Special Local Regulations; Jacksonville Dragon Boat Festival; St. Johns River; Jacksonville, FL, 57063-57066 [2013-22596]
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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.
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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.
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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
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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:
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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 https://
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
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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
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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
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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
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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.
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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).
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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
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17SER1
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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.
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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
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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.
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]]>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]
-----------------------------------------------------------------------
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.
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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
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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 https://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
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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
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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
