Special Local Regulation, U.S. Hydro-Drag Nationals, Lake Dora; Tavares, FL, 49229-49232 [2014-19795]

Download as PDF Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations § 50.4. The DECO may prescribe alternative formats as necessary to meet specific program needs. * * * * * ■ 3. In § 50.20, revise the introductory text of paragraph (a) to read as follows: § 50.20 Categorical exclusions subject to the Federal laws and authorities cited in § 50.4. (a) The following actions, activities, and programs are categorically excluded from the NEPA requirements for further review in an Environmental Assessