Special Local Regulation; Annual Swim Around Key West, Atlantic Ocean and Gulf of Mexico; Key West, FL, 35948-35951 [2014-14652]
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35948
Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations
new Example 11 in paragraph (f) to read
as follows:
Department of Health and Human
Services
§ 2590.715–2708 Prohibition on waiting
periods that exceed 90 days.
45 CFR Subtitle A
For the reasons set forth in the
preamble, the Department of Health and
Human Services amends 45 CFR part
147 as set forth below:
*
*
*
*
(c) * * *
(3) * * *
(iii) Limitation on orientation periods.
To ensure that an orientation period is
not used as a subterfuge for the passage
of time, or designed to avoid
compliance with the 90-day waiting
period limitation, an orientation period
is permitted only if it does not exceed
one month. For this purpose, one month
is determined by adding one calendar
month and subtracting one calendar
day, measured from an employee’s start
date in a position that is otherwise
eligible for coverage. For example, if an
employee’s start date in an otherwise
eligible position is May 3, the last
permitted day of the orientation period
is June 2. Similarly, if an employee’s
start date in an otherwise eligible
position is October 1, the last permitted
day of the orientation period is October
31. If there is not a corresponding date
in the next calendar month upon adding
a calendar month, the last permitted day
of the orientation period is the last day
of the next calendar month. For
example, if the employee’s start date is
January 30, the last permitted day of the
orientation period is February 28 (or
February 29 in a leap year). Similarly,
if the employee’s start date is August 31,
the last permitted day of the orientation
period is September 30.
*
*
*
*
*
(f) * * *
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Example 11. (i) Facts. Employee H begins
working full time for Employer Z on October
16. Z sponsors a group health plan, under
which full time employees are eligible for
coverage after they have successfully
completed a bona fide one-month orientation
period. H completes the orientation period
on November 15.
(ii) Conclusion. In this Example 11, the
orientation period is not considered a
subterfuge for the passage of time and is not
considered to be designed to avoid
compliance with the 90-day waiting period
limitation. Accordingly, plan coverage for H
must begin no later than February 14, which
is the 91st day after H completes the
orientation period. (If the orientation period
was longer than one month, it would be
considered to be a subterfuge for the passage
of time and designed to avoid compliance
with the 90-day waiting period limitation.
Accordingly it would violate the rules of this
section.)
*
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VerDate Mar<15>2010
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*
14:16 Jun 24, 2014
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PART 147—HEALTH INSURANCE
REFORM REQUIREMENTS FOR THE
GROUP AND INDIVIDUAL HEALTH
INSURANCE MARKETS
5. The authority citation for part 147
continues to read as follows:
■
Authority: Secs. 2701 through 2763, 2791,
and 2792 of the Public Health Service Act (42
U.S.C. 300gg through 300gg–63, 300gg–91,
and 300gg–92).
6. Section 147.116 is amended by
adding paragraph (c)(3)(iii) and a new
Example 11 in paragraph (f) to read as
follows:
■
§ 147.116 Prohibition on waiting periods
that exceed 90 days.
*
*
*
*
*
(c) * * *
(3) * * *
(iii) Limitation on orientation periods.
To ensure that an orientation period is
not used as a subterfuge for the passage
of time, or designed to avoid
compliance with the 90-day waiting
period limitation, an orientation period
is permitted only if it does not exceed
one month. For this purpose, one month
is determined by adding one calendar
month and subtracting one calendar
day, measured from an employee’s start
date in a position that is otherwise
eligible for coverage. For example, if an
employee’s start date in an otherwise
eligible position is May 3, the last
permitted day of the orientation period
is June 2. Similarly, if an employee’s
start date in an otherwise eligible
position is October 1, the last permitted
day of the orientation period is October
31. If there is not a corresponding date
in the next calendar month upon adding
a calendar month, the last permitted day
of the orientation period is the last day
of the next calendar month. For
example, if the employee’s start date is
January 30, the last permitted day of the
orientation period is February 28 (or
February 29 in a leap year). Similarly,
if the employee’s start date is August 31,
the last permitted day of the orientation
period is September 30.
