Special Local Regulation, Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL, 18448-18450 [2014-07264]
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18448
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations
8. Section 846.14 is amended by
revising the first sentence of paragraph
232 (b) to read as follows:
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PART 846—CIVIL PENALTIES
7. The authority citation for part 846
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
VerDate Mar<15>2010
14:28 Apr 01, 2014
Jkt 232001
■
§ 846.14
Amount of individual civil penalty.
*
*
*
*
*
(b) The penalty shall not exceed
$8,500 for each violation. * * *
[FR Doc. 2014–07101 Filed 4–1–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0001]
RIN 1625–AA08
Special Local Regulation, Rotary Club
of Fort Lauderdale New River Raft
Race, New River; Fort Lauderdale, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the New River in Fort
Lauderdale, Florida during the Rotary
Club of Fort Lauderdale New River Raft
Race, on Saturday, April 5, 2014. The
special local regulation will encompass
the waters between Esplanade Park to
just east of the Southeast 3rd Avenue
Bridge. Approximately 100 participants
will attend the race. The special local
regulation is necessary to ensure the
safety of the participants, participant
vessels, and the general public during
the event. Persons and vessels, except
those participating in the event, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Miami or a designated representative.
DATES: This rule will be enforced from
11 a.m. to 3 p.m. on April 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0001. 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.
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
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:
FOR FURTHER INFORMATION CONTACT:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Previously, temporary special local
regulations regarding this marine event
have been published in the Code of
Federal Regulations at 33 CFR 100. No
final rule has been published in regards
to this marine event.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is not sufficient time remaining to
publish an NPRM and to receive public
comments prior to the event. Any delay
in the effective date of this rule would
be contrary to the public interest
because immediate action is needed to
minimize potential danger to the race
participants, participant vessels,
spectators, and the general public.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. Delaying the effective
date for this special local regulation is
contrary to the public interest because
immediate action is needed to minimize
potential danger to the race participants,
participant vessels, spectators, and the
general public.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233.
The purpose of the rule is to provide
for the safety of life on the navigable
waters of the United States during the
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02APR1
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations
Rotary Club of Fort Lauderdale New
River Raft Race.
C. Discussion of the Final Rule.
On April 5, 2014, Fort Lauderdale
Rotary Club is hosting the Rotary Club
of Fort Lauderdale New River Raft Race.
The race will be held on the waters of
the New River in Fort Lauderdale,
Florida. Approximately 100 participants
will attend the race. Minimal spectator
vessels are expected.
The special local regulation will
encompass certain navigable waters of
the New River in Fort Lauderdale,
Florida from Esplanade Park to east of
the Southeast 3rd Avenue Bridge. The
special local regulation will be enforced
from 11 a.m. until 3 p.m. on April 5,
2014.
Non-participant persons and vessels
will be prohibited from entering,
transiting through, anchoring, or
remaining within the regulated area
unless authorized by the Captain of the
Port Miami or a designated
representative. Non-participant persons
and vessels desiring to enter, transit
through, anchor in, or remain within the
zone may contact 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 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.
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of 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) This special local regulation
will be enforced for four hours; (2) nonparticipant persons and vessels may
VerDate Mar<15>2010
14:28 Apr 01, 2014
Jkt 232001
18449
enter, transit through, anchor in, or
remain within the regulated area during
the respective enforcement period if
authorized by the Captain of the Port
Miami or a designated representative;
(3) non-participant persons and vessels
not able to enter, transit through, anchor
in, or remain within the regulated area
without authorization from the Captain
of the Port Miami or a designated
representative may operate in the
surrounding areas during the
enforcement period; 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.
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.
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
any of the regulated area during the
respective enforcement period. For the
reasons discussed in the Regulatory
Planning and Review section above, this
rule will not have a significant
economic impact on a substantial
number of small entities.
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.
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
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Frm 00009
Fmt 4700
Sfmt 4700
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
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
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02APR1
18450
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations
List of Subjects in 33 CFR Part 100
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
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 a special local regulation
issued in conjunction with a regatta or
marine parade. This rule is categorically
excluded from further review under
paragraph 34(h) 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.
14:28 Apr 01, 2014
Jkt 232001
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.
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.
VerDate Mar<15>2010
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
§ 100.35T07–0001 Special Local
Regulation; Rotary Club of Fort Lauderdale
New River Raft Race, New River, Fort
Lauderdale, FL.
(a) Regulated Area. The following
regulated area is a special local
regulation, between Esplanade Park east
to just east of the Southeast 3rd Avenue
Bridge. All waters of the New River
contained within the following points:
Starting at Point 1 in position 26°07′10″
N, 80°08′52″ W; thence southeast to
Point 2 in position 26°07′05″ N,
80°08′34″ W; thence southwest to Point
3 in position 26°07′04″ N, 80°08′35″ W
thence northwest to Point 4 in position
26°07′08″ N, 80°08’52’’W; thence north
back to origin. All coordinates are North
American Datum 1983.
(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) Non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by Captain of the
Port Miami or a designated
representative. Non-participant persons
and vessels may request authorization to
enter, transit through, anchor in, or
remain within the regulated area by
contacting the Captain of the Port Miami
by telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16. If authorization 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 regulated area by Local
Notice to Mariners, Broadcast Notice to
Frm 00010
Fmt 4700
Sfmt 4700
Dated: March 19, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2014–07264 Filed 4–1–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
2. Add a temporary § 100.35T07–0001
to read as follows:
■
PO 00000
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule will be
enforced from 11 a.m. until 3 p.m. on
April 5, 2014.
