Safety Zone, Miami Paddle Challenge, Biscayne Bay; Miami, FL, 39348-39351 [2014-16066]

Download as PDF 39348 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules For the reasons set forth above, 22 CFR part 181 is proposed to be amended as follows: PART 181—[AMENDED] Dated: June 4, 2014. Michael J. Mattler, Assistant Legal Adviser for Treaty Affairs, Department of State. [FR Doc. 2014–15012 Filed 7–9–14; 8:45 am] ■ 1. The authority citation for part 181 continues to read as follows: BILLING CODE 4710–08–P Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a. DEPARTMENT OF HOMELAND SECURITY 2. Amend § 181.8 by: a. Revising paragraphs (a)(9), (12), and (13) and adding paragraphs (a)(14), (15), and (16); and ■ b. Revising paragraph (b). The revisions and additions to read as follows: ■ ■ tkelley on DSK3SPTVN1PROD with PROPOSALS § 181.8 Publication. (a) * * * (9) Agreements that have been given a national security classification pursuant to Executive Order No. 13526, its predecessors, or its successors; * * * * * (12) Bilateral agreements that apply to specified education and leadership development programs designed to acquaint U.S. and foreign armed forces, law enforcement, homeland security, or related personnel with limited, specialized aspects of each other’s practices or operations; (13) Bilateral agreements between aviation agencies governing specified aviation technical assistance projects for the provision of managerial, operational, and technical assistance in developing and modernizing the civil aviation infrastructure; (14) Bilateral acquisition and cross servicing agreements and logistics support agreements; (15) Bilateral agreements relating to the provision of health care to military personnel on a reciprocal basis; and (16) Bilateral agreements for the reduction of intergovernmental debts. (b) In addition to those listed in paragraph (a) of this section, the following categories of agreements will not be published in United States Treaties and Other International Agreements: (1) Agreements on the subjects listed in paragraphs (a)(1) through (9) of this section that had not been published as of February 26, 1996; (2) Agreements on the subjects listed in paragraphs (a)(10) through (13) of this section that had not been published as of September 8, 2006; and (3) Agreements on the subjects listed in paragraphs (a)(14) through (16) of this section that had not been published as of [date of publication of the final rule in the Federal Register]. VerDate Mar<15>2010 16:15 Jul 09, 2014 Jkt 232001 Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0460] RIN 1625–AA00 Table of Acronyms Safety Zone, Miami Paddle Challenge, Biscayne Bay; Miami, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish a temporary safety zone on the waters of Biscayne Bay located west of Key Biscayne and south of Rickenbacker Causeway in Miami, Florida during the Miami Paddle Challenge, a series of paddle boat races. The Miami Paddle Challenge is scheduled to take place on September 13, 2014. The temporary safety zone is necessary to provide for the safety of race participants, participant vessels, spectators, and the general public during the event. The safety zone will establish a regulated area that will encompass the event area. Non-participant persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative. DATES: Comments and related material must be received by the Coast Guard on or before August 25, 2014. Requests for public meetings must be received by the Coast Guard on or before August 11, 2014. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the PO 00000 Frm 00005 Fmt 4702 SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer John K. Jennings, Sector Miami Prevention Department, Coast Guard; telephone (305) 535–4317, email John.K.Jennings@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Sfmt 4702 DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number USCG–2014–0460 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and E:\FR\FM\10JYP1.SGM 10JYP1 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2014–0460) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). tkelley on DSK3SPTVN1PROD with PROPOSALS 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information In 2012, the Coast Guard enacted a temporary final rule for that year’s running of the Miami Paddle Challenge. That rule was effective from 6 a.m. through 4 p.m. on September 29, 2012. Information about that rule is available under docket number USCG–2012– 0722. No permanent final rule has been published in regards to this marine event. C. