Special Local Regulation; Stuart Sailfish Regatta, Indian River; Stuart, FL, 15715-15718 [2014-06272]
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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
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 Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels, except those participating in the
Low Country Splash or serving as safety
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the regulated area may contact
the Captain of the Port Charleston by
telephone at (843) 740–7050, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 7 a.m. to 9 a.m. May
24, 2014.
Dated: March 4, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2014–06268 Filed 3–20–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0089]
RIN 1625–AA08
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Special Local Regulation; Stuart
Sailfish Regatta, Indian River; Stuart,
FL
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation on
the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida during the
Stuart Sailfish Regatta, a series of high-
SUMMARY:
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speed boat races. The Stuart Sailfish
Regatta will take place from May 16
through May 18, 2014. Approximately
120 high-speed power boats will be
participating in the event. It is
anticipated that at least 100 spectator
vessels will be present during the event.
This special local regulation is
necessary for the safety of race
participants, participant vessels,
spectators and the general public during
the event. The special local regulation
will establish the following three areas:
(1) A race area, where all persons and
vessels, except those participating in the
high-speed boat races, are prohibited
from entering, transiting through,
anchoring in, or remaining within; (2) a
buffer zone around the race area, where
all persons and vessels, except those
persons and vessels enforcing the buffer
zone, or authorized participants or
vessels transiting to the race area, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; and (3) a spectator area, where
all persons are prohibited from entering
the water or swimming in the
designated area.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 21, 2014. Requests for
public meetings must be received by the
Coast Guard on or before April 21, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
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 Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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15715
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0089) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
docket number (USCG–2014–0089) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
Previously, a temporary special local
regulation regarding this marine event
was published in the Code of Federal
Regulations at 33 CFR 100 (see 78 FR
18475). No final rule has been published
in regards to this marine event. The
proposed special local regulation is not
new in its entirety, but merely reflects
updates to certain details of the event.
C. 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 the navigable
waters of the United States during the
Stuart Sailfish Regatta.
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D. Discussion of Proposed Rule
From May 16 through May 18, 2014,
Stuart Sailfish Regatta, Inc. will be
hosting the Stuart Sailfish Regatta, a
series of high-speed boat races. The
races will be held on the Indian River
located northeast of Ernest F. Lyons
Bridge and south of Joes Cove, in Stuart,
Florida. Approximately 120 high-speed
power boats will be participating in the
event. It is anticipated that at least 100
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spectator vessels will be present during
the event.
The proposed rule will establish a
special local regulation that will
encompass certain navigable waters of
the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida. The special
local regulation will be enforced daily
from 8 a.m. until 5 p.m. from May 16
through May 18, 2014. The special local
regulation will consist of the following
three areas: (1) A race area, where all
persons and vessels, except those
participating in the high-speed boat
races, are prohibited from entering,
transiting through, anchoring in, or
remaining within; (2) a buffer zone
around the race area, where all persons
and vessels, except those persons and
vessels enforcing the buffer zone, or
authorized participants or vessels
transiting to the race area, are prohibited
from entering, transiting through,
anchoring in, or remaining within; and
(3) a spectator area, where all persons
are prohibited from entering the water
or swimming in the designated area.
Persons and vessels may request
authorization to enter the special local
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, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the special
local 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.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed 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
proposed rule is not significant for the
following reasons: (1) This special local
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regulation will be enforced for nine
hours a day for three days; (2) nonparticipant 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 areas
without authorization from the Captain
of the Port Miami or a designated
representative may operate in the
surrounding areas during the respective
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 certifies under 5 U.S.C.
605(b) that this proposed 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
any of the regulated area during the
respective enforcement periods. 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. 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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
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compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination With Indian Tribal
Governments, because it would 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.
6. Protest Activities
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This proposed rule would 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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). The
Coast Guard previously completed an
environmental assessment for this event
and regulation in 2012, as well as
conducted a supplemental
environmental assessment in 2013. The
event and regulation for the 2012 and
2013 occurrences are similar in all
aspects to this year’s event and
regulation; therefore the same
environmental assessment and
supplemental environmental assessment
are being referenced for this year’s event
and regulation. The environmental
assessment is available in the docket
folder for USCG–2012–0150 at
www.regulations.gov. This proposed
rule involves establishing a special local
regulation that will be enforced from 8
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15717
a.m. until 5 p.m. daily May 16 through
18 2014. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary 33 CFR
100.35T07–0089 to read as follows:
■
§ 100.35T07–0089 Special Local
Regulation; Stuart Sailfish Regatta, Indian
River, Stuart, FL.