Department of the Army, Corps of
Engineers
33 CFR Part 334
Naval Base Ventura County, San
Nicolas Island, California; Restricted
Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The Corps of Engineers
(Corps) is amending its regulations to
modify an existing permanent restricted
area in the waters of the Pacific Ocean
surrounding San Nicolas Island,
California. The modifications realign
subsections (designated Alpha, Bravo
and Charlie) within the restricted area to
better match the U.S. Navy’s current
operational requirements. In addition,
the rule corrects a mapping error in the
original rule. The perimeter and overall
size of the existing restricted area
remains unchanged. San Nicolas Island
is wholly owned by the United States
and operated by the U.S. Navy as part
of Naval Base Ventura County.
DATES: Effective date: May 2, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922, or
Mr. Antal Szijj, Corps of Engineers, Los
Angeles District, Regulatory Division, at
805–585–2147 or by email at
antal.j.szijj@usace.army.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Pursuant to its authorities in Section
7 of the Rivers and Harbors Act of 1917
(40 Stat 266; 33 U.S.C. 1) and Chapter
XIX of the Army Appropriations Act of
1919 (40 Stat 892; 33 U.S.C. 3), the
Corps of Engineers is amending the
regulations at 33 CFR 334.980 to realign
subsections within the existing
restricted area in the waters surrounding
San Nicolas Island, Ventura County,
California, in a manner that better
E:\FR\FM\02APR1.SGM
02APR1
Agencies
[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18448-18450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07264]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0001]
RIN 1625-AA08
Special Local Regulation, Rotary Club of Fort Lauderdale New
River Raft Race, New River; Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the New River in Fort Lauderdale, Florida during the
Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, April
5, 2014. The special local regulation will encompass the waters between
Esplanade Park to just east of the Southeast 3rd Avenue Bridge.
Approximately 100 participants will attend the race. The special local
regulation is necessary to ensure the safety of the participants,
participant vessels, and the general public during the event. Persons
and vessels, except those participating in the event, are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area unless authorized by the Captain of the Port Miami
or a designated representative.
DATES: This rule will be enforced from 11 a.m. to 3 p.m. on April 5,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0001. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone (305) 535-4317, email
John.K.Jennings@uscg.mil. If you have questions on viewing or
submitting material to the docket, call 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. Regulatory History and Information
Previously, temporary special local regulations regarding this
marine event have been published in the Code of Federal Regulations at
33 CFR 100. No final rule has been published in regards to this marine
event.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is not sufficient time
remaining to publish an NPRM and to receive public comments prior to
the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the race participants, participant
vessels, spectators, and the general public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date for
this special local regulation is contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
The purpose of the rule is to provide for the safety of life on the
navigable waters of the United States during the
[[Page 18449]]
Rotary Club of Fort Lauderdale New River Raft Race.
C. Discussion of the Final Rule.
On April 5, 2014, Fort Lauderdale Rotary Club is hosting the Rotary
Club of Fort Lauderdale New River Raft Race. The race will be held on
the waters of the New River in Fort Lauderdale, Florida. Approximately
100 participants will attend the race. Minimal spectator vessels are
expected.
The special local regulation will encompass certain navigable
waters of the New River in Fort Lauderdale, Florida from Esplanade Park
to east of the Southeast 3rd Avenue Bridge. The special local
regulation will be enforced from 11 a.m. until 3 p.m. on April 5, 2014.
Non-participant persons and vessels will be prohibited from
entering, transiting through, anchoring, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative. Non-participant persons and vessels desiring
to enter, transit through, anchor in, or remain within the zone may
contact 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 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of 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) This
special local regulation will be enforced for four hours; (2) non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated area during the respective enforcement
period if authorized by the Captain of the Port Miami or a designated
representative; (3) non-participant persons and vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Miami or a
designated representative may operate in the surrounding areas during
the enforcement period; and (4) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small 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 period. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without 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
[[Page 18450]]
minimize litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of a special local
regulation issued in conjunction with a regatta or marine parade. This
rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0001 to read as follows:
Sec. 100.35T07-0001 Special Local Regulation; Rotary Club of Fort
Lauderdale New River Raft Race, New River, Fort Lauderdale, FL.
(a) Regulated Area. The following regulated area is a special local
regulation, between Esplanade Park east to just east of the Southeast
3rd Avenue Bridge. All waters of the New River contained within the
following points: Starting at Point 1 in position 26[deg]07'10'' N,
80[deg]08'52'' W; thence southeast to Point 2 in position
26[deg]07'05'' N, 80[deg]08'34'' W; thence southwest to Point 3 in
position 26[deg]07'04'' N, 80[deg]08'35'' W thence northwest to Point 4
in position 26[deg]07'08'' N, 80[deg]08'52''W; thence north back to
origin. All coordinates are North American Datum 1983.
(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) Non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by Captain of the
Port Miami or a designated representative. Non-participant persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the regulated area by contacting the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16. If authorization 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 regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule will be enforced from 11 a.m. until 3
p.m. on April 5, 2014.
Dated: March 19, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-07264 Filed 4-1-14; 8:45 am]
BILLING CODE 9110-04-P