Safety Zone; 2013 Holiday Boat Parades, Captain of the Port Miami Zone; FL, 75899-75902 [2013-29524]
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Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Rules and Regulations
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of the safety zone
and its enforcement period via the Local
Notice to Mariners. If the Captain of the
Port determines that the regulated area
need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area.
Dated: November 26, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone; 2013 Holiday Boat
Parades, Captain of the Port Miami
Zone; FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing two temporary safety zones
during the month of December when
holiday boat parades are scheduled to
occur on the navigable waterways in the
vicinity of Palm Beach and Miami,
Florida. The safety zones consist of a
series of moving zones around
participant vessels as they transit the
navigable waters of the United States
during these events. The safety zones
are necessary to provide for the safety of
the participants, participant vessels, and
general public on the navigable waters
of the United States during the events.
Non-participant persons and vessels
will be prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zones
unless authorized by the Captain of the
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B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones and other limited access
areas: 33 U.S.C. 1231; 46 U.S.C. Chapter
701, 46 U.S.C. 3306, 3703; 50 U.S.C.
191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–
6, and 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
The purpose of the rule is to provide
for the safety of life on the navigable
waters during the holiday boat parades
in the Captain of the Port Miami Zone.
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 the
Coast Guard was waiting to receive all
boat parade event applications to
determine if other parades would need
a safety zone and did not receive
necessary information regarding all the
events until October 31, 2013. Special
local regulations for these events were
previously promulgated at 33 CFR
C. Discussion of Final Rule
Multiple marine parades are planned
for the holiday season throughout the
Captain of the Port Miami Zone. The
Coast Guard is establishing two safety
zones for marine parades during the
month of December, 2013 within the
navigable waters of the Captain of the
Port Miami Zone. The safety zones are
listed below.
1. Palm Beach, Florida. On December
7, 2013, Marine Industries Association
of Palm Beach County is sponsoring the
Palm Beach Holiday Boat Parade. The
marine parade will be held on the
waters of the Intracoastal Waterway in
Palm Beach, Florida. The marine parade
will consist of approximately 50 vessels.
The marine parade will begin at Lake
Worth Daymarker 28 in North Palm
Beach and end at the Loxahatchee River
Daymarker 7, east of the Glynn Mayo
Highway Bridge in Jupiter, Florida. A
special local regulation was previously
promulgated at 33 CFR 100.701;
however, the route and date of the 2013
Table of Acronyms
[Docket Number USCG–2013–0939]
SUMMARY:
100.701; however, the route and or date
of these events does not correspond
with the route and or date published in
the Code of Federal Regulations.
Furthermore, due to the diminishing
size of these events, through
participants or spectators, the Coast
Guard no longer deems these events as
needing a marine event permit or
special local regulation. The events
require a safety zone in order to ensure
safety of the marine parade participants
and the general public during the
parades. The Coast Guard had
insufficient time to publish an NPRM
and to receive public comments prior to
the issuance of this safety zone for these
events. Any delay in the effective date
of this rule would be contrary to the
public interest as immediate action is
needed to minimize potential danger to
the general public.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register for reasons stated above.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2013–29730 Filed 12–12–13; 8:45 am]
ACTION:
Port Miami or a designated
representative.
DATES: This rule is effective from
December 13, 2013 until December 14,
2013. For purposes of enforcement,
actual notice will be used from
December 7, 2013, until December 13,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0939]. 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 John K. Jennings, Sector Miami
Prevention Department, U.S. 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:
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marine parade does not correspond with
the route and date published in the
Code of Federal Regulations. Therefore,
the special local regulation set forth in
33 CFR 100.701 is inapplicable for this
year’s marine parade. The safety zone
consists of a moving zone extending 50
yards ahead of the lead parade vessel,
50 yards astern of the last participant
vessel, and 50 yards on either side of the
parade. Notice of the safety zone will be
provided prior to the marine parade by
Local Notice to Mariners and Broadcast
Notice to Mariners. The safety zone will
be enforced from 4:30 p.m. until 9:30
p.m. on December 7, 2013.
