Special Local Regulations; Jacksonville Dragon Boat Festival; St. Johns River; Jacksonville, FL, 57063-57066 [2013-22596]

Download as PDF Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations 14. Environment 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. mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:48 Sep 16, 2013 Jkt 229001 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 the creation of a special local regulation in conjunction with a regatta or marine parade, and is categorically excluded from further review under paragraph 34(h) 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, Security measures, and 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: ■ 2. Add a temporary § 100.35T07–0180 to read as follows: ■ § 100.35T07–0180 Special Local Regulation; Red Bull Flugtag, Biscayne Bay; Miami, FL. (a) Regulated Area. The following regulated area is established as a special local regulation. All coordinates are North American Datum 1983. All waters of Biscayne Bay, Miami, FL, between Bayfront Park and the IntercontinentalMiami Hotel encompassed within the following points: starting at point 1 in position 25°46′32″ N, 80°11′06″ W; thence southeast to point 2 in position 25°46′30″ N, 80°11′04″ W; thence south to point 3 in position 25°46′26″ N, 80°11′04″ W; thence southwest to point 4 in position 25°46′25″ N, 80°11′06″ W; thence north back to origin. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Frm 00031 Fmt 4700 Sfmt 4700 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) Regulation. (1) All non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the event area without authorization from the Captain of the Port Miami or a designated representative via VHF radio on channel 16. (2) Non-participant 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. If authorization to transit through or anchor in 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. (d) Enforcement Date. This rule will be enforced from 9:30 a.m. until 6:30 p.m. on September 21, 2013. Dated: August 28, 2013. J.B. Pruett, Captain, U.S. Coast Guard, Acting Captain of the Port Miami. [FR Doc. 2013–22610 Filed 9–16–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Authority: 33 U.S.C. 1233. PO 00000 57063 33 CFR Part 100 [Docket Number USCG–2013–0652] RIN 1625–AA08 Special Local Regulations; Jacksonville Dragon Boat Festival; St. Johns River; Jacksonville, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a Special Local Regulation on the waters of the St. Johns River in Jacksonville, Florida during the Jacksonville Dragon Boat Festival, a series of paddle boat races. The event is scheduled to take place on Saturday, September 21, 2013. The race course will be set up on Friday, September 20, 2013. Approximately eight 48 foot paddle boats will participate in the races and approximately 20 spectator SUMMARY: E:\FR\FM\17SER1.SGM 17SER1 57064 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations vessels are expected to attend the event. The Special Local Regulation will establish a regulated area that consists of a race area and a buffer zone that will temporarily restrict vessel traffic in a portion of the St. Johns River. Nonparticipant persons and vessels will be prohibited from entering or transiting through the area unless authorized by the Captain of the Port Jacksonville or a designated representative. DATES: This rule is effective from 8 a.m. until 6 p.m. on September 20–21, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0652. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box, and then 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 temporary final rule, call or email Lieutenant Commander Robert Butts, Sector Jacksonville Office of Waterways Management, Coast Guard; telephone (904) 564–7563, email Robert.S.Butts@ uscg.mil. If you have questions on viewing 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 mstockstill on DSK4VPTVN1PROD with RULES A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because there is not sufficient time remaining to publish an NPRM and to receive public comments prior to the event. Any delay VerDate Mar<15>2010 16:48 Sep 16, 2013 Jkt 229001 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. Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. 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 safety of life on navigable waters of the United States during the Jacksonville Dragon Boat Festival. 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 temporary final rule is not significant for the following reasons: (1) The special local regulations will be enforced for a total of 20 hours over two days; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the race area without authorization from the Captain of the Port Jacksonville or a designated representative, they will be able to transit through the surrounding area during the enforcement period; (3) persons and vessels will still be able to enter, transit through, anchor in, or remain within the race area if authorized by the Captain of the Port Jacksonville or a designated representative; 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. C. Discussion of the Final Rule On Saturday, September 21, 2013, In the Pink Boutique, Inc. will host the Jacksonville Dragon Boat Festival, a series of boat races. The Race Area will be set up on September 20, 2013 between the hours of 8:00 a.m. and 6:00 p.m. The event will be held on the waters of the St. Johns River, Florida. Approximately 8 boats are anticipated to participate in the races. It is anticipated that at least 20 spectator vessels will be present during the event. The rule will establish special local regulations that encompass certain waters of the St. Johns River, Jacksonville, Florida. The special local regulations will be enforced from 8 a.m. until 6:00 p.m. on September 21, 2013. The special local regulations will consist of the following areas: A race area, where all persons and vessels, except those persons and vessels participating in the races, are prohibited from entering, transiting, anchoring, or remaining and a buffer zone where all persons vessels, except those persons and vessels participating in the races wishing to transit through the buffer zone must do so at bare steerageway. Persons and vessels will be able to request authorization to enter, transit through, anchor in, or remain within the race area by contacting the Captain of the Port Jacksonville by telephone at (904) 564–7513, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the race area is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization are required to comply with the instructions of the Captain of the Port Jacksonville or a designated representative. The Coast Guard will provide notice of the regulated areas by Local Notice to PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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. 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 E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations entities: the owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the St. Johns River encompassed within the special local regulations from 8 a.m. until 6:00 p.m. on September 20–21, 2013. For the reasons discussed in the Regulatory Planning and Review section above, this rule would 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 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– 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. mstockstill on DSK4VPTVN1PROD with RULES 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). 