Special Local Regulation; New River Raft Race, New River; Fort Lauderdale, FL, 17087-17090 [2013-06451]
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Rules and Regulations
PART 14 [AMENDED]
2. Part 14 is amended by removing the
words ‘‘the Board of Tea Experts’’
wherever they appear; by removing the
word ‘‘chairman’’ wherever it appears
and adding in its place ‘‘Chairperson’’;
by removing the word ‘‘chairman’s’’
wherever it appears and adding in its
place ‘‘Chairperson’s’’; by removing the
phrase ‘‘the act’’ and adding in its place
‘‘the FD&C Act’’; and by removing the
word ‘‘executive secretary’’ wherever it
appears and adding in its place
‘‘Designated Federal Officer.’’
■ 3. Amend § 14.1 by revising
paragraphs (a) introductory text,
(a)(2)(vii), and (f) to read as follows:
■
§ 14.1
Scope.
(a) This part governs the procedures
when any of the following applies:
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(2) * * *
(vii) Section 514(b)(5) of the FD&C
Act on establishment, amendment, or
revocation of a device performance
standard;
*
*
*
*
*
(f) This part applies to all FDA
advisory committees, except to the
extent that specific statutes require
otherwise for a particular committee, for
example, TEPRSSC and advisory
committees established under the
Medical Device Amendments of 1976.
■ 4. Amend § 14.22 by revising
paragraphs (b)(6) and (i)(4) to read as
follows:
§ 14.22 Meetings of an advisory
committee.
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(b) * * *
(6) The committee is concerned with
matters that functionally or historically
occur in some other location, e.g., the
Science Advisory Board of the National
Center for Toxicological Research will
generally hold meetings in the Little
Rock, AR, vicinity.
*
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(i) * * *
(4) Notes or minutes kept or reports
prepared by a committee member have
no status or effect unless adopted into
the official minutes or report by the
committee.
■ 5. Amend § 14.55 by removing
paragraph (d); redesignating paragraphs
(e) and (f) as paragraphs (d) and (e),
respectively; and revising paragraph (c)
and newly redesignated paragraph (d) to
read as follows:
§ 14.55 Termination of advisory
committees.
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(c) TEPRSSC is a permanent statutory
advisory committee established by
section 358(f)(1)(A) of the Public Health
Service Act, as added by the Radiation
Control for Health and Safety Act of
1968, transferred to the FD&C Act (21
U.S.C. 360kk(f)(1)(A)), and is not subject
to termination and renewal under
paragraph (a) of this section, except that
a new charter is prepared and filed at
the end of each 2-year period as
provided in § 14.40(c). Also, the
statutory medical device classification
panels established under section
513(b)(1) of the FD&C Act (21 U.S.C.
360c(b)(1)) and part 860, and the
statutory medical device good
manufacturing practice advisory
committees established under section
520(f)(3) of the FD&C Act (21 U.S.C.
360j(f)(3)), are specifically exempted
from the normal 2-year duration period.
(d) Color additive advisory
committees are required to be
established under the circumstances
specified in sections 721(b)(5)(C) and
(D) of the FD&C Act (21 U.S.C.
379e(b)(5)(C) and (D)). A color additive
advisory committee is subject to the
termination and renewal requirements
of the Federal Advisory Committee Act
and of this part.
*
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■ 6. Amend § 14.65 by revising
paragraph (a) to read as follows:
§ 14.65 Public inquiries and requests for
advisory committee records.
(a) Public inquiries on general
committee matters, except requests for
records, are to be directed to the
Committee Management Officer in the
Advisory Committee Oversight and
Management Staff, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 32, Rm. 5103, Silver Spring,
MD 20993.
*
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§ 14.120
[Amended]
7. Amend § 14.120 by removing
‘‘Radiation Control for Health and
Safety Act of 1968 (42 U.S.C.
263f(f)(1)(A))’’ and adding in its place
‘‘Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360kk(f)(1)(A)).’’
■
§ 14.122
[Amended]
8. Amend § 14.122 by removing ‘‘42
U.S.C. 263f’’ and adding in its place ‘‘21
U.S.C. 360kk’’ in paragraphs (a)(2) and
(b).
■
§ 14.125
[Amended]
9. Amend § 14.125 by removing ‘‘42
U.S.C. 263f (f)(1)(A)’’ and adding in its
place ‘‘21 U.S.C. 360kk(f)(1)(A)’’ in
paragraph (c).
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§ 14.130
17087
[Amended]
10. Amend § 14.130 by removing ‘‘42
U.S.C. 263f (f)(1)(B)’’ and adding in its
place ‘‘21 U.S.C. 360kk(f)(1)(B)’’ in
paragraph (a).