*
*
*
*
*
(f) * * *
Example 11. (i) Facts. Employee H begins
working full time for Employer Z on October
16. Z sponsors a group health plan, under
which full time employees are eligible for
coverage after they have successfully
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completed a bona fide one-month orientation
period. H completes the orientation period
on November 15.
(ii) Conclusion. In this Example 11, the
orientation period is not considered a
subterfuge for the passage of time and is not
considered to be designed to avoid
compliance with the 90-day waiting period
limitation. Accordingly, plan coverage for H
must begin no later than February 14, which
is the 91st day after H completes the
orientation period. (If the orientation period
was longer than one month, it would be
considered to be a subterfuge for the passage
of time and designed to avoid compliance
with the 90-day waiting period limitation.
Accordingly it would violate the rules of this
section.)
*
*
*
*
*
[FR Doc. 2014–14795 Filed 6–20–14; 4:15 pm]
BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P;
6325–64–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0073]
RIN 1625–AA08
Special Local Regulation; Annual
Swim Around Key West, Atlantic
Ocean and Gulf of Mexico; Key West,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Atlantic Ocean and the
Gulf of Mexico surrounding the island
of Key West, Florida during the Annual
Swim around Key West on June 28,
2014. The event entails a large number
of participants who will begin at
Smather’s Beach and swim one full
circle clockwise around the island of
Key West, Florida. The special local
regulation is necessary to provide for
the safety of the spectators, participants,
participating support vessels and
kayaks, and other vessels and users of
the waterway during the event. The
special local regulation will consist of a
moving area that will temporarily
restrict vessel traffic in a portion of both
the Atlantic Ocean and the Gulf of
Mexico, and will prevent nonparticipant vessels from entering,
transiting through, anchoring in, or
remaining within the area unless
authorized by the Captain of the Port
Key West or a designated representative.
DATES: This rule is effective and will be
enforced from 7:30 a.m. until 3:30 p.m.
on June 28, 2014.
SUMMARY:
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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations
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 20590–0001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
ADDRESSES:
If
you have questions on this rule, call or
email Marine Science Technician First
Class Ian Bowes, Sector Key West
Prevention Department, U.S. Coast
Guard; Telephone (305) 292–8823,
email Ian.G.Bowes@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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard published a NPRM
on March 18, 2014. No comments were
received. No public meeting has been
requested.
The Administrative Procedure Act
(APA) (5 U.S.C. 553(d)(3)) authorizes an
agency to publish a rule less than 30
days before its effective date when the
agency for good cause finds that waiting
30 days would be ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. As
stated above, we published the NPRM
on these special local regulations on
March 18, 2014 (78 FR 33221), and we
received no comments on the proposed
rule. Delaying this regulation’s effective
date for 30 days would be impracticable
and would be contrary to the public
interest as immediate action is needed
to ensure the safety of the event
participants, spectator craft, and other
vessels transiting the event area. A
special local regulation is in the public
interest in making this a safe event. The
Coast Guard will provide advance
notice of the special local regulation by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
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B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life and property on
navigable waters of the United States
during the Annual Swim around Key
West, FL.
C. Discussion of the Final Rule
The special local regulation
encompasses certain waters of the
Atlantic Ocean and Gulf of Mexico. The
special local regulation will be enforced
on Saturday, June 28, 2014 from 7:30
a.m. until 3:30 p.m. The special local
regulation consists of a moving race area
where all persons and vessels, except
those participating in the race nor
serving as safety vessels, are prohibited
from entering, transiting through,
anchoring in, or remaining within these
areas unless authorized by the Captain
of the Port Key West or a designated
representative. The race area will
commence at Smather’s Beach at 7:30
a.m., transit West to the area offshore of
Fort Zach State Park, North through Key
West Harbor, East through Fleming Cut,
South on Cow Key Channel and West
back to origin. Safety vessels will
precede the first participating swimmers
and follow the last participating
swimmers. This event poses significant
risks to participants, spectators, and the
boating public because of the large
number of swimmers and recreational
vessels that are expected in the area of
the event. The special local regulation is
necessary to ensure the safety of
participants, spectators, and vessels
from the hazards associated with the
event.