2. Miami, Florida. On December 14,
2013, Miami Outboard Club is
sponsoring the Miami Outboard Holiday
Boat Parade. The marine parade will be
held on the waters of Biscayne Bay,
Miami, Florida and the Intracoastal
Waterway. The marine parade will
consist of approximately 70 vessels. The
marine parade will begin at the Miami
Outboard Club on Watson Island, head
west around Palm Island and Hibiscus
Island, head east between Di Lido
Island, south through Meloy Channel,
west through Government Cut to
Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal
Waterway to Claughton Island, circling
back to the north in the Intracoastal
Waterway to end at the Miami Outboard
Club. A special local regulation was
previously promulgated at 33 CFR
100.701, however, the date of the 2013
marine parade does not correspond with
the date published in the Code of
Federal Regulations. Therefore, the
special local regulation set forth in 33
CFR 100.701 is inapplicable for the 2013
marine parade. The safety zone consists
of a moving zone extending 50 yards
ahead of the lead parade vessel, 50
yards astern of the last participant
vessel, and 50 yards on either side of the
parade. Notice of the safety zone will be
provided prior to the marine parade by
Local Notice to Mariners and Broadcast
Notice to Mariners. The safety zone will
be enforced from 6:00 p.m. until 11:30
p.m. on December 14, 2013.
Non-participant persons and vessels
may request authorization to enter the
safety zones 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 areas is granted by the Captain of
the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative. The Coast
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Guard will provide notice of the safety
zones by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene 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) These safety zones will be
enforced for less than 11 hours; (2)
although non-participant persons and
vessels will not be able to enter, transit
through, anchor in, or remain within the
safety zones without authorization from
the Captain of the Port Miami or a
designated representative, they may
operate in the surrounding areas during
the enforcement period; (3) nonparticipant persons and vessels may still
enter, transit through, anchor in, or
remain within the event areas during
the enforcement period if authorized by
the Captain of the Port Miami or a
designated representative; (4) the safety
zones will move with the parade, and
(5) the Coast Guard will provide
advance notification of the safety zones
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 the
safety zones 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
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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.
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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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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 two safety zones. This rule
is categorically excluded from further
review under paragraph 34(g) 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 165
Harbors, 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 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 46 U.S.C. 3306, 3703; 50 U.S.C.
191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0939 to
read as follows:
■
§ 165.T07–0939 Safety Zone; 2013 Holiday
Boat Parades, Captain of the Port Miami
Zone; FL.
(a) Regulated area. The following
regulated areas are moving safety zones:
(1) Palm Beach, Florida. All waters
within a moving zone that will begin at
Lake Worth Daymarker 28 in North
Palm Beach and end at Loxahatchee
River Daymarker 7, east of the Glynn
Mayo Highway Bridge in Jupiter,
Florida. The moving zone will include
a buffer zone extending 50 yards ahead
of the lead parade vessel, 50 yards
astern of the last participating vessel,
and 50 yards on either side of the
parade participants. The safety zone
will be enforced from 4:30 p.m. until
9:30 p.m. on December 7, 2013.
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75901
(2) Miami, Florida. All waters within
a moving zone that will transit as
follows: the marine parade will begin at
the Miami Outboard Club on Watson
Island, head west around Palm Island
and Hibiscus Island, head east between
Di Lido Island, south through Meloy
Channel, west through Government Cut
to Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal
Waterway to Claughton Island, circling
back to the north in the Intracoastal
Waterway to end at the Miami Outboard
Club. The moving zone will include a
buffer zone extending to 50 yards ahead
of the lead vessel, 50 yards astern of the
last participating vessel, and 50 yards
on either side of the parade participants.
The safety zone will be enforced from
6:00 p.m. until 11:30 p.m. on December
14, 2013.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zones without
authorization from the Captain of the
Port Miami or a designated
representative.
(2) Non-participant persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zones may contact 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 a safety
zone 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.
(3) The Coast Guard will provide
notice of the safety zones by Local
Notice to Mariners, Broadcast Notice to
Mariners and on-scene designated
representatives.
(d) Effective date. This rule is
effective December 13, 2013], until
11:30 p.m. on December 14, 2013. For
purposes of enforcement, actual notice
will be used from from 4:30 p.m. on
December 7, 2013, until December 13,
2013.
