Special Local Regulation; Red Bull Flugtag Miami, Biscayne Bay; Miami, FL, 57061-57063 [2013-22610]
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Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations
regulatory authority of a State or other
political subdivision of the United
States on or before December 31, 1970,
and shall include:
(A) Financial statements in a form
acceptable to the Secretary, including a
balance sheet and a statement of
operations and retained earnings, a
statement of cash flows, an analysis of
the lender’s or mortgagee’s net worth
adjusted to reflect only assets acceptable
to the Secretary, and an analysis of
escrow funds; and
(B) Such other financial information
as the Secretary may require to
determine the accuracy and validity of
the audit report.
(ii) Submit a report on compliance
tests prescribed by the Secretary.
(c) Financial statement requirements
for small supervised lenders and
mortgagees.
(1) Definitions. For the purposes of
this section, the following definitions
apply:
(i) Federal banking agency means the
Board of Governors of the Federal
Reserve System; the Federal Deposit
Insurance Corporation; and the National
Credit Union Administration; or any
successor agency thereof.
(ii) Small supervised lender or
mortgagee means a supervised lender or
mortgagee possessing consolidated
assets below the threshold for required
audited financial reporting as
established by the federal banking
agency that is responsible for the
oversight of that supervised lender or
mortgagee.
(2) Financial statement requirements.
Small supervised lenders and
mortgagees shall not be subject to the
requirement to submit a copy of an
audited financial statement under
§ 202.5(g) and the audit report
requirements under paragraph (b)(4) of
this section. Small supervised lenders
and mortgagees are required, within 90
days of their fiscal year end, to furnish
to the Secretary the unaudited financial
regulatory report—a consolidated or
fourth quarter Report of Condition and
Income (Federal Financial Institutions
Examination Council forms 031 and
041, also known as the ‘‘Call Report’’),
a consolidated or fourth quarter Thrift
Financial Report, or a consolidated or
fourth quarter NCUA Call Report
(NCUA Form 5300 or 5310), or such
other financial regulatory report as may
be required—that aligns with the small
supervised lender’s or mortgagee’s fiscal
year end and that the small supervised
lender or mortgagee is required to
submit to their respective federal
banking agency.
(3) Requirement for audited financial
statement and other information based
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16:48 Sep 16, 2013
Jkt 229001
on determination of heightened risk to
the FHA insurance fund. If the Secretary
determines that a small supervised
lender or mortgagee poses a heightened
risk to the FHA insurance fund, the
lender or mortgagee must provide, upon
request, additional financial
documentation, up to and including an
audited financial statement, and other
information as the Secretary determines
necessary. The Secretary may determine
that a small supervised lender or
mortgagee poses a heightened risk to the
FHA insurance fund based upon, but
not limited to, one or more of the
following factors:
(i) Failing to provide required
financial submissions under
§ 202.6(c)(2) within the required 90-day
period following the lender’s or
mortgagee’s fiscal year end;
(ii) Maintaining insufficient adjusted
net worth or unrestricted liquid assets
as required by § 202.5(n);
(iii) Reporting opening cash and
equity balances that do not agree with
the prior year’s reported cash and equity
balances;
(iv) Experiencing an operating loss of
20 percent or greater of the lender’s or
mortgagee’s net worth for the annual
reporting period as governed by
§ 202.5(m)(1);
(v) Experiencing an increase in loan
volume over the prior 12-month period,
determined by the Secretary to be
significant;
(vi) Undertaking significant changes
to business operations, such as a merger
or acquisition; and
(vii) Other factors that the Secretary
considers appropriate in indicating a
heightened risk to the FHA insurance
fund.
57061
DEPARTMENT OF HOMELAND
SECURITY
The Coast Guard is
establishing a special local regulation on
the waters of Biscayne Bay, east of
Bayfront Park, in Miami, Florida, during
the Red Bull Flugtag. The Red Bull
Flugtag is scheduled to take place on
September 21, 2013. The event consists
of approximately 100 participants
launching 30 self-propelled flying
objects from a 30 foot ramp to the water
below. Approximately 100 spectator
vessels are anticipated to be at the
event. The special local regulation is
necessary to provide for the safety of the
participants, participant vessels,
spectators, and the general public on the
navigable waters of the United States
during the event. The special local
regulation will establish an event area,
where non-participant persons and
vessels are prohibited from entering,
transiting, anchoring, or remaining
within.
DATES: This rule will be enforced from
9:30 a.m. until 6:30 p.m. on September
21, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0180]. 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 Petty Officer John K. Jennings,
Sector Miami Prevention Department,
Coast Guard; telephone (305) 535–4317,
email john.k.jennings@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:
Coast Guard
Table of Acronyms
33 CFR Part 100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Dated: September 9, 2013.
Carol J. Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2013–22583 Filed 9–16–13; 8:45 am]
BILLING CODE 4210–67–P
[Docket Number USCG–2013–0180]
RIN 1625–AA08
Special Local Regulation; Red Bull
Flugtag Miami, Biscayne Bay; Miami,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
PO 00000
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Fmt 4700
Sfmt 4700
SUMMARY:
A. Regulatory History and Information
On July 3, 2013, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) entitled USCG–
2013–0180 Special Local Regulation;
Red Bull Flugtag Miami, Biscayne Bay;
Miami, FL in the Federal Register (78
FR 40079). We received no comments
E:\FR\FM\17SER1.SGM
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57062
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Rules and Regulations
on the proposed rule. No public meeting
was requested, and none was held.