The special local regulation will be
enforced from 7:30 a.m. to 3:30 p.m. on
June 28, 2014. Persons and vessels who
are neither participating in the race or
serving as safety vessels may not enter,
transit through, anchor in, or remain
within the regulated area unless
authorized by the Captain of the Port
Key West or a designated representative.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the regulated area may contact
the Captain of the Port Key West by
telephone at (305) 292–8727, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter transit through,
anchor in, or remain within regulated
area is granted by the Captain of the Port
Key West or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Key West or the designated
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35949
representative. The Coast Guard will
provide notice of the special local
regulation 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 a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) The rule will be enforced for a total
of only 8 hours; (2) Non-participant
persons and vessels may enter, transit
through, anchor in, or remain within the
regulated area during the enforcement
period if authorized by the Captain of
the Port Key West or a designated
representative; (3) vessels not able to
enter, transit through, anchor in, or
remain within the regulated area
without authorization from the Captain
of the Port Key West or a designated
representative may operate in the
surrounding areas during the
enforcement period; and (4) advance
notification of the event will be made to
the local maritime community via local
notice to mariners, marine safety
information bulletins, 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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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations
entities: Owners or operators of vessels
intending to enter, transit through,
anchor in, or remain within the
regulated are during the enforcement
period. For the reasons discussed in
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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
14:16 Jun 24, 2014
Jkt 232001
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
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 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 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.
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 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.
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on 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.
VerDate Mar<15>2010
6. Protest Activities
This 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 rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
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2. Add a temporary § 100.35T07–0073
to read as follows:
■
§ 100.35T07–0073 Special Local
Regulation; Annual Swim around Key West,
Atlantic Ocean and Gulf of Mexico; Key
West, FL.
(a) Regulated Area. The following
regulated area is established as a special
local regulation. All waters within a
moving zone, beginning at Smather’s
Beach in Key West, FL. The regulated
area will move, West to the area offshore
of Fort Zach State Park, North through
Key West Harbor, East through Fleming
Cut, South on Cow Key Channel and
West back to origin. The center of the
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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations
regulated area will at all times remain
approximately 50 yards offshore of the
island of Key West, Florida; extend 50
yards in front of the lead safety vessel
preceding the first race participants;
extend 50 yards behind the safety vessel
trailing the last race participants; and at
all times extend 100 yards on either side
of the race participants and safety
vessels.
(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 Key West in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels, except authorized race
participants or safety vessels, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the race
area, may contact the Captain of the Port
Key West by telephone at (305) 292–
8727, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
with the race area, is granted by the
Captain of the Port Key West 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 7:30 a.m. to 3:30 p.m.
June 28, 2014.
Dated: June 2, 2014.
A.S. Young, Sr.,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2014–14652 Filed 6–24–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133B–3.]
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for the
Rehabilitation Research and Training
Center (RRTC) Program administered by
the National Institute on Disability and
Rehabilitation Research (NIDRR).
Specifically, we announce a priority for
an RRTC on Employment for
Individuals with Intellectual and
Developmental Disabilities. The
Assistant Secretary may use this priority
for competitions in fiscal year (FY) 2014
and later years. We take this action to
focus research attention on areas of
national need. We intend for this
priority to contribute to improved
employment outcomes of individuals
with intellectual and developmental
disabilities.
SUMMARY:
Effective Date: This priority is
effective July 25, 2014.