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Dated: November 21, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2013–29524 Filed 12–12–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0603; FRL–9904–12–
Region 3]
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Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Philadelphia County
Reasonably Available Control
Technology Under the 1997 8-Hour
Ozone National Ambient Air Quality
Standard
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Department of Public
Health, Air Management Services, 321
University Avenue, Philadelphia,
Pennsylvania 19104. Copies are also
available at Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 19, 2013 (78 FR 36716), EPA
published a notice of proposed
rulemaking (NPR) for the
AGENCY: Environmental Protection
Commonwealth of Pennsylvania. In the
Agency (EPA).
NPR, EPA proposed conditional
ACTION: Final rule.
approval of Philadelphia County’s SIP
revisions addressing the RACT
SUMMARY: The Environmental Protection
requirements under the 1997 8-hour
Agency (EPA) is conditionally
ozone NAAQS. The formal SIP revisions
approving two State Implementation
were submitted by the Pennsylvania
Plan (SIP) revisions for the
Department of Environmental Protection
Commonwealth of Pennsylvania. The
(PADEP) on behalf of Philadelphia Air
SIP revisions consist of a demonstration Management Services (AMS) on
that Philadelphia County is meeting the September 29, 2006 and June 22, 2010
requirements of reasonably available
(hereafter the 2006 SIP revision and the
control technology (RACT) of the Clean
2010 SIP revision, respectively).
Air Act (CAA) for nitrogen oxides (NOX)
On November 29, 2005, EPA
and volatile organic compounds (VOC)
published an ozone implementation
under the 1997 8-hour ozone national
rule to address nonattainment SIP
ambient air quality standard (NAAQS).
requirements for the 1997 8-hour ozone
EPA’s conditional approval of
NAAQS (the Phase 2 Ozone
Philadelphia County’s 1997 8-hour
Implementation Rule). See (70 FR 71612
ozone RACT demonstration is based on
(November, 29, 2005). In the Phase 2
Philadelphia County’s commitment to
Ozone Implementation Rule, EPA
submit additional SIP revisions
required that states meet the RACT
addressing source-specific RACT
requirements under the 1997 8-hour
controls for major sources of VOC and
ozone NAAQS, either through a
NOX in the County. This action is being certification that previously adopted
taken under the CAA.
RACT controls in their SIP approved by
DATES: This final rule is effective on
EPA under the 1-hour ozone NAAQS
January 13, 2014.
continue to represent adequate RACT
ADDRESSES: EPA has established a
control levels for 8-hour ozone
docket for this action under Docket ID
attainment purposes, or through the
Number EPA–R03–OAR–2008–0603. All adoption of new or more stringent
documents in the electronic docket are
regulations that represent RACT control
listed in the www.regulations.gov Web
levels. See 70 FR 71655.
However, the Court of Appeals for the
page. Although listed in the index, some
District of Columbia Circuit
information is not publicly available,
subsequently held that a particular
i.e., confidential business information
provision in the Phase 2 Ozone
(CBI) or other information whose
Implementation Rule, which allowed
disclosure is restricted by statute.
the NOX SIP call, a cap-and-trade
Certain other material, such as
copyrighted material, is not placed on
program for NOX, to substitute as RACT
the Internet and will be publicly
for electric generating units (EGUs) for
available only in hard copy form.
the 1997 ozone NAAQS, was
Publicly available docket materials are
inconsistent with the statutory
available either electronically in
requirements of section 172(c)(1) of the
www.regulations.gov or in hard copy
CAA and remanded that provision of
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the rule to EPA. See NRDC v. EPA, 571
F.3d 1245 (D.C. Cir. 2009). Since the
Philadelphia County 2006 SIP revision
relies on the NOX SIP Call to meet the
NOX RACT requirements for EGUs and
it does not specifically and sufficiently
address the source-specific RACT
determinations for 46 major sources that
were previously approved under the 1hour ozone standard, EPA determined
that it cannot proceed with the final
approval of this SIP revision, as
proposed on August 26, 2008 (73 FR
50270) and on June 19, 2013 (78 FR
36716), withdrew the August 26, 2008
proposed rulemaking action to approve
the 2006 SIP revision.
II. Summary of SIP Revisions
On September 29, 2006, PADEP
submitted on behalf of AMS a SIP
revision for Philadelphia County to
meet the RACT requirements for the
1997 8-hour ozone NAAQS. The 2006
SIP revision consists of a RACT
demonstration for Philadelphia County
for NOX and VOC, and includes: (1) A
certification that previously adopted
RACT controls in Pennsylvania’s SIP
that were approved by EPA for
Philadelphia County under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls and
continue to represent RACT for the 8hour implementation purposes; (2) the
adoption of Federally enforceable
permits that represent RACT control
levels for four major VOC sources; and
(3) a negative declaration that certain
VOC sources do not exist in
Philadelphia County.
