Special Local Regulations; 2013 Orange Bowl Paddle Championship, Biscayne Bay, Miami, FL, 75550-75553 [2012-30768]
Download as PDF
<![CDATA[
75550
Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
This final rule amends the
Pension Benefit Guaranty Corporation’s
regulation on Allocation of Assets in
Single-Employer Plans to prescribe
interest assumptions for valuation dates
in the first quarter of 2013. The interest
assumptions are used for valuing
benefits under terminating singleemployer plans covered by the pension
insurance system administered by
PBGC. As discussed below, PBGC has
published a separate final rule
document dealing with interest
assumptions under its regulation on
Benefits Payable in Terminated SingleEmployer Plans for January 2013.
DATES: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion
(Klion.Catherine@PBGC.gov), Manager,
Regulatory and Policy Division,
Legislative and Regulatory Department,
Pension Benefit Guaranty Corporation,
1200 K Street NW., Washington, DC
20005, 202–326–4024. (TTY/TDD users
may call the Federal relay service toll
free at 1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION: PBGC’s
regulation on Allocation of Assets in
Single-Employer Plans (29 CFR part
4044) prescribes actuarial
assumptions—including interest
assumptions—for valuing plan benefits
under terminating single-employer
plans covered by title IV of the
Employee Retirement Income Security
Act of 1974. The interest assumptions in
SUMMARY:
the regulation are also published on
PBGC’s Web site (https://www.pbgc.gov).
The interest assumptions in Appendix
B to Part 4044 are used to value benefits
for allocation purposes under ERISA
section 4044. Assumptions under the
asset allocation regulation are updated
quarterly and are intended to reflect
current conditions in the financial and
annuity markets. This final rule updates
the asset allocation interest assumptions
for the first quarter (January through
March) of 2013.
The first quarter 2013 interest
assumptions under the allocation
regulation will be 2.67 percent for the
first 20 years following the valuation
date and 3.01 percent thereafter. In
comparison with the interest
assumptions in effect for the fourth
quarter of 2012, these interest
assumptions represent no change in the
select period (the period during which
the select rate (the initial rate) applies),
a decrease of 0.40 percent in the select
rate, and an increase of 0.01 percent in
the ultimate rate (the final rate).
PBGC has determined that notice and
public comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation of
benefits under plans with valuation
dates during the first quarter of 2013,
PBGC finds that good cause exists for
making the assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects in 29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4044
continues to read as follows:
■
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. In appendix B to part 4044, a new
entry for January—March 2013, as set
forth below, is added to the table.
■
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
*
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
it
*
*
*
*
January–March 2013 ............................................................................................
Issued in Washington, DC, on this 18th day
of December 2012.
Laricke Blanchard,
Deputy Director for Policy, Pension Benefit
Guaranty Corporation.
for t =
it
*
0.0267
for t =
it
for t =
*
1–20
0.0301
*
>20
N/A
N/A
AGENCY:
Championship. The event will take
place on January 13, 2013 between the
hours of 9 a.m. to 1 p.m. Approximately
300 kayaks and paddleboards will
participate in the event. The special
local regulation is necessary to ensure
the safety of the participants, participant
vessels, and the general public during
the event. Non-participant 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.
ACTION:
DATES:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[FR Doc. 2012–30819 Filed 12–20–12; 8:45 am]
33 CFR Part 100
BILLING CODE 7709–01–P
[Docket Number USCG–2012–1020]
RIN 1625–AA08
mstockstill on DSK4VPTVN1PROD with
Special Local Regulations; 2013
Orange Bowl Paddle Championship,
Biscayne Bay, Miami, FL
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a special local regulation on
the waters of Biscayne Bay and the
Miami River in Miami, FL during the
2013 Orange Bowl Paddle
SUMMARY:
VerDate Mar<15>2010
16:08 Dec 20, 2012
Jkt 229001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
This rule will be enforced from
9 a.m. to 1 p.m. on January 13, 2013.
Documents mentioned in
this preamble are part of docket USCG–
2012–1020. To view documents
mentioned in this preamble as being
ADDRESSES:
E:\FR\FM\21DER1.SGM
21DER1
Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
Mike.H.Wu@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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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
event information in regards to the
event location until November 20, 2012.
Any delay in the effective date of this
rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
the race participants, participant
vessels, spectators and the general
public.
mstockstill on DSK4VPTVN1PROD with
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
special local regulations pursuant to: 33
U.S.C. 1233. The purpose of the rule is
to provide for the safety of life on
navigable waters during the 2013
Orange Bowl Paddle Championship.
VerDate Mar<15>2010
16:08 Dec 20, 2012
Jkt 229001
C. Discussion of the Final Rule
On January 13, 2013, the Orange Bowl
Committee is sponsoring the 2013
Orange Bowl Paddle Championship.