(a) Regulated Areas. The following
regulated area is established as a special
local regulation. All coordinates are
North American Datum 1983.
(1) Race Area. All waters of Indian
River located northeast of Ernest Lyons
Bridge and south of Joes Cove that are
encompassed within the following
points: Starting at Point 1 in position
27°12′46″ N, 80°11′09″ W; thence
southeast to Point 2 in position
27°12′41″ N, 80°11′08″ W; thence
southwest to Point 3 in position
27°12′37″ N, 80°11′11″ W; thence
southwest to Point 4 in position
27°12′33″ N, 80°11′18″ W; thence
southwest to Point 5 in position
27°12′31″ N, 80°11′23″ W; thence west
to Point 6 in position 27°12′31″ N,
80°11′27″ W; thence northwest to Point
7 in position 27°12′33″ N, 80°11′31″ W;
thence northwest to Point 8 in position
27°12′38″ N, 80°11′32″ W; thence
northeast to Point 9 in position
27°12′42″ N, 80°11′30″ W; thence
northeast to Point 10 in position
27°12′46″ N, 80°11′26″ W; thence
northeast to Point 11 in position
27°12′48″ N, 80°11′20″ W; thence east to
Point 12 in position 27°12′48″ N,
80°11′15″ W; thence southeast back to
origin. All persons and vessels, except
those persons and vessels participating
in the high-speed boat races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area.
(2) Buffer Zone. All waters of Indian
River located northeast of Ernest Lyons
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Bridge and south of Joes Cove that are
encompassed within the following
points: Starting at Point 1 in position
27°12′47″ N, 80°11′43″ W; thence
southeast to Point 2 in position
27°12′22″ N, 80°11′28″ W; thence
northeast to Point 3 in position
27°12′35″ N, 80°11′00″ W; thence
northwest to Point 4 in position
27°12′47″ N, 80°11′04″ W; thence
northeast to Point 5 in position
27°13′05″ N, 80°11′01″ W; thence
southeast back to origin. All persons
and vessels, except those persons and
vessels enforcing the buffer zone, or
authorized participants or vessels
transiting to the race area, are prohibited
from entering, transiting through,
anchoring in, or remaining within the
buffer zone.
(3) Spectator Area. All waters of
Indian River located northeast of Ernest
Lyons Bridge and south of Joes Cove
that are encompassed within the
following points: Starting at Point 1 in
position 27°12′48″ N, 80°11′43″ W;
thence northeast to Point 2 in position
27°12′55″ N, 80°11′26″ W; thence
southeast to Point 3 in position
27°12′52″ N, 80°11′24″ W; thence
southwest to Point 4 in position
27°12′40″ N, 80°11′39″ W; thence
northwest back to origin. All persons are
prohibited from entering the water or
swimming in the spectator area.
(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 areas.
(c) Regulations.
(1) Non-participant persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the race area and/or
buffer zone of the special local regulated
area unless authorized by Captain of the
Port Miami or a designated
representative. All persons are
prohibited from entering the water or
swimming in the spectator area. Nonparticipant persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
race area and/or buffer zone of the
special local 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 is
granted by the Captain of the Port
Miami or a designated representative,
all persons and vessels receiving such
authorization must comply with the
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instructions of the Captain of the Port
Miami or a designated representative.
(2) The Coast Guard will provide
notice of the special local regulation by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule will be
enforced from 8 a.m. until 5 p.m. daily
from May 16, 2014 through May 18,
2014.
Dated: March 5, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2014–06272 Filed 3–20–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0814 & EPA–R04–
OAR–2012–0692; FRL–9908–43–Region 4]
Approval and Promulgation of
Implementation Plans; Florida;
Infrastructure Requirement (Visibility)
for the 1997 and 2006 PM, and 2008 8Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On April 18, 2008, and
September 23, 2009, the Environmental
Protection Agency (EPA) received state
implementation plan (SIP) submissions
from the State of Florida, through the
Florida Department of Environmental
Protection (FDEP), regarding the
infrastructure elements for the 1997
annual Fine Particulate Matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS) and 2006 24-hour PM2.5
NAAQS, respectively. On October 31,
2012, EPA received a SIP submission
from FDEP regarding the infrastructure
elements for the 2008 8-hour ozone
NAAQS. Additionally, on October 22,
2013, FDEP supplemented the three
aforementioned infrastructure SIP
submissions. EPA is proposing to
approve the elements of these
infrastructure SIP submissions, as
supplemented on October 22, 2013, as
they relate to the protection of visibility
in other states.