On June 22, 2010, PADEP submitted
another SIP revision addressing
Philadelphia County’s RACT
requirements under the 1997 8-hour
ozone standard. The 2010 SIP revision
consists of: (1) The adoption of two
regulations to meet control technique
guideline (CTG) RACT requirements;
and (2) a negative declaration for a
particular CTG source category. The
2010 SIP revision supersedes portions of
the 2006 SIP revision addressing
specific CTG RACT requirements.
Finally, on April 26, 2013, PADEP
submitted on behalf of AMS a letter
committing to submit additional SIP
revisions to address source-specific
RACT controls under the 1997 8-hour
ozone standard for Philadelphia County
pursuant to section 110(k)(4) of the
CAA. Additional details on the SIP
revisions are included in the NPR and
will not be restated here. No public
comments were received on the NPR for
this action.
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]]>Agencies
[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Rules and Regulations]
[Pages 75899-75902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29524]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0939]
RIN 1625-AA00
Safety Zone; 2013 Holiday Boat Parades, Captain of the Port Miami
Zone; FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones
during the month of December when holiday boat parades are scheduled to
occur on the navigable waterways in the vicinity of Palm Beach and
Miami, Florida. The safety zones consist of a series of moving zones
around participant vessels as they transit the navigable waters of the
United States during these events. The safety zones are necessary to
provide for the safety of the participants, participant vessels, and
general public on the navigable waters of the United States during the
events. Non-participant persons and vessels will be prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zones unless authorized by the Captain of the Port Miami or a
designated representative.
DATES: This rule is effective from December 13, 2013 until December 14,
2013. For purposes of enforcement, actual notice will be used from
December 7, 2013, until December 13, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0939]. 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 John K. Jennings, Sector Miami Prevention Department,
U.S. 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
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 the Coast Guard was waiting to
receive all boat parade event applications to determine if other
parades would need a safety zone and did not receive necessary
information regarding all the events until October 31, 2013. Special
local regulations for these events were previously promulgated at 33
CFR 100.701; however, the route and or date of these events does not
correspond with the route and or date published in the Code of Federal
Regulations. Furthermore, due to the diminishing size of these events,
through participants or spectators, the Coast Guard no longer deems
these events as needing a marine event permit or special local
regulation. The events require a safety zone in order to ensure safety
of the marine parade participants and the general public during the
parades. The Coast Guard had insufficient time to publish an NPRM and
to receive public comments prior to the issuance of this safety zone
for these events. Any delay in the effective date of this rule would be
contrary to the public interest as immediate action is needed to
minimize potential danger to the general public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for reasons stated above.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish safety zones and other limited access areas: 33 U.S.C. 1231;
46 U.S.C. Chapter 701, 46 U.S.C. 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to provide for the safety of life on the
navigable waters during the holiday boat parades in the Captain of the
Port Miami Zone.
C. Discussion of Final Rule
Multiple marine parades are planned for the holiday season
throughout the Captain of the Port Miami Zone. The Coast Guard is
establishing two safety zones for marine parades during the month of
December, 2013 within the navigable waters of the Captain of the Port
Miami Zone. The safety zones are listed below.
1. Palm Beach, Florida. On December 7, 2013, Marine Industries
Association of Palm Beach County is sponsoring the Palm Beach Holiday
Boat Parade. The marine parade will be held on the waters of the
Intracoastal Waterway in Palm Beach, Florida. The marine parade will
consist of approximately 50 vessels. The marine parade will begin at
Lake Worth Daymarker 28 in North Palm Beach and end at the Loxahatchee
River Daymarker 7, east of the Glynn Mayo Highway Bridge in Jupiter,
Florida. A special local regulation was previously promulgated at 33
CFR 100.701; however, the route and date of the 2013
[[Page 75900]]
marine parade does not correspond with the route and date published in
the Code of Federal Regulations. Therefore, the special local
regulation set forth in 33 CFR 100.701 is inapplicable for this year's
marine parade. The safety zone consists of a moving zone extending 50
yards ahead of the lead parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on either side of the parade. Notice
of the safety zone will be provided prior to the marine parade by Local
Notice to Mariners and Broadcast Notice to Mariners. The safety zone
will be enforced from 4:30 p.m. until 9:30 p.m. on December 7, 2013.