16:48 Sep 16, 2013 Jkt 229001 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. 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 concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a special local regulation issued in conjunction with a regatta or marine parade. 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. 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. List of Subjects in 33 CFR Part 100 Harbors, 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: ■ 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 State, 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 VerDate Mar<15>2010 analyzed this rule under that Order and have determined that it does not have implications for federalism. 57065 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. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35T07–0652 to read as follows: ■ § 100.35T07–0652 Special Local Regulations; Jacksonville Dragon Boat Festival; St. Johns River; Jacksonville, FL. (a) Regulated Areas. The following regulated areas are established. All coordinates are North American Datum 1983. (1) Race Area. All waters of the St. Johns River located in downtown E:\FR\FM\17SER1.SGM 17SER1 mstockstill on DSK4VPTVN1PROD with RULES 57066 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations Jacksonville, FL encompassed within an imaginary line connecting the following points: starting at Point 1 in position 30°19′26.61″ N, 81°39′46.45″ W; thence south to Point 2 in position 30°19′22.90″ N, 81°39′47.03″ W; thence east to Point 3 in position 30°19′22.27″ N, 81°39′32.14″ W; thence north to Point 4 in position 30°19′26.16″ N, 81°39′31.69″ W; thence west back to origin. (2) Buffer Zone. All waters of the St. Johns River located in downtown Jacksonville, FL encompassed within an imaginary line connecting the following points: starting at Point 1 in position 30°19′26.14″ N, 81°39′49.48″ W; thence south to Point 2 in position 30°19′21.23″ N, 81°39′47.63″ W; thence east to Point 3 in position 30°19′19.91″ N, 81°39′28.36″ W; thence north to Point 4 in position 30°19′25.96″ N, 81°39′27.97″ W; thence west along the shoreline back to origin. (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 Jacksonville in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from: (i) Entering, transiting through, anchoring in, or remaining within Race Area unless an authorized race participant. (ii) Anchoring in, or remaining within the buffer zone, unless enforcing the buffer zone or a race participant transiting to the race area. Vessels wishing to transit through the buffer zone must do so at bare steerageway. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the Port Jacksonville by telephone at (904) 564– 7513, or a designated representative via VHF radio on channel 16, to request authorization. If authorization is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville 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 Period. This rule will be enforced daily from 8 a.m. until 6:00 p.m. on September 20, 2013 through September 21, 2013. VerDate Mar<15>2010 16:48 Sep 16, 2013 Jkt 229001 Dated: August 28, 2013. T.G. Allan, Jr., Captain, U.S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. 2013–22596 Filed 9–16–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Parts 75 and 371 [Catalog of Federal Domestic Assistance (CFDA) Number: 84.250C and 84.250D] Final Waivers and Extensions of Project Periods; American Indian Vocational Rehabilitation Services (AIVRS) Program Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Final waivers and extensions of project periods. AGENCY: The Secretary waives the regulations that generally limit project periods to 60 months and that restrict project period extensions involving the obligation of additional Federal funds. As a result, for the 60-month projects initially funded in fiscal years (FYs) 2007 and 2008 under the AIVRS program, the Secretary is extending the project periods until September 30, 2014. DATES: Effective September 17, 2013. FOR FURTHER INFORMATION CONTACT: August Martin, U.S. Department of Education, 400 Maryland Avenue SW., Room 5049, Potomac Center Plaza (PCP), Washington, DC 20202–2800. Telephone: (202) 245–7410. 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: On June 11, 2013, the Department published a notice in the Federal Register (78 FR 34962) inviting comments on the Department’s proposal to make certain AIVRS grants effective for more than 60 months under the authority of Section 121(b)(3) of the Rehabilitation Act of 1973, as amended (the Act). The Secretary proposed to waive the requirements of 34 CFR 75.250, which generally limit project periods to 60 months, and of 34 CFR 75.261(c)(2), which restrict project period extensions involving the obligation of additional Federal funds. The Secretary also proposed to extend the project period for the 32 AIVRS grantees from October 1, 2013, through September 30, 2014. SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 The proposed waivers and extensions would enable the 32 AIVRS grantees to request, and continue to receive, Federal funds beyond the 60-month limitation set by 34 CFR 75.250. There are no substantive differences between the proposed and final waivers and extensions. Public Comment In the June 11, 2013, notice for the AIVRS program, the Secretary invited comments on the effect these proposed waivers and extensions may have on the AIVRS program and on potential applicants for grant awards responding to any new AIVRS notice inviting applications (NIA), should there be one. We received comments from three commenters, all of whom supported the Department’s proposal. In addition, one of the three commenters raised four concerns. Generally, we do not address technical and other minor changes. In addition, we do not address general comments that raise concerns not directly related to the proposed waivers and extensions. Analysis of Comments and Changes Comment: One commenter raised a concern about how a recent GAO report would affect the ability of current AIVRS grantees that do not have Federal or State reservations to continue serving tribal members with disabilities. The commenter also was concerned about the ‘‘effect on the capacity and available resources for those tribes who will be determined ‘ineligible’ to receive RSA 121 funds to prepare its tribal members with disabilities for gainful employment.’’ (The reference to ‘‘121 funds’’ refers to the section of the Act that authorizes the governing bodies and consortia of governing bodies of Indian Tribes to receive Federal assistance in order to provide vocational rehabilitation services to American Indians with disabilities.) Discussion: This comment addresses an issue that is outside the scope of this notice. The Department published a notice of tribal consultation and request for comment in the Federal Register (78 FR 40458) on July 5, 2013. That notice specifically invited comments on the effect of a possible change in how the Department interprets the definition of the term ‘‘reservation’’ that is used to determine eligibility for a grant under the AIVRS program. The comment period for this notice closed on September 3, 2013. This comment will be considered as a response to the Department’s request for comment under the Notice of Tribal Consultation. Changes: None. E:\FR\FM\17SER1.SGM 17SER1