DATES: Written comments must be
received on or before April 21, 2014.
ADDRESSES: Submit your comments
related to the 1997 and 2006 PM2.5 SIP
submissions, identified by Docket ID
No. EPA–R04–OAR–2012–0814, and
related to the 2008 8-hour ozone SIP
submission, identified by Docket ID No.
SUMMARY:
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EPA–R04–OAR–2012–0692, by one of
the following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-Mail: R4-RDS-epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0814,’’ for the 1997 and 2006 PM2.5 SIP
submissions or ‘‘EPA–R04–OAR–2012–
0692’’ for the 2008 8-hour ozone SIP
submission, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2012–
0814 for the 1997 and 2006 PM2.5 SIP
submissions, or to Docket ID No. EPA–
R04–OAR–2012–0692 for the 2008 8hour ozone SIP submission. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
through www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
E:\FR\FM\21MRP1.SGM
21MRP1
]]>Agencies
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Proposed Rules]
[Pages 15715-15718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06272]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0089]
RIN 1625-AA08
Special Local Regulation; Stuart Sailfish Regatta, Indian River;
Stuart, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation on the Indian River located northeast of Ernest F. Lyons
Bridge and south of Joes Cove, in Stuart, Florida during the Stuart
Sailfish Regatta, a series of high-speed boat races. The Stuart
Sailfish Regatta will take place from May 16 through May 18, 2014.
Approximately 120 high-speed power boats will be participating in the
event. It is anticipated that at least 100 spectator vessels will be
present during the event. This special local regulation is necessary
for the safety of race participants, participant vessels, spectators
and the general public during the event. The special local regulation
will establish the following three areas: (1) A race area, where all
persons and vessels, except those participating in the high-speed boat
races, are prohibited from entering, transiting through, anchoring in,
or remaining within; (2) a buffer zone around the race area, where all
persons and vessels, except those persons and vessels enforcing the
buffer zone, or authorized participants or vessels transiting to the
race area, are prohibited from entering, transiting through, anchoring
in, or remaining within; and (3) a spectator area, where all persons
are prohibited from entering the water or swimming in the designated
area.
DATES: Comments and related material must be received by the Coast
Guard on or before April 21, 2014. Requests for public meetings must be
received by the Coast Guard on or before April 21, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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 Cheryl Collins, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2014-0089) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the
[[Page 15716]]
docket number (USCG-2014-0089) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
Previously, a temporary special local regulation regarding this
marine event was published in the Code of Federal Regulations at 33 CFR
100 (see 78 FR 18475). No final rule has been published in regards to
this marine event. The proposed special local regulation is not new in
its entirety, but merely reflects updates to certain details of the
event.
C. 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 the
navigable waters of the United States during the Stuart Sailfish
Regatta.
D. Discussion of Proposed Rule
From May 16 through May 18, 2014, Stuart Sailfish Regatta, Inc.
will be hosting the Stuart Sailfish Regatta, a series of high-speed
boat races. The races will be held on the Indian River located
northeast of Ernest F. Lyons Bridge and south of Joes Cove, in Stuart,
Florida. Approximately 120 high-speed power boats will be participating
in the event. It is anticipated that at least 100 spectator vessels
will be present during the event.
The proposed rule will establish a special local regulation that
will encompass certain navigable waters of the Indian River located
northeast of Ernest F. Lyons Bridge and south of Joes Cove, in Stuart,
Florida. The special local regulation will be enforced daily from 8
a.m. until 5 p.m. from May 16 through May 18, 2014. The special local
regulation will consist of the following three areas: (1) A race area,
where all persons and vessels, except those participating in the high-
speed boat races, are prohibited from entering, transiting through,
anchoring in, or remaining within; (2) a buffer zone around the race
area, where all persons and vessels, except those persons and vessels
enforcing the buffer zone, or authorized participants or vessels
transiting to the race area, are prohibited from entering, transiting
through, anchoring in, or remaining within; and (3) a spectator area,
where all persons are prohibited from entering the water or swimming in
the designated area.