2. Miami, Florida. On December 14, 2013, Miami Outboard Club is
sponsoring the Miami Outboard Holiday Boat Parade. The marine parade
will be held on the waters of Biscayne Bay, Miami, Florida and the
Intracoastal Waterway. The marine parade will consist of approximately
70 vessels. The marine parade will begin at the Miami Outboard Club on
Watson Island, head west around Palm Island and Hibiscus Island, head
east between Di Lido Island, south through Meloy Channel, west through
Government Cut to Bicentennial Park, south to the Dodge Island Bridge,
south in the Intracoastal Waterway to Claughton Island, circling back
to the north in the Intracoastal Waterway to end at the Miami Outboard
Club. A special local regulation was previously promulgated at 33 CFR
100.701, however, the date of the 2013 marine parade does not
correspond with the date published in the Code of Federal Regulations.
Therefore, the special local regulation set forth in 33 CFR 100.701 is
inapplicable for the 2013 marine parade. The safety zone consists of a
moving zone extending 50 yards ahead of the lead parade vessel, 50
yards astern of the last participant vessel, and 50 yards on either
side of the parade. Notice of the safety zone will be provided prior to
the marine parade by Local Notice to Mariners and Broadcast Notice to
Mariners. The safety zone will be enforced from 6:00 p.m. until 11:30
p.m. on December 14, 2013.
Non-participant persons and vessels may request authorization to
enter the safety zones 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 areas is granted by the Captain of the Port
Miami or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the Captain of
the Port Miami or a designated representative. The Coast Guard will
provide notice of the safety zones 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) These
safety zones will be enforced for less than 11 hours; (2) although non-
participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the safety zones without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding areas during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event areas
during the enforcement period if authorized by the Captain of the Port
Miami or a designated representative; (4) the safety zones will move
with the parade, and (5) the Coast Guard will provide advance
notification of the safety zones 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 entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within the safety zones
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
[[Page 75901]]
message can be received without jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of two safety zones. This
rule is categorically excluded from further review under paragraph
34(g) 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 165
Harbors, 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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 46 U.S.C.
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0939 to read as follows:
Sec. 165.T07-0939 Safety Zone; 2013 Holiday Boat Parades, Captain of
the Port Miami Zone; FL.
(a) Regulated area. The following regulated areas are moving safety
zones:
(1) Palm Beach, Florida. All waters within a moving zone that will
begin at Lake Worth Daymarker 28 in North Palm Beach and end at
Loxahatchee River Daymarker 7, east of the Glynn Mayo Highway Bridge in
Jupiter, Florida. The moving zone will include a buffer zone extending
50 yards ahead of the lead parade vessel, 50 yards astern of the last
participating vessel, and 50 yards on either side of the parade
participants. The safety zone will be enforced from 4:30 p.m. until
9:30 p.m. on December 7, 2013.
(2) Miami, Florida. All waters within a moving zone that will
transit as follows: the marine parade will begin at the Miami Outboard
Club on Watson Island, head west around Palm Island and Hibiscus
Island, head east between Di Lido Island, south through Meloy Channel,
west through Government Cut to Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal Waterway to Claughton Island,
circling back to the north in the Intracoastal Waterway to end at the
Miami Outboard Club. The moving zone will include a buffer zone
extending to 50 yards ahead of the lead vessel, 50 yards astern of the
last participating vessel, and 50 yards on either side of the parade
participants. The safety zone will be enforced from 6:00 p.m. until
11:30 p.m. on December 14, 2013.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zones without authorization from the
Captain of the Port Miami or a designated representative.
(2) Non-participant persons and vessels desiring to enter, transit
through, anchor in, or remain within the safety zones may contact 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 a safety zone 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.
(3) The Coast Guard will provide notice of the safety zones by
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Effective date. This rule is effective December 13, 2013],
until 11:30 p.m. on December 14, 2013. For purposes of enforcement,
actual notice will be used from from 4:30 p.m. on December 7, 2013,
until December 13, 2013.
[[Page 75902]]
Dated: November 21, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-29524 Filed 12-12-13; 8:45 am]
BILLING CODE 9110-04-P