The event will be held on the waters of
Biscayne Bay and the Miami River.
Approximately 300 participants on
paddle boards will be transiting the
Miami River and surrounding areas
requiring a controlled environment due
to large commercial traffic.
The special local regulation will
encompass certain waters of Biscayne
Bay and the Miami River in Miami,
Florida. The special local regulation
will be enforced from 9:00 a.m. until
1:00 p.m. on January 13, 2013. The
regulated area will encompass all waters
west of the Intracoastal Waterway from
just south of the Port Miami Bridge to
just north of the Rickenbacker Causeway
Bridge, to include the Miami River up
until the Interstate 95 Bridge. Nonparticipant persons and vessels are
prohibited from entering, transiting
though, anchoring in, or remaining
within this regulated area.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port Miami via telephone at (305)
535–4472, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
event area is granted by the Captain of
the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative. The Coast
Guard will provide notice of the special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
75551
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulation will be
enforced for a maximum of 4 hours; (2)
non-participant persons and vessels
may enter, transit through, anchor in, or
remain within the event area if
authorized by the Captain of the Port
Miami or a designated representative;
(3) non-participant persons and vessels
not authorized by the Captain of the
Port Miami or designated representative
to enter, transit through, anchor in, or
remain within the event area may
operate in the surrounding area during
the enforcement periods; and (4) the
Coast Guard will provide advance
notification of the special local
regulation to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of Biscayne Bay and the
Miami River encompassed within the
special local regulation from 9:00 a.m.
until 1:00 p.m. on January 13, 2013. 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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
E:\FR\FM\21DER1.SGM
21DER1
75552
Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
mstockstill on DSK4VPTVN1PROD with
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
16:08 Dec 20, 2012
Jkt 229001
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
VerDate Mar<15>2010
Interference with Constitutionally
Protected Property Rights.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
conjunction with a marine event. This
rule is categorically excluded from
further review under paragraph 34(h)
and 35(b) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
2. Add temporary § 100.35T07–1020
to read as follows:
■
§ 100.35T07–1020 Special Local
Regulations; 2013 Orange Bowl Paddle
Championship, Biscayne Bay, Miami, FL.
(a) Regulated area. The following
regulated area is established as a special
local regulation: all waters starting at
point 1 in position 25°46′45″ N
80°10′57″ W; thence northwest to point
2 in position 25°46′48″ N 80°11′05″ W;
thence southeast to point 3 in position
25°46′46″ N 80°11′10″ W; thence
southeast to point 4 in position
25°46′40″ N 80°11′10″ W; thence
southeast to point 5 in position
25°46′38″ N 80°11′05″ W; thence
northeast to point 6 in position
25°46′45″ N 80°11′01″ W; thence
southeast to point 7 in position
25°46′44″ N 80°10′59″ W; thence
southwest to point 8 in position
25°46′31″ N 80°11′06″ W; thence south
to point 9 in position 25°46′18″ N
80°11′06″ W; thence westward
including all waters of the Miami River
to point 10 in position 25°46′13″ N
80°11′57″ W; thence eastward including
all waters of the Miami River to point
11 in position 25°46′11″ N 80°11′16″ W;
thence southwest to point 12 in position
25°45′28″ N 80°11′20″ W; thence
southwest to point 13 in position
25°44′54″ N 80°12′06″ W; thence
southeast to point 14 in position
25°44′48″ N 80°11′22″ W; thence
northeast to point 15 in position
25°46′09″ N 80°10′57″ W; thence
northwest to point 16 in position
25°46′22″ N 80°11′01″ W; thence north
to point 17 in position 25°46′36″ N
80°11′01″ W; thence northeast back to
origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
E:\FR\FM\21DER1.SGM
21DER1
Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
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 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 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
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement date. This rule will
be enforced from 9 a.m. until 1 p.m. on
January 13, 2013.
Dated: December 6, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2012–30768 Filed 12–20–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–1063]
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway,
Biscayne Bay, and Miami River, Miami,
FL
Coast Guard, DHS.
Notice of temporary deviations
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued
temporary deviations from the
regulations governing the operation of
the following four bridges in Miami,
Florida: The Venetian Causeway Bridge
(West), mile 1088.6, across the Atlantic
Intracoastal Waterway; the Venetian
Causeway Bridge (East), across Biscayne
mstockstill on DSK4VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:08 Dec 20, 2012
Jkt 229001
Bay; the Miami Avenue Bridge, mile 0.3,
across the Miami River; and the Brickell
Avenue Bridge, mile 0.1, across the
Miami River. The deviations are
necessary to allow for race participants
to traverse the bridges during the ING
Marathon. This deviation will result in
the bridges remaining in the closed
position during the ING Marathon. Tugs
and tugs with tows are not exempt from
this deviation.
