Special Local Regulation; West Palm Beach Triathlon Championship, Intracoastal Waterway, West Palm Beach, FL, 2916-2919 [2013-00515]
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Proposed Rules
F. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these proposed
regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312f and involves no
extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 12866 and 13563
See the ‘‘Regulatory Evaluation’’
discussion in the ‘‘Regulatory Notices
and Analyses’’ section elsewhere in this
preamble.
B. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
would not have a substantial direct
effect on the States, or the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, and,
therefore, would not have Federalism
implications.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the proposals in this document. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenter’s
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
B. Availability of Rulemaking
Documents
An electronic copy of rulemaking
documents may be obtained from the
Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies or
3. Accessing the Government Printing
Office’s Web page at https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW., Washington, DC 20591, or
by calling (202) 267–9680. Commenter’s
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the Internet through the Federal
eRulemaking Portal referenced in item
(1) above.
List of Subjects in 14 CFR Part 121
Air carriers, Aircraft, Airmen,
Aviation safety, Safety, Transportation.
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VI. Additional Information
VII. The Proposed Amendment
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
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PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 121
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44732,
46105.
2. Amend § 121.542 by adding
paragraph (d) to read as follows:
■
§ 121.542
Flight crewmember duties.
*
*
*
*
*
(d) During all flight time as defined in
14 CFR 1.1, no flight crewmember may
use, nor may any pilot in command
permit the use of, a personal wireless
communications device or laptop
computer while at a flight crewmember
duty station unless the purpose is
directly related to operation of the
aircraft, or for emergency, safety-related,
or employment-related
communications, in accordance with air
carrier procedures approved by the
Administrator.
Issued in Washington, DC, on January 9,
2013.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2013–00608 Filed 1–14–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–0552]
RIN 1625–AA08
Special Local Regulation; West Palm
Beach Triathlon Championship,
Intracoastal Waterway, West Palm
Beach, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
issue a special local regulation on the
waters of the Intracoastal Waterway, in
West Palm Beach, Florida, during the
West Palm Beach Triathlon
Championship, on Saturday, June 1,
2013. Approximately 1,500 participants
are anticipated to participate in the
triathlon. The special local regulation is
necessary to ensure the safety of the
triathlon participants, participant
vessels, and the general public during
the swim portion of the event. Persons
and vessels, except those participating
SUMMARY:
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Proposed Rules
in the event, 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.
Comments and related material
must be received by the Coast Guard on
or before March 1, 2012. Requests for
public meetings must be received by the
Coast Guard on or before January 20,
2012.
DATES:
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
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:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
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of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–0552 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2012–0552 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
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in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before January 20, 2012
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure the safety of life and property on
navigable waters of the United States
during the West Palm Beach Triathlon
Championship.
C. Discussion of Proposed Rule
On June 1, 2013, Game One Sports
Marketing Group is hosting the West
Palm Beach Triathlon Championship.
The races will be held on the waters of
the Intracoastal Waterway, in West Palm
Beach, Florida. Approximately 1,500
participants are anticipated to
participate in the triathlons. No
spectator vessels are anticipated to be
present during the races.
The special local regulation
encompasses certain navigable waters of
the Intracoastal Waterway in West Palm
Beach, Florida. The special local
regulation will be enforced from 6:30
a.m. until 8:30 a.m. on June 1, 2013. All
persons and vessels, except those
participating in the races, 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.
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. The Coast
Guard will provide notice of the special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
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and on-scene designated
representatives.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed
rule is not significant for the following
reasons: (1) The special local regulation
will be enforced for a maximum of two
hours; (2) non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated areas during the respective
enforcement period if authorized by the
Captain of the Port Miami or a
designated representative; (3) nonparticipant persons and vessels not
authorized to enter, transit through,
anchor in, or remain within the
regulated areas may operate in the
surrounding areas during the respective
enforcement period; 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.
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
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
Intracoastal Waterway encompassed
within the special local regulation from
6:30 a.m. until 8:30 a.m. on June 1,
2013. For the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
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significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
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aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
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) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed 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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
(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. 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 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.
(2) 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 6:30 a.m. until 8:30
a.m. on June 1, 2013.
Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–00515 Filed 1–14–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0552
to read as follows:
■
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§ 100.35T07–0552 Special Local
Regulation; West Palm Beach Triathlon
Championship, Intracoastal Waterway, West
Palm Beach, FL.
(a) Regulated area. The following
regulated area is established as a special
local regulation. All waters of the
Intracoastal Waterway in West Palm
Beach, Florida between the Flagler
Memorial Bridge to the Royal Palm Way
Bridge.
(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 area.
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Proposed Priority—National Institute
on Disability and Rehabilitation
Research—Disability and
Rehabilitation Research Project—
Inclusive Cloud and Web Computing
CFDA Number: 84.133A–01.