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: VerDate Mar<15>2010 16:15 Jul 09, 2014 Jkt 232001 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of the rule is to provide for the safety of life on navigable waters of the United States during the Miami Paddle Challenge. D. Discussion of Proposed Rule On September 13, 2014, the Cystic Fibrosis Foundation is sponsoring the Miami Paddle Challenge. Over 150 paddle boats are expected to participate in the event. Participant paddle boats will include: Kayaks, surfskis, paddleboards, outriggers, sculls, canoes, dories, and dragon boats. The proposed rule will establish a safety zone that will encompass certain waters of Biscayne Bay located west of Key Biscayne and south of Rickenbacker Causeway in Miami, Florida. The safety zone will be enforced from 5 a.m. until 5 p.m. on September 13, 2014. The safety zone will establish an area around the event where non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within. Non-participant persons and vessels may request authorization to enter, transit through, anchor in, or remain within the safety zone by contacting the Captain of the Port Miami by telephone at 305–535– 4472, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the event area is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. 39349 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this proposed rule is not significant for the following reasons: (1) The safety zone will be enforced for only 12 hours; (2) although non-participant persons and vessels will not be able to enter, transit through, anchor in, or remain within the event area without authorization from the Captain of the Port Miami or a designated representative, they may operate in the surrounding area during the enforcement period; (3) nonparticipant persons and vessels may still enter, transit through, anchor in, or remain within the event area during the enforcement period if authorized by the Captain of the Port Miami or a designated representative; and (4) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 2. Impact on Small Entities The Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of Biscayne Bay encompassed within the safety zone from 5 a.m. until 5 p.m. on September 13, 2014. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\10JYP1.SGM 10JYP1 39350 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. tkelley on DSK3SPTVN1PROD with PROPOSALS 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, VerDate Mar<15>2010 16:15 Jul 09, 2014 Jkt 232001 eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f). The Coast Guard previously completed a Categorical Exclusion Determination for this temporary safety zone in 2013. The regulation for the 2013 occurrence is similar in all aspects to this year’s regulation; therefore the same Categorical Exclusion Determination is being referenced for this year’s regulation. The Categorical Exclusion Determination is available in the docket folder for USCG–2013–0565 at www.regulations.gov. This proposed rule involves establishing a safety zone that will be enforced from 5 a.m. until 5 p.m. on September 13, 2014. This rulemaking is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 165.T07–0460 to read as follows: ■ § 165.T07–0460 Safety Zone; Miami Paddle Challenge, Biscayne Bay; Miami, FL. (a) Regulated Area. The following regulated area is a safety zone. All waters of Biscayne Bay located west of Key Biscayne and south of Rickenbacker Causeway encompassed within the following points: Starting at point 1 in position 25°44′44″ N, 80°11′52″ W; thence east to point 2 in position 25°44′43″ N, 80°11′43″ W; thence southwest to point 3 in position 25°40′29″ N, 80°15′08″ W; thence northwest to point 4 in position 25°40′39″ N, 80°15′21″ W; thence northeast to point 5 in position 25°42′56″ N, 80°13′56″ W; thence northeast 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) All non-participant persons and vessels are prohibited from entering, transiting through, anchoring in or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative. (2) Non-participant persons and vessels desiring to enter, transit through, anchor in, or remain within the safety 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. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted E:\FR\FM\10JYP1.SGM 10JYP1 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners and on-scene designated representatives. (d) Enforcement. This rule will be enforced from 5 a.m. until 5 p.m. on September 13, 2014. Dated: June 25, 2014. A.J. Gould, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2014–16066 Filed 7–9–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2014–0141: FRL–9913–47– Region–10] Approval and Promulgation of Implementation Plans; Washington: General Regulations for Air Pollution Sources Environmental Protection Agency (EPA). ACTION: Proposed rule. tkelley on DSK3SPTVN1PROD with PROPOSALS AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Washington State Implementation Plan (SIP) submitted by the Department of Ecology (Ecology) on January 27, 2014. These revisions were submitted in accordance with the requirements of section 110 of the Clean Air Act (hereinafter the Act or CAA), which requires states to develop a plan for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards (NAAQS). The revisions update the general air quality regulations that apply to sources within Ecology’s jurisdiction, including the minor new source review permitting program. Ecology’s submittal also includes regulations covering the major source Prevention of Significant Deterioration (PSD) and the major Nonattainment New Source Review (NNSR) permitting program; however the EPA intends to address the major source permitting regulations in separate actions. DATES: Comments must be received on or before August 11, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– VerDate Mar<15>2010 16:15 Jul 09, 2014 Jkt 232001 OAR–2014–0141, by any of the following methods: A. www.regulations.gov: Follow the on-line instructions for submitting comments. B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics (AWT– 107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. C. Email: R10-Public_Comments@ epa.gov. D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, Waste and Toxics, AWT–107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2014– 0141. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 39351 publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. FOR FURTHER INFORMATION CONTACT: For information on the New Source Review permitting program, please contact Donna Deneen at (206) 553–6706 or deneen.donna@epa.gov. For information on the Washington SIP in general, please contact Jeff Hunt at (206) 553– 0256, hunt.jeff@epa.gov, or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is intended to refer to the EPA. Table of Contents I. Purpose of Proposed Action II. Background for Proposed Action III. Washington SIP Revisions A. WAC 173–400–020, Applicability B. WAC 173–400–030, Definitions C. WAC 173–400–040, General Standards for Maximum Emissions D. WAC 173–400–050, Emission Standards for Combustion and Incineration Units E. WAC 173–400–060, Emission Standards for General Process Units F. WAC 173–400–070, Emission Standards for Certain Source Categories G. WAC 173–400–081, Startup and Shutdown and WAC 173–400–091, Voluntary Limits on Emissions H. WAC 173–400–100, Registration Program I. WAC 173–400–105, Records, Monitoring, and Reporting J. Minor New Source Review: WAC 173– 400–110; WAC 173–400–111; WAC 173– 400–112; WAC 173–400–113; WAC 173– 400–036; and WAC 173–400–560 K. WAC 173–400–116, Increment Protection L. WAC 173–400–117, Special Protection Requirements for Federal Class I Areas M. WAC 173–400–118, Designation of Class I, II, and III Areas N. WAC 173–400–131, Issuance of Emission Reduction Credits O. WAC 173–400–136, Use of Emission Reduction Credits (ERC) P. WAC 173–400–151, Retrofit Requirements for Visibility Protection Q. WAC 173–400–171, Public Notice R. WAC 173–400–175, Public Information S. WAC 173–400–200, Creditable Stack Height and Dispersion Techniques IV. The EPA’s Proposed Action A. Rules To Approve Into the SIP B. Rules To Remove From the SIP C. Rules on Which No Action Is Taken D. Scope of Proposed Action V. Statutory and Executive Order Reviews I. Purpose of Proposed Action The purpose of this action is to propose approval of revisions to E:\FR\FM\10JYP1.SGM 10JYP1