■
Dated: March 13, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–06354 Filed 3–19–13; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0047]
RIN 1625–AA08
Special Local Regulation; New River
Raft Race, New River; Fort Lauderdale,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a special local regulation on
the New River in Fort Lauderdale,
Florida during the Rotary Club of Fort
Lauderdale New River Raft Race, on
Saturday, March 23, 2013. The special
local regulation is necessary to ensure
the safety of the participants, participant
vessels, and the general public during
the event. Persons and vessels, except
those participating 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: This rule will is effective from 12
p.m. until 1:30 p.m. on March 23, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0047. To view documents
mentioned in this preamble as being
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
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Rules and Regulations
Department, U.S. 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 Barbara
Hairston, 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 it is
impracticable. The Coast Guard did not
receive necessary event information in
regards to the event location until
January 22, 2013.
Under 5 U.S.C. 553(d)(3), for the same
reasons as above, the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register. Any
delay in the effective date of this rule
would be impracticable and 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.
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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
a navigable waterway of the United
States during the Rotary Club of Fort
Lauderdale New River Raft Race.
On March 23, 2013, Fort Lauderdale
Rotary Club is sponsoring the Rotary
Club of Fort Lauderdale New River Raft
Race. The race will be held on the
waters of the New River in Fort
Lauderdale, Florida. Approximately 20–
25 participants are expected to attend
the race. No spectator vessels are
expected.
This special local regulation is
necessary to ensure the safety of the
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participants, participant vessels, and the
general public during the event.
C. Discussion of the Final Rule
This special local regulation
encompasses certain navigable waters of
the New River in Fort Lauderdale,
Florida. The special local regulation
will be effective from 12 p.m. until 1:30
p.m. on March 23, 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,
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 one
and a half hours; (2) non-participant
persons and vessels may enter, transit
through, anchor in, or remain within the
regulated area during the respective
enforcement period if authorized by the
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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 area 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
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 would 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
any of the regulated areas during the
respective enforcement period. 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 (Public Law 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.
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–
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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
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 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.
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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
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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.
requirements, Security Measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
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.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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 regatta or marine
parade to ensure the safety of race
participants, participant vessels,
spectators, and the general public
during the 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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
2. Add a temporary § 100.35T07–0047
to read as follows:
■
§ 100.35T07–0047 Special Local
Regulation; Rotary Club of Fort Lauderdale
New River Raft Race, New River, Fort
Lauderdale, FL.
(a) Regulated Area. All waters of the
New River contained within the
following points: starting at Point 1 in
position 26°07′11″ N, 80°08′52″ W;
thence southeast along the shoreline to
Point 2 in position 26°07′05″ N,
80°08′34″ W; thence southwest across
the river to Point 3 in position 26°07′04″
N, 80°08′35″ W thence northwest along
the shoreline to Point 4 in position
26°07′08″ N, 80°08′52″ W; thence north
back across the river to origin. 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
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
participating in the event.
(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
via telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to seek 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.
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(3) The Coast Guard will provide
notice of the regulated area via Local
Notice to Mariners, Broadcast Notice to
Mariners and by on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 12:00 p.m. until 1:30 p.m.
on March 23, 2013.
Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2013–06451 Filed 3–19–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0357]
RIN 1625–AA09
Drawbridge Operation Regulation;
Elizabeth River, Eastern Branch,
Norfolk, VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is adopting
an interim drawbridge rule published in
August 2012 as a final rule for the
Berkley (I–264) Bridge, at mile 0.4,
across the Eastern Branch of the
Elizabeth River, Norfolk, VA. This rule,
allowing only four scheduled bridge
openings during the day, is necessary to
alleviate heavy vehicular traffic delays
throughout the day and secondary
congestion during the afternoon rush
hour, while still providing for the
reasonable needs of navigation.
DATES: Effective April 19, 2013.
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–2012–
0357 and are available online by going
to www.regulations.gov, and inserting
USCG–2012–0357 in the ‘‘Search’’ 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 rule, call or
email Terrance A. Knowles, Bridge
Administration Branch, Fifth Coast
Guard District, telephone (757) 398–
6587, email
terrance.a.knowles@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
VDOT Virginia Department of
Transportation
VMA Virginia Maritime Association
A. Regulatory History and Information
On August 30, 2012, we published an
interim rule (IR) entitled, ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (77 FR 52599). We
received 545 comments on the proposed
rule. No public meeting was requested,
and none was held.
Other Related Regulatory Action: The
following table describes regulatory
actions related to this bridge. A
discussion of those actions follows.
TABLE 1—RULEMAKINGS
Date
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10/09/2009
10/09/2009
03/03/2010
03/03/2010
08/06/2010
08/30/2012
Action
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
On October 9, 2009, we published a
notice of temporary deviation request
for comments entitled; ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (74 FR 52143) and a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulation; Elizabeth River, Eastern
Branch, Norfolk, VA’’ in the Federal
Register (74 FR 52158). We received 861
comments for both the temporary
deviation and NPRM. No public meeting
was requested then, and none was held.
On March 3, 2010, we published a
notice of temporary deviation request
for comments entitled; ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, VA’’ in the Federal
Register (75 FR 9521) and a
supplemental notice of proposed
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FR Cite
Temporary Deviation .............................................