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority under the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, this
notice proposes a priority for a
Disability and Rehabilitation Research
Project (DRRP) on inclusive Cloud and
Web computing. The Assistant Secretary
may use this priority for competitions in
fiscal year (FY) 2013 and later years. We
SUMMARY:
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2919
take this action to focus research
attention on areas of national need. We
intend this priority to contribute to
improved employment outcomes for
individuals with disabilities.
DATES: We must receive your comments
on or before February 14, 2013.
ADDRESSES: Address all comments about
this notice to Marlene Spencer, U.S.
Department of Education, 400 Maryland
Avenue SW., room 5133, Potomac
Center Plaza (PCP), Washington, DC
20202–2700.
If you prefer to send your comments
by email, use the following address:
marlene.spencer@ed.gov. You must
include the phrase ‘‘Proposed Priority
for Inclusive Cloud and Web
Computing’’ in the subject line of your
electronic message.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer. Telephone: (202) 245–
7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: This
proposed priority is in concert with
NIDRR’s Long-Range Plan (Plan). The
Plan, which was published in the
Federal Register on February 15, 2006
(71 FR 8165), can be accessed on the
Internet at the following site:
www2.ed.gov/legislation/FedRegister/
other/2006-1/021506d.pdf.
Through the implementation of the
Plan, NIDRR seeks to: (1) Improve the
quality and utility of disability and
rehabilitation research; (2) foster an
exchange of expertise, information, and
training methods to facilitate the
advancement of knowledge and
understanding of the unique needs of
traditionally underserved populations;
(3) determine best strategies and
programs to improve rehabilitation
outcomes for underserved populations;
(4) identify research gaps; (5) identify
mechanisms for integrating research and
practice; and (6) disseminate findings.
This notice proposes a priority that
NIDRR intends to use for a DRRP
competition in FY 2013 and possibly
later years. However, nothing precludes
NIDRR from publishing additional
priorities, if needed. Furthermore,
NIDRR is under no obligation to make
an award using this priority. The
decision to make an award will be based
on the quality of applications received
and available funding.
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect in developing the
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]]>Agencies
[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Proposed Rules]
[Pages 2916-2919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00515]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0552]
RIN 1625-AA08
Special Local Regulation; West Palm Beach Triathlon Championship,
Intracoastal Waterway, West Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to issue a special local regulation
on the waters of the Intracoastal Waterway, in West Palm Beach,
Florida, during the West Palm Beach Triathlon Championship, on
Saturday, June 1, 2013. Approximately 1,500 participants are
anticipated to participate in the triathlon. The special local
regulation is necessary to ensure the safety of the triathlon
participants, participant vessels, and the general public during the
swim portion of the event. Persons and vessels, except those
participating
[[Page 2917]]
in the event, 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: Comments and related material must be received by the Coast
Guard on or before March 1, 2012. Requests for public meetings must be
received by the Coast Guard on or before January 20, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2012-0552 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2012-0552 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before January 20, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure the safety of life and property on navigable waters
of the United States during the West Palm Beach Triathlon Championship.
C. Discussion of Proposed Rule
On June 1, 2013, Game One Sports Marketing Group is hosting the
West Palm Beach Triathlon Championship. The races will be held on the
waters of the Intracoastal Waterway, in West Palm Beach, Florida.
Approximately 1,500 participants are anticipated to participate in the
triathlons. No spectator vessels are anticipated to be present during
the races.
The special local regulation encompasses certain navigable waters
of the Intracoastal Waterway in West Palm Beach, Florida. The special
local regulation will be enforced from 6:30 a.m. until 8:30 a.m. on
June 1, 2013. All persons and vessels, except those participating in
the races, 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.
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. The Coast Guard will provide notice of the
special local regulation by Local Notice to Mariners, Broadcast Notice
to Mariners,
[[Page 2918]]
and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed rule is not significant for
the following reasons: (1) The special local regulation will be
enforced for a maximum of two hours; (2) non-participant persons and
vessels may enter, transit through, anchor in, or remain within the
regulated areas during the respective enforcement period if authorized
by the Captain of the Port Miami or a designated representative; (3)
non-participant persons and vessels not authorized to enter, transit
through, anchor in, or remain within the regulated areas may operate in
the surrounding areas during the respective enforcement period; 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 Intracoastal Waterway encompassed within the special
local regulation from 6:30 a.m. until 8:30 a.m. on June 1, 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
[[Page 2919]]
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed 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) of Figure 2-1 of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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 proposes
to amend 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. 100.35T07-0552 to read as follows:
Sec. 100.35T07-0552 Special Local Regulation; West Palm Beach
Triathlon Championship, Intracoastal Waterway, West Palm Beach, FL.
(a) Regulated area. The following regulated area is established as
a special local regulation. All waters of the Intracoastal Waterway in
West Palm Beach, Florida between the Flagler Memorial Bridge to the
Royal Palm Way Bridge.
(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 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. 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 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.
(2) 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 6:30 a.m.
until 8:30 a.m. on June 1, 2013.
Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-00515 Filed 1-14-13; 8:45 am]
BILLING CODE 9110-04-P