Agencies

[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57063-57066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0652]
RIN 1625-AA08


Special Local Regulations; Jacksonville Dragon Boat Festival; St. 
Johns River; Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a Special Local Regulation on 
the waters of the St. Johns River in Jacksonville, Florida during the 
Jacksonville Dragon Boat Festival, a series of paddle boat races. The 
event is scheduled to take place on Saturday, September 21, 2013. The 
race course will be set up on Friday, September 20, 2013. Approximately 
eight 48 foot paddle boats will participate in the races and 
approximately 20 spectator

[[Page 57064]]

vessels are expected to attend the event. The Special Local Regulation 
will establish a regulated area that consists of a race area and a 
buffer zone that will temporarily restrict vessel traffic in a portion 
of the St. Johns River. Non-participant persons and vessels will be 
prohibited from entering or transiting through the area unless 
authorized by the Captain of the Port Jacksonville or a designated 
representative.

DATES: This rule is effective from 8 a.m. until 6 p.m. on September 20-
21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0652. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box, and then 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 
temporary final rule, call or email Lieutenant Commander Robert Butts, 
Sector Jacksonville Office of Waterways Management, Coast Guard; 
telephone (904) 564-7563, email Robert.S.Butts@uscg.mil. If you have 
questions on viewing 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 temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is not sufficient time 
remaining to publish an NPRM and to receive public comments prior to 
the event. Any delay in the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
minimize potential danger to the race participants, participant 
vessels, spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication 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 safety of life on navigable waters of the United 
States during the Jacksonville Dragon Boat Festival.