Persons and vessels may request authorization to enter the special
local 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, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the special local
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.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed rule is not significant for the following reasons: (1)
This special local regulation will be enforced for nine hours a day for
three days; (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 areas without authorization from the Captain of the Port
Miami or a designated representative may operate in the surrounding
areas during the respective 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 certifies under 5 U.S.C. 605(b) that this
proposed 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 any of the regulated area during the respective
enforcement periods. 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.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for
[[Page 15717]]
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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). The
Coast Guard previously completed an environmental assessment for this
event and regulation in 2012, as well as conducted a supplemental
environmental assessment in 2013. The event and regulation for the 2012
and 2013 occurrences are similar in all aspects to this year's event
and regulation; therefore the same environmental assessment and
supplemental environmental assessment are being referenced for this
year's event and regulation. The environmental assessment is available
in the docket folder for USCG-2012-0150 at www.regulations.gov. This
proposed rule involves establishing a special local regulation that
will be enforced from 8 a.m. until 5 p.m. daily May 16 through 18 2014.
This rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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 33 CFR 100.35T07-0089 to read as follows:
Sec. 100.35T07-0089 Special Local Regulation; Stuart Sailfish
Regatta, Indian River, Stuart, FL.
(a) Regulated Areas. The following regulated area is established as
a special local regulation. All coordinates are North American Datum
1983.
(1) Race Area. All waters of Indian River located northeast of
Ernest Lyons Bridge and south of Joes Cove that are encompassed within
the following points: Starting at Point 1 in position 27[deg]12'46'' N,
80[deg]11'09'' W; thence southeast to Point 2 in position
27[deg]12'41'' N, 80[deg]11'08'' W; thence southwest to Point 3 in
position 27[deg]12'37'' N, 80[deg]11'11'' W; thence southwest to Point
4 in position 27[deg]12'33'' N, 80[deg]11'18'' W; thence southwest to
Point 5 in position 27[deg]12'31'' N, 80[deg]11'23'' W; thence west to
Point 6 in position 27[deg]12'31'' N, 80[deg]11'27'' W; thence
northwest to Point 7 in position 27[deg]12'33'' N, 80[deg]11'31'' W;
thence northwest to Point 8 in position 27[deg]12'38'' N,
80[deg]11'32'' W; thence northeast to Point 9 in position
27[deg]12'42'' N, 80[deg]11'30'' W; thence northeast to Point 10 in
position 27[deg]12'46'' N, 80[deg]11'26'' W; thence northeast to Point
11 in position 27[deg]12'48'' N, 80[deg]11'20'' W; thence east to Point
12 in position 27[deg]12'48'' N, 80[deg]11'15'' W; thence southeast
back to origin. All persons and vessels, except those persons and
vessels participating in the high-speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area.
(2) Buffer Zone. All waters of Indian River located northeast of
Ernest Lyons
[[Page 15718]]
Bridge and south of Joes Cove that are encompassed within the following
points: Starting at Point 1 in position 27[deg]12'47'' N,
80[deg]11'43'' W; thence southeast to Point 2 in position
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence
southeast back to origin. All persons and vessels, except those persons
and vessels enforcing the buffer zone, or authorized participants or
vessels transiting to the race area, are prohibited from entering,
transiting through, anchoring in, or remaining within the buffer zone.
(3) Spectator Area. All waters of Indian River located northeast of
Ernest Lyons Bridge and south of Joes Cove that are encompassed within
the following points: Starting at Point 1 in position 27[deg]12'48'' N,
80[deg]11'43'' W; thence northeast to Point 2 in position
27[deg]12'55'' N, 80[deg]11'26'' W; thence southeast to Point 3 in
position 27[deg]12'52'' N, 80[deg]11'24'' W; thence southwest to Point
4 in position 27[deg]12'40'' N, 80[deg]11'39'' W; thence northwest back
to origin. All persons are prohibited from entering the water or
swimming in the spectator area.
(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 areas.
(c) Regulations.
(1) Non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area and/or buffer zone of the special local regulated area unless
authorized by Captain of the Port Miami or a designated representative.
All persons are prohibited from entering the water or swimming in the
spectator area. Non-participant persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the race area and/or buffer zone of the special local 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 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.
(2) The Coast Guard will provide notice of the special local
regulation by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
(d) Effective Date. This rule will be enforced from 8 a.m. until 5
p.m. daily from May 16, 2014 through May 18, 2014.
Dated: March 5, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-06272 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P