DATES: These deviations are effective
from 6 a.m. through 1 p.m. on January
27, 2013.
ADDRESSES: The docket for this
temporary deviation, USCG–2012–1063,
is available online by going to https://
www.regulations.gov, inserting USCG–
2012–1063 in the ‘‘Search’’ box and
then clicking ‘‘Search’’. The docket 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
deviation, call or email Michael
Lieberum, Seventh District Bridge
Branch, Coast Guard; telephone (305)
415–6744, email
Michael.B.Lieberum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The ING
Marathon Director has requested
temporary modifications to the
operating schedules of the Venetian
Causeway Bridge (West), the Venetian
Causeway Bridge (East), the Brickell
Avenue Bridge, and the Miami Avenue
Bridge in Miami, Florida. These
deviations will result in the bridges
remaining in the closed position during
the ING Marathon on January 27, 2013.
The ING Marathon route passes over
these four bridges. Any bridge opening
would disrupt the race. The temporary
deviations will be in effect from 6 a.m.
through 1 p.m. on January 27, 2013.
The vertical clearance, regular
operating schedule, and deviation
period for each bridge are set forth
below.
1. Venetian Causeway Bridge (West),
mile 1088.6. The vertical clearance of
the Venetian Causeway Bridge (West),
across the Atlantic Intracoastal
Waterway, is 12 feet. The normal
operating schedule for the Venetian
Causeway Bridge (West) is set forth in
33 CFR 117.261(nn), which requires the
bridge to open on signal, except that
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
75553
from 7 a.m. to 7 p.m., Monday through
Friday, except Federal holidays, the
bridge need only open on the hour and
half-hour. As a result of this temporary
deviation, the Venetian Causeway
Bridge (West) will remain closed to
navigation from 6:10 a.m. to 9:56 a.m.
on January 27, 2013.
2. Venetian Causeway Bridge (East).
The vertical clearance of the Venetian
Causeway Bridge (East), across Biscayne
Bay, is 5 feet. The normal operating
schedule for the Venetian Causeway
Bridge (East) is set forth in 33 CFR
117.269, which requires the bridge to
open on signal, except that from 7 a.m.
to 7 p.m., Monday through Friday,
except Federal holidays, the bridge need
only open on the hour and half-hour. As
a result of this temporary deviation, the
Venetian Causeway Bridge (East) will
remain closed to navigation from 6 a.m.
to 9:15 a.m. on January 27, 2013.
3. Miami Avenue Bridge, mile 0.3. The
vertical clearance of the Miami Avenue
Bridge, across the Miami River, is 21
feet. The normal operating schedule for
the Miami Avenue Bridge is set forth in
33 CFR 117.305(c), which requires the
bridge to open on signal, except that
from 7:35 a.m. to 8:59 a.m., 12:05 p.m.
to 12:59 p.m., and 4:35 p.m. to 5:59
p.m., Monday through Friday, except
Federal holidays, the bridge need not
open for the passage of vessels. As a
result of this temporary deviation, the
Miami Avenue Bridge will remain
closed to navigation from 6:25 a.m. to
10:35 a.m. on January 27, 2013.
4. Brickell Avenue Bridge, mile 0.1.
The vertical clearance of the Brickell
Avenue Bridge, across the Miami River,
is 23 feet. The normal operating
schedule for the Brickell Avenue Bridge
is set forth in 33 CFR 117.305(d), which
requires the bridge to open on signal;
except that from 7 a.m. to 7 p.m.,
Monday through Friday, except Federal
holidays, the bridge need open only on
the hour and half-hour. From 7:35 a.m.
to 8:59 a.m., 12:05 p.m. to 12:59 p.m.,
and 4:35 p.m. to 5:59 p.m., Monday
through Friday, except Federal holidays,
the bridge need not open for the passage
of vessels. As a result of this temporary
deviation, the Brickell Avenue Bridge
will remain closed to navigation from
6:25 a.m. to 1 p.m. on January 27, 2013.
In accordance with 33 CFR 117.35(e),
these four drawbridges must return to
their regular operating schedules
immediately at the end of the effective
period of this temporary deviation.
These deviations from the operating
regulations are authorized under 33 CFR
117.35.
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75550-75553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30768]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-1020]
RIN 1625-AA08
Special Local Regulations; 2013 Orange Bowl Paddle Championship,
Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Biscayne Bay and the Miami River in Miami, FL during the
2013 Orange Bowl Paddle Championship. The event will take place on
January 13, 2013 between the hours of 9 a.m. to 1 p.m. Approximately
300 kayaks and paddleboards will participate in the event. The special
local regulation is necessary to ensure the safety of the participants,
participant vessels, and the general public during the event. Non-
participant 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.