Agencies

[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Proposed Rules]
[Pages 39348-39351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16066]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0460]
RIN 1625-AA00


Safety Zone, Miami Paddle Challenge, Biscayne Bay; Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of Biscayne Bay located west of Key Biscayne and south of 
Rickenbacker Causeway in Miami, Florida during the Miami Paddle 
Challenge, a series of paddle boat races. The Miami Paddle Challenge is 
scheduled to take place on September 13, 2014. The temporary safety 
zone is necessary to provide for the safety of race participants, 
participant vessels, spectators, and the general public during the 
event. The safety zone will establish a regulated area that will 
encompass the event area. Non-participant persons and vessels will be 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Miami or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 25, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before August 11, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
John.K.Jennings@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0460 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and

[[Page 39349]]

electronic filing. If you submit comments by mail and would like to 
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0460) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    In 2012, the Coast Guard enacted a temporary final rule for that 
year's running of the Miami Paddle Challenge. That rule was effective 
from 6 a.m. through 4 p.m. on September 29, 2012. Information about 
that rule is available under docket number USCG-2012-0722. No permanent 
final rule has been published in regards to this marine event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.

    The purpose of the rule is to provide for the safety of life on 
navigable waters of the United States during the Miami Paddle 
Challenge.

D. Discussion of Proposed Rule

    On September 13, 2014, the Cystic Fibrosis Foundation is sponsoring 
the Miami Paddle Challenge. Over 150 paddle boats are expected to 
participate in the event. Participant paddle boats will include: 
Kayaks, surfskis, paddleboards, outriggers, sculls, canoes, dories, and 
dragon boats.
    The proposed rule will establish a safety zone that will encompass 
certain waters of Biscayne Bay located west of Key Biscayne and south 
of Rickenbacker Causeway in Miami, Florida. The safety zone will be 
enforced from 5 a.m. until 5 p.m. on September 13, 2014. The safety 
zone will establish an area around the event where non-participant 
persons and vessels are prohibited from entering, transiting through, 
anchoring in, or remaining within. Non-participant persons and vessels 
may request authorization to enter, transit through, anchor in, or 
remain within the safety zone by contacting the Captain of the Port 
Miami by telephone at 305-535-4472, or a designated representative via 
VHF radio on channel 16. If authorization to enter, transit through, 
anchor in, or remain within the event area is granted by the Captain of 
the Port Miami or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Miami or a designated representative. The Coast 
Guard will provide notice of the safety zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this proposed rule is not significant for the following reasons: (1) 
The safety zone will be enforced for only 12 hours; (2) although non-
participant persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the event area without 
authorization from the Captain of the Port Miami or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) non-participant persons and vessels may still 
enter, transit through, anchor in, or remain within the event area 
during the enforcement period if authorized by the Captain of the Port 
Miami or a designated representative; and (4) the Coast Guard will 
provide advance notification of the safety zone to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Biscayne 
Bay encompassed within the safety zone from 5 a.m. until 5 p.m. on 
September 13, 2014. For the reasons discussed in the Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person

[[Page 39350]]

listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard previously completed a Categorical Exclusion Determination 
for this temporary safety zone in 2013. The regulation for the 2013 
occurrence is similar in all aspects to this year's regulation; 
therefore the same Categorical Exclusion Determination is being 
referenced for this year's regulation. The Categorical Exclusion 
Determination is available in the docket folder for USCG-2013-0565 at 
www.regulations.gov. This proposed rule involves establishing a safety 
zone that will be enforced from 5 a.m. until 5 p.m. on September 13, 
2014. This rulemaking is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0460 to read as follows:


Sec.  165.T07-0460  Safety Zone; Miami Paddle Challenge, Biscayne Bay; 
Miami, FL.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of Biscayne Bay located west of Key Biscayne and south of 
Rickenbacker Causeway encompassed within the following points: Starting 
at point 1 in position 25[deg]44'44'' N, 80[deg]11'52'' W; thence east 
to point 2 in position 25[deg]44'43'' N, 80[deg]11'43'' W; thence 
southwest to point 3 in position 25[deg]40'29'' N, 80[deg]15'08'' W; 
thence northwest to point 4 in position 25[deg]40'39'' N, 
80[deg]15'21'' W; thence northeast to point 5 in position 
25[deg]42'56'' N, 80[deg]13'56'' W; thence northeast 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) All non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in or remaining within the 
safety zone unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the safety 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. If authorization to enter, 
transit through, anchor in, or remain within the safety zone is granted

[[Page 39351]]

by the Captain of the Port Miami or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Miami or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene 
designated representatives.
    (d) Enforcement. This rule will be enforced from 5 a.m. until 5 
p.m. on September 13, 2014.

    Dated: June 25, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-16066 Filed 7-9-14; 8:45 am]
BILLING CODE 9110-04-P