Special Local Regulation; Annual Swim Around Key West, Atlantic Ocean and Gulf of Mexico; Key West, FL, 35948-35951 [2014-14652]

Download as PDF 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) * * * ehiers on DSK2VPTVN1PROD with RULES * 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.) * * * VerDate Mar<15>2010 * * 14:16 Jun 24, 2014 Jkt 232001 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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: E:\FR\FM\25JNR1.SGM 25JNR1 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 http:// 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 ehiers on DSK2VPTVN1PROD with RULES 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. VerDate Mar<15>2010 14:16 Jun 24, 2014 Jkt 232001 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25JNR1.SGM 25JNR1 35950 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. ehiers on DSK2VPTVN1PROD with RULES 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25JNR1.SGM 25JNR1 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). ehiers on DSK2VPTVN1PROD with RULES [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: VerDate Mar<15>2010 14:16 Jun 24, 2014 Jkt 232001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 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: http://www2.ed.gov/ programs/rrtc/index.html. 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 E:\FR\FM\25JNR1.SGM 25JNR1

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]


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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.

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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 http://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