C. Discussion of the Final Rule

    On Saturday, September 21, 2013, In the Pink Boutique, Inc. will 
host the Jacksonville Dragon Boat Festival, a series of boat races. The 
Race Area will be set up on September 20, 2013 between the hours of 
8:00 a.m. and 6:00 p.m. The event will be held on the waters of the St. 
Johns River, Florida. Approximately 8 boats are anticipated to 
participate in the races. It is anticipated that at least 20 spectator 
vessels will be present during the event.
    The rule will establish special local regulations that encompass 
certain waters of the St. Johns River, Jacksonville, Florida. The 
special local regulations will be enforced from 8 a.m. until 6:00 p.m. 
on September 21, 2013. The special local regulations will consist of 
the following areas: A race area, where all persons and vessels, except 
those persons and vessels participating in the races, are prohibited 
from entering, transiting, anchoring, or remaining and a buffer zone 
where all persons vessels, except those persons and vessels 
participating in the races wishing to transit through the buffer zone 
must do so at bare steerageway. Persons and vessels will be able to 
request authorization to enter, transit through, anchor in, or remain 
within the race area by contacting the Captain of the Port Jacksonville 
by telephone at (904) 564-7513, or a designated representative via VHF 
radio on channel 16. If authorization to enter, transit through, anchor 
in, or remain within the race area is granted by the Captain of the 
Port Jacksonville or a designated representative, all persons and 
vessels receiving such authorization are required to comply with the 
instructions of the Captain of the Port Jacksonville or a designated 
representative. 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. 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 temporary final rule is not significant 
for the following reasons: (1) The special local regulations will be 
enforced for a total of 20 hours over two days; (2) although persons 
and vessels will not be able to enter, transit through, anchor in, or 
remain within the race area without authorization from the Captain of 
the Port Jacksonville or a designated representative, they will be able 
to transit through the surrounding area during the enforcement period; 
(3) persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the race area if authorized by the Captain 
of the Port Jacksonville or a designated representative; 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

[[Page 57065]]

entities: the owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the St. 
Johns River encompassed within the special local regulations from 8 
a.m. until 6:00 p.m. on September 20-21, 2013. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule would 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 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 1-888-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 State, 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 have 
determined that it 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a special local regulation issued in 
conjunction with a regatta or marine parade. 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, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35T07-0652 to read as follows:


Sec.  100.35T07-0652  Special Local Regulations; Jacksonville Dragon 
Boat Festival; St. Johns River; Jacksonville, FL.

    (a) Regulated Areas. The following regulated areas are established. 
All coordinates are North American Datum 1983.
    (1) Race Area. All waters of the St. Johns River located in 
downtown

[[Page 57066]]

Jacksonville, FL encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 30[deg]19'26.61'' N, 
81[deg]39'46.45'' W; thence south to Point 2 in position 
30[deg]19'22.90'' N, 81[deg]39'47.03'' W; thence east to Point 3 in 
position 30[deg]19'22.27'' N, 81[deg]39'32.14'' W; thence north to 
Point 4 in position 30[deg]19'26.16'' N, 81[deg]39'31.69'' W; thence 
west back to origin.
    (2) Buffer Zone. All waters of the St. Johns River located in 
downtown Jacksonville, FL encompassed within an imaginary line 
connecting the following points: starting at Point 1 in position 
30[deg]19'26.14'' N, 81[deg]39'49.48'' W; thence south to Point 2 in 
position 30[deg]19'21.23'' N, 81[deg]39'47.63'' W; thence east to Point 
3 in position 30[deg]19'19.91'' N, 81[deg]39'28.36'' W; thence north to 
Point 4 in position 30[deg]19'25.96'' N, 81[deg]39'27.97'' W; thence 
west along the shoreline back to origin.
    (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 Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from:
    (i) Entering, transiting through, anchoring in, or remaining within 
Race Area unless an authorized race participant.
    (ii) Anchoring in, or remaining within the buffer zone, unless 
enforcing the buffer zone or a race participant transiting to the race 
area. Vessels wishing to transit through the buffer zone must do so at 
bare steerageway.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Jacksonville by telephone at (904) 564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization is granted by the Captain of the Port Jacksonville or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville 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 Period. This rule will be enforced daily from 8 
a.m. until 6:00 p.m. on September 20, 2013 through September 21, 2013.

    Dated: August 28, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-22596 Filed 9-16-13; 8:45 am]
BILLING CODE 9110-04-P