Proposed Rulemaking (NPRM) ............................
Temporary Deviation .............................................
Supplemental NPRM ............................................
Temporary Final Rule ...........................................
Interim Rule ...........................................................
rulemaking (SNPRM) entitled
‘‘Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Norfolk, VA’’ in the Federal Register (75
FR 9557). That time we received four
comments on the published deviation
and SNPRM. No public meeting was
requested then, and none was held.
On August 6, 2010, we published a
temporary final rule entitled
‘‘Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Norfolk, VA’’ in the Federal Register (75
FR 47461) that temporarily changed the
drawbridge operation regulations
effective from 9 a.m. on September 4,
2010, until 2:30 p.m. on October 5,
2012.
The establishment of the recent
interim rule, effective since October 6,
2012, and the previous temporary final
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74
74
75
75
75
77
FR
FR
FR
FR
FR
FR
52143 .........
52158 .........
9521 ...........
9557 ...........
47461 .........
52599 .........
Drawbridge
operation regs.
(Docket No.)
USCG–2009–0754.
USCG–2009–0754.
USCG–2010–0083.
USCG–2009–0754.
USCG–2009–0754.
USCG–2012–0357.
rule, with its similar operating rules/
provisions, which was in effect since
September 4, 2010, did not place any
additional constraints on the waterway
users because mariners already used the
temporary schedule for almost two years
and could still plan their trips in
accordance with the scheduled bridge
openings. Any operating schedule that
would revert back to the previous ondemand operation of the drawbridge
would produce a tremendous amount of
delay. Prior to these four scheduled
daytime openings, delays for motorists
were unpredictable and were expected
to increase with population growth and
any increase in associated traffic.
B. Basis and Purpose
VDOT, which owns and operates the
bascule-type Berkley Bridge, requested a
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]]>Agencies
[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17087-17090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06451]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0047]
RIN 1625-AA08
Special Local Regulation; New River Raft Race, New River; Fort
Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the New River in Fort Lauderdale, Florida during the Rotary Club of
Fort Lauderdale New River Raft Race, on Saturday, March 23, 2013. The
special local regulation is necessary to ensure the safety of the
participants, participant vessels, and the general public during the
event. Persons and vessels, except those participating 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: This rule will is effective from 12 p.m. until 1:30 p.m. on
March 23, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0047. To view documents mentioned in this preamble as being
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
[[Page 17088]]
Department, U.S. 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 Barbara Hairston, 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 it is impracticable. The Coast Guard
did not receive necessary event information in regards to the event
location until January 22, 2013.
Under 5 U.S.C. 553(d)(3), for the same reasons as above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Any delay in
the effective date of this rule would be impracticable and 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 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 a navigable
waterway of the United States during the Rotary Club of Fort Lauderdale
New River Raft Race.
On March 23, 2013, Fort Lauderdale Rotary Club is sponsoring the
Rotary Club of Fort Lauderdale New River Raft Race. The race will be
held on the waters of the New River in Fort Lauderdale, Florida.
Approximately 20-25 participants are expected to attend the race. No
spectator vessels are expected.
This special local regulation is necessary to ensure the safety of
the participants, participant vessels, and the general public during
the event.
C. Discussion of the Final Rule
This special local regulation encompasses certain navigable waters
of the New River in Fort Lauderdale, Florida. The special local
regulation will be effective from 12 p.m. until 1:30 p.m. on March 23,
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, 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 one and a half
hours; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area 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 area 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
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 would 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 any of
the regulated areas during the respective enforcement period. 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 (Public Law 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.
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-
[[Page 17089]]
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
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 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 regatta or marine parade to ensure the safety of
race participants, participant vessels, spectators, and the general
public during the 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, 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.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
2. Add a temporary Sec. 100.35T07-0047 to read as follows:
Sec. 100.35T07-0047 Special Local Regulation; Rotary Club of Fort
Lauderdale New River Raft Race, New River, Fort Lauderdale, FL.
(a) Regulated Area. All waters of the New River contained within
the following points: starting at Point 1 in position 26[deg]07'11'' N,
80[deg]08'52'' W; thence southeast along the shoreline to Point 2 in
position 26[deg]07'05'' N, 80[deg]08'34'' W; thence southwest across
the river to Point 3 in position 26[deg]07'04'' N, 80[deg]08'35'' W
thence northwest along the shoreline to Point 4 in position
26[deg]07'08'' N, 80[deg]08'52'' W; thence north back across the river
to origin. 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 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 participating in the event.
(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 via telephone at 305-535-4472, or a designated
representative via VHF radio on channel 16, to seek 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.
[[Page 17090]]
(3) The Coast Guard will provide notice of the regulated area via
Local Notice to Mariners, Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Effective Date. This rule is effective from 12:00 p.m. until
1:30 p.m. on March 23, 2013.
Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-06451 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-04-P