FOR FURTHER INFORMATION CONTACT:
Patricia Barrett, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5142, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–6211 or by email:
patricia.barrett@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
DATES:
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technology that maximize the full
inclusion and integration into society,
employment, independent living, family
support, and economic and social selfsufficiency of individuals with
disabilities, especially individuals with
the most severe disabilities, and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
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[ED–2014–OSERS 0043]
Rehabilitation Research and Training
Centers
Final Priority; National Institute on
Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
The purpose of the RRTCs, which are
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to achieve the goals
of, and improve the effectiveness of,
services authorized under the
Rehabilitation Act through welldesigned research, training, technical
assistance, and dissemination activities
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
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14:16 Jun 24, 2014
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35951
in important topical areas. These
activities are designed to benefit
rehabilitation service providers,
individuals with disabilities, family
members, policymakers, and other
research stakeholders. Additional
information on the RRTC program can
be found at: https://www2.ed.gov/
programs/rrtc/.
Program Authority: 29 U.S.C. 762(g) and
764(b)(2).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority (NPP) for this program in the
Federal Register on March 3, 2014 (79
FR 11742). That notice contained
background information and our reasons
for proposing the particular priority.
Except for one revision explained in
the Analysis of Comments and Changes
section, there are no differences
between the proposed priority and this
final priority.
Public Comment: In response to our
invitation in the NPP, three parties
submitted comments on the proposed
priority.
Generally, we do not address
technical and other minor changes.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the notice of proposed priority
follows.
Comment: One commenter questioned
the need for this priority. Specifically,
the commenter believed that with the
current Federal budget restraints, we
should not be spending money on any
type of research.
Discussion: The proposed RRTC on
Employment for Individuals with
Intellectual and Developmental
Disabilities is consistent with the
research agenda outlined in NIDRR’s
Long-Range Plan for Fiscal Years 2013–
2017 (Plan), which was published in the
Federal Register on April 4, 2013 (78 FR
20299). One of the goals of the Plan is
to establish a balanced distribution of
priorities focused on improved
outcomes in the domains of
employment, community living and
participation, and health and function
that address the needs of individuals
with different disabilities, personal
characteristics, and social
circumstances. NIDRR believes that the
proposed RRTC on Employment for
Individuals with Intellectual and
Developmental Disabilities is consistent
with that goal and will help to improve
outcomes for this population.
More specifically, as we discussed in
the NPP, there is a need to increase
knowledge about effective ways to
prepare persons with intellectual and
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]]>Agencies
[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 35948-35951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14652]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0073]
RIN 1625-AA08
Special Local Regulation; Annual Swim Around Key West, Atlantic
Ocean and Gulf of Mexico; Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean and the Gulf of Mexico surrounding the
island of Key West, Florida during the Annual Swim around Key West on
June 28, 2014. The event entails a large number of participants who
will begin at Smather's Beach and swim one full circle clockwise around
the island of Key West, Florida. The special local regulation is
necessary to provide for the safety of the spectators, participants,
participating support vessels and kayaks, and other vessels and users
of the waterway during the event. The special local regulation will
consist of a moving area that will temporarily restrict vessel traffic
in a portion of both the Atlantic Ocean and the Gulf of Mexico, and
will prevent non-participant vessels from entering, transiting through,
anchoring in, or remaining within the area unless authorized by the
Captain of the Port Key West or a designated representative.
DATES: This rule is effective and will be enforced from 7:30 a.m. until
3:30 p.m. on June 28, 2014.
[[Page 35949]]
ADDRESSES: 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 20590-0001, 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 Marine Science Technician First Class Ian Bowes, Sector
Key West Prevention Department, U.S. Coast Guard; Telephone (305) 292-
8823, email Ian.G.Bowes@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
The Coast Guard published a NPRM on March 18, 2014. No comments
were received. No public meeting has been requested.