Previously, temporary special local
regulations regarding this maritime
event have been published in the Code
of Federal Regulations at 33 CFR
100.701. No final rule has been
published in regards to this event. The
special local regulations are not new in
their entirety, but merely reflect updates
to certain details of the event.
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
provide for the safety of life on
navigable waters of the United States
during the Red Bull Flugtag.
mstockstill on DSK4VPTVN1PROD with RULES
C. Discussion of Comments, Changes,
and the Final Rule
On September 21, 2013, Red Bull
North America is sponsoring the Red
Bull Flugtag. The event will be held on
the waters of Biscayne Bay, Miami,
Florida. The event consists of
approximately 100 participants
launching 30 self-propelled flying
objects from a 30ft ramp to the water
below. Approximately 100 spectator
vessels are expected to attend the event.
The temporary final rule will
establish a special local regulation that
will encompass certain waters of
Biscayne Bay, Miami, Florida. The
special local regulation will be enforced
from 9:30 a.m. until 6:30 p.m. on
September 21, 2013. The special local
regulation establishes an event area,
where non-participant persons and
vessels are prohibited from entering,
transiting, anchoring, or remaining
within.
Non-participant persons and vessels
desiring to enter, transit through, anchor
in, or remain within the regulated area
may request authorization 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 enter,
transit through, anchor in, or remain
within the event area is granted by the
Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative. The Coast
Guard will provide notice of the
regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners
and on-scene designated
representatives.
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16:48 Sep 16, 2013
Jkt 229001
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 nine
hours; (2) non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated area during their respective
enforcement periods if authorized by
the Captain of the Port Miami or a
designated representative; (3) nonparticipant persons and vessels not able
to enter, transit through, anchor in, or
remain within the regulated area
without authorization from the Captain
of the Port Miami or a designated
representative may operate in the
surrounding areas during the
enforcement periods; and (4) the Coast
Guard will provide advance notification
of the special local regulation to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
vessels intending to enter, transit
through, anchor in, or remain within the
regulated area 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 (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 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
E:\FR\FM\17SER1.SGM
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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.
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.
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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
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
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]]>Agencies
[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57061-57063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22610]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-0180]
RIN 1625-AA08
Special Local Regulation; Red Bull Flugtag Miami, Biscayne Bay;
Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida,
during the Red Bull Flugtag. The Red Bull Flugtag is scheduled to take
place on September 21, 2013. The event consists of approximately 100
participants launching 30 self-propelled flying objects from a 30 foot
ramp to the water below. Approximately 100 spectator vessels are
anticipated to be at the event. The special local regulation is
necessary to provide for the safety of the participants, participant
vessels, spectators, and the general public on the navigable waters of
the United States during the event. The special local regulation will
establish an event area, where non-participant persons and vessels are
prohibited from entering, transiting, anchoring, or remaining within.
DATES: This rule will be enforced from 9:30 a.m. until 6:30 p.m. on
September 21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0180]. 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 Petty Officer John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone (305) 535-4317, email
john.k.jennings@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
On July 3, 2013, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled USCG-2013-0180 Special Local Regulation; Red
Bull Flugtag Miami, Biscayne Bay; Miami, FL in the Federal Register (78
FR 40079). We received no comments
[[Page 57062]]
on the proposed rule. No public meeting was requested, and none was
held. Previously, temporary special local regulations regarding this
maritime event have been published in the Code of Federal Regulations
at 33 CFR 100.701. No final rule has been published in regards to this
event. The special local regulations are not new in their entirety, but
merely reflect updates to certain details of the event.
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 provide for the safety of life on navigable waters of the
United States during the Red Bull Flugtag.
C. Discussion of Comments, Changes, and the Final Rule
On September 21, 2013, Red Bull North America is sponsoring the Red
Bull Flugtag. The event will be held on the waters of Biscayne Bay,
Miami, Florida. The event consists of approximately 100 participants
launching 30 self-propelled flying objects from a 30ft ramp to the
water below. Approximately 100 spectator vessels are expected to attend
the event.
The temporary final rule will establish a special local regulation
that will encompass certain waters of Biscayne Bay, Miami, Florida. The
special local regulation will be enforced from 9:30 a.m. until 6:30
p.m. on September 21, 2013. The special local regulation establishes an
event area, where non-participant persons and vessels are prohibited
from entering, transiting, anchoring, or remaining within.
Non-participant persons and vessels desiring to enter, transit
through, anchor in, or remain within the regulated area may request
authorization 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 enter, transit through, anchor in, or
remain within the event area is granted by the Captain of the Port
Miami or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the Captain of
the Port Miami or a designated representative. The Coast Guard will
provide notice of the regulated area 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 nine hours; (2) non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated area during their respective enforcement
periods if authorized by the Captain of the Port Miami or a designated
representative; (3) non-participant persons and vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Miami or a
designated representative may operate in the surrounding areas during
the enforcement periods; and (4) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
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 (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 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
[[Page 57063]]
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 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
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. 100.35T07-0180 to read as follows:
Sec. 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 Intercontinental-Miami Hotel encompassed within the following
points: starting at point 1 in position 25[deg]46'32'' N,
80[deg]11'06'' W; thence southeast to point 2 in position
25[deg]46'30'' N, 80[deg]11'04'' W; thence south to point 3 in position
25[deg]46'26'' N, 80[deg]11'04'' W; thence southwest to point 4 in
position 25[deg]46'25'' N, 80[deg]11'06'' W; thence north 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 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