DATES: This rule will be enforced from 9 a.m. to 1 p.m. on January 13,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1020. To view documents mentioned in this preamble as being
[[Page 75551]]
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
Mike.H.Wu@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 event information in regards to the event location until
November 20, 2012. Any delay in the effective date of this rule would
be contrary to the public interest because immediate action is needed
to minimize potential danger to the race participants, participant
vessels, spectators and the general public.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish special local regulations pursuant to: 33 U.S.C. 1233. The
purpose of the rule is to provide for the safety of life on navigable
waters during the 2013 Orange Bowl Paddle Championship.
C. Discussion of the Final Rule
On January 13, 2013, the Orange Bowl Committee is sponsoring the
2013 Orange Bowl Paddle Championship. The event will be held on the
waters of Biscayne Bay and the Miami River. Approximately 300
participants on paddle boards will be transiting the Miami River and
surrounding areas requiring a controlled environment due to large
commercial traffic.
The special local regulation will encompass certain waters of
Biscayne Bay and the Miami River in Miami, Florida. The special local
regulation will be enforced from 9:00 a.m. until 1:00 p.m. on January
13, 2013. The regulated area will encompass all waters west of the
Intracoastal Waterway from just south of the Port Miami Bridge to just
north of the Rickenbacker Causeway Bridge, to include the Miami River
up until the Interstate 95 Bridge. Non-participant persons and vessels
are prohibited from entering, transiting though, anchoring in, or
remaining within this regulated area.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Miami via telephone at (305) 535-4472, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within the event area
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative. The Coast Guard will provide notice of the
special local regulation by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for a maximum of 4 hours; (2) non-participant persons and vessels may
enter, transit through, anchor in, or remain within the event area if
authorized by the Captain of the Port Miami or a designated
representative; (3) non-participant persons and vessels not authorized
by the Captain of the Port Miami or designated representative to enter,
transit through, anchor in, or remain within the event area may operate
in the surrounding area during the enforcement periods; and (4) the
Coast Guard will provide advance notification of the special local
regulation to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Biscayne
Bay and the Miami River encompassed within the special local regulation
from 9:00 a.m. until 1:00 p.m. on January 13, 2013. 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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
[[Page 75552]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a special local regulation issued in
conjunction with a marine event. This rule is categorically excluded
from further review under paragraph 34(h) and 35(b) of Figure 2-1 of
the Commandant Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this 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. 100.35T07-1020 to read as follows:
Sec. 100.35T07-1020 Special Local Regulations; 2013 Orange Bowl
Paddle Championship, Biscayne Bay, Miami, FL.
(a) Regulated area. The following regulated area is established as
a special local regulation: all waters starting at point 1 in position
25[deg]46'45'' N 80[deg]10'57'' W; thence northwest to point 2 in
position 25[deg]46'48'' N 80[deg]11'05'' W; thence southeast to point 3
in position 25[deg]46'46'' N 80[deg]11'10'' W; thence southeast to
point 4 in position 25[deg]46'40'' N 80[deg]11'10'' W; thence southeast
to point 5 in position 25[deg]46'38'' N 80[deg]11'05'' W; thence
northeast to point 6 in position 25[deg]46'45'' N 80[deg]11'01'' W;
thence southeast to point 7 in position 25[deg]46'44'' N 80[deg]10'59''
W; thence southwest to point 8 in position 25[deg]46'31'' N
80[deg]11'06'' W; thence south to point 9 in position 25[deg]46'18'' N
80[deg]11'06'' W; thence westward including all waters of the Miami
River to point 10 in position 25[deg]46'13'' N 80[deg]11'57'' W; thence
eastward including all waters of the Miami River to point 11 in
position 25[deg]46'11'' N 80[deg]11'16'' W; thence southwest to point
12 in position 25[deg]45'28'' N 80[deg]11'20'' W; thence southwest to
point 13 in position 25[deg]44'54'' N 80[deg]12'06'' W; thence
southeast to point 14 in position 25[deg]44'48'' N 80[deg]11'22'' W;
thence northeast to point 15 in position 25[deg]46'09'' N
80[deg]10'57'' W; thence northwest to point 16 in position
25[deg]46'22'' N 80[deg]11'01'' W; thence north to point 17 in position
25[deg]46'36'' N 80[deg]11'01'' W; thence northeast back to origin.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and
[[Page 75553]]
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 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 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 Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement date. This rule will be enforced from 9 a.m. until
1 p.m. on January 13, 2013.
Dated: December 6, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-30768 Filed 12-20-12; 8:45 am]
BILLING CODE 9110-04-P