The Administrative Procedure Act (APA) (5 U.S.C. 553(d)(3))
authorizes an agency to publish a rule less than 30 days before its
effective date when the agency for good cause finds that waiting 30
days would be ``impracticable, unnecessary, or contrary to the public
interest.'' The Coast Guard finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. As stated above, we published the NPRM on these special local
regulations on March 18, 2014 (78 FR 33221), and we received no
comments on the proposed rule. Delaying this regulation's effective
date for 30 days would be impracticable and would be contrary to the
public interest as immediate action is needed to ensure the safety of
the event participants, spectator craft, and other vessels transiting
the event area. A special local regulation is in the public interest in
making this a safe event. The Coast Guard will provide advance notice
of the special local regulation by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life and property on navigable waters of
the United States during the Annual Swim around Key West, FL.
C. Discussion of the Final Rule
The special local regulation encompasses certain waters of the
Atlantic Ocean and Gulf of Mexico. The special local regulation will be
enforced on Saturday, June 28, 2014 from 7:30 a.m. until 3:30 p.m. The
special local regulation consists of a moving race area where all
persons and vessels, except those participating in the race nor serving
as safety vessels, are prohibited from entering, transiting through,
anchoring in, or remaining within these areas unless authorized by the
Captain of the Port Key West or a designated representative. The race
area will commence at Smather's Beach at 7:30 a.m., transit West to the
area offshore of Fort Zach State Park, North through Key West Harbor,
East through Fleming Cut, South on Cow Key Channel and West back to
origin. Safety vessels will precede the first participating swimmers
and follow the last participating swimmers. This event poses
significant risks to participants, spectators, and the boating public
because of the large number of swimmers and recreational vessels that
are expected in the area of the event. The special local regulation is
necessary to ensure the safety of participants, spectators, and vessels
from the hazards associated with the event.
The special local regulation will be enforced from 7:30 a.m. to
3:30 p.m. on June 28, 2014. Persons and vessels who are neither
participating in the race or serving as safety vessels may not enter,
transit through, anchor in, or remain within the regulated area unless
authorized by the Captain of the Port Key West or a designated
representative.
Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact the Captain of the Port
Key West by telephone at (305) 292-8727, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter transit through, anchor in, or remain within regulated area is
granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or the designated representative. 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. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The rule will be enforced for a total of only 8
hours; (2) Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement period if authorized by the Captain of the Port Key West or
a designated representative; (3) vessels not able to enter, transit
through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port Key West or a designated
representative may operate in the surrounding areas during the
enforcement period; and (4) advance notification of the event will be
made to the local maritime community via local notice to mariners,
marine safety information bulletins, 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
[[Page 35950]]
entities: Owners or operators of vessels intending to enter, transit
through, anchor in, or remain within the regulated are during the
enforcement period. For the reasons discussed in 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 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 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 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 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 would not create an
environmental risk to health or risk to safety that might
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 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 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 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 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. 100.35T07-0073 to read as follows:
Sec. 100.35T07-0073 Special Local Regulation; Annual Swim around Key
West, Atlantic Ocean and Gulf of Mexico; Key West, FL.
(a) Regulated Area. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Smather's Beach in Key West, FL. The regulated area will move, West
to the area offshore of Fort Zach State Park, North through Key West
Harbor, East through Fleming Cut, South on Cow Key Channel and West
back to origin. The center of the
[[Page 35951]]
regulated area will at all times remain approximately 50 yards offshore
of the island of Key West, Florida; extend 50 yards in front of the
lead safety vessel preceding the first race participants; extend 50
yards behind the safety vessel trailing the last race participants; and
at all times extend 100 yards on either side of the race participants
and safety vessels.
(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 Key West in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels, except authorized
race participants or safety vessels, are prohibited from entering,
transiting through, anchoring in, or remaining within the race area.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the race area, may contact the Captain of the Port Key
West by telephone at (305) 292-8727, or a designated representative via
VHF radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain with the race area, is
granted by the Captain of the Port Key West 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 7:30 a.m. to
3:30 p.m. June 28, 2014.
Dated: June 2, 2014.
A.S. Young, Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-14652 Filed 6-24-14; 8:45 am]
BILLING CODE 9110-04-P
