–13–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0591]
RIN 1625–AA09
Drawbridge Operation Regulation;
Anacostia River, Washington, DC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulation that governs the operation
of the CSX Railroad Vertical Lift Bridge
across the Anacostia River, mile 3.4, at
Washington, DC. The change will alter
the eight hour advance notice
requirement for a bridge opening to a
48 hour advance notice requirement for
a bridge opening. The operating
regulation change gives more notice for
trains and vessels to adjust their
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SUMMARY:
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Basis and Purpose
The CSX Railroad Company has
requested a change in the operation
regulation for the CSX Railroad Vertical
Lift Bridge, across the Anacostia River,
mile 3.4, at Washington, DC. The new
48 hour advance notice requirement
replaces the current eight hour advance
notice requirement for a bridge opening.
This rail-line is used for regular
passenger service and train transits
across this bridge on an average of 21
times a day. As a result, it is necessary
that ample time be given to maintain an
accurate schedule for trains and vessels
for safe and efficient travel across and
under the bridge.
The current operating schedule for the
bridge is set out in 33 CFR
117.253(b)(iv). The regulation was
established in August 2004 and allows
the bridge to be operated from a remote
location, the Benning Yard office. The
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draw of the bridge shall open on signal
under the following circumstances; at
all times for public vessels of the United
States, state and local government
vessels, commercial vessels, and any
vessel in an emergency involving danger
to life or property; from May 15 through
September 30, between 9 a.m. and
12 p.m., and between 1 p.m. and 6 p.m.;
and from May 15 through September 30,
between 6 p.m. and 7 p.m. if notice is
given before 6 p.m. on the day for which
the opening is requested. At all other
times, the bridge will open on signal if
at least eight hours of notice is given.
The vertical clearance of the bridge is
5 feet at Mean High Water (MHW) in the
closed position and 29 feet MHW in the
open position. There are on average, 21
train transits across this bridge everyday
and there have been two bridge
openings in the past two years for
vessels taller than five feet.
Concurrent with the publication of
the NPRM, a test deviation [USCG–
2011–0591] was issued to allow the CSX
Railroad Bridge to test the proposed
schedule and to obtain data and public
comments. The test deviation allowed
the bridge to open if at least 48 hours
of notice is given, replacing the eight
hour notice requirement. The test
deviation continues to run until
February 21, 2012.
The Coast Guard has reviewed bridge
tender logs from before the test
deviation and during the first
120 days of the entire 180 day test
deviation. Before the deviation, the
bridge had two bridge openings in the
last two years for vessels over five feet
tall. During the first 120 days of the 180
day test deviation there were no
requests for a bridge opening.
The Coast Guard also reviewed the
train logs before and during the first 120
day period of the entire 180 day test
deviation. In both cases there was on
average 21 train transits across this
bridge daily.
Discussion of Comments and Changes
No comments were received on the
proposed rule or the test deviation and
no changes were made to the proposed
rule.
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
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14MRR1
]]>Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14965-14968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6311]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0083]
RIN 1625-AA08
Special Local Regulations; Red Bull Candola, New River, 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 between the Esplanade Park and slightly
east of the South Andrews Avenue Bascule Bridge in Fort Lauderdale,
Florida for the Red Bull Candola rowing event. The event is
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scheduled to take place on April 14, 2012. The temporary special local
regulation is necessary for the safety of the event participants,
participant vessels, and the general public during the event. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the regulated area unless specifically
authorized by the Captain of the Port Miami or a designated
representative.
DATES: This rule is effective from 10 a.m. until 2 p.m. on April 14,
2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0083 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0083 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 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 Red Bull Candola until February 3,
2012. As a result, the Coast Guard did not have sufficient time to
publish an 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 Candola 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 ensure safety of life on navigable
waters of the United States during the Red Bull Candola.
Discussion of Rule
On April 14, 2012 Red Bull North America is conducting the Red Bull
Candola on the New River in Fort Lauderdale, Florida. The regulated
area will encompass certain navigable waters of the New River between
Esplanade Park and slightly east of the South Andrews Avenue Bascule
Bridge in Fort Lauderdale, Florida. Persons and vessels are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area unless specifically authorized by the Captain of the
Port Miami or a designated representative. The special local regulation
will be in effect from 10 a.m. until 2 p.m. on April 14, 2012. Persons
and vessels are prohibited from entering, transiting through,
anchoring, or remaining within the race area unless authorized by the
Captain of the Port Miami or a designated representative. Persons and
vessels desiring to enter, transit through, anchor in, or remain within
the race area may contact the Captain of the Port Miami by telephone at
305-535-4472, or a designated representative via VHF radio on channel
16, to request authorization. If authorization to enter, transit
through, anchor in, or remain within any of the race 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.
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 a total of 4 hours; (2) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the race
area without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (3) persons and vessels may still
enter, transit through, anchor in, or remain within the race area 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 the waters of the
New River in Fort Lauderdale, Florida that are encompassed within the
special local regulations from 10 a.m. until 2 p.m. on April 14, 2012.
For the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact
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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 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.
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 regatta. 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. 100.35T07-0083 to read as follows:
Sec. 100.35T07-0083 Special Local Regulations; Red Bull Candola, New
River, Fort Lauderdale, FL.
(a) Regulated areas. The following regulated area is being
established as a special local regulation. All waters of the New River
between the Esplanade Park and slightly east of the South Andrews
Avenue Bascule Bridge encompassed between the following points: Point 1
in position 26[deg]07'09'' N, 80[deg]08'52'' W; and Point 2 in position
26[deg]07'04'' N, 80[deg]08'34'' W. All coordinates are North American
Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local
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officers designated by or assisting the Captain of the Port Miami in
the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless 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 area may contact the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
area is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(c) Enforcement date. This rule will be enforced from 10 a.m. until
2 p.m. on April 14, 2012.
Dated: February 21, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-6311 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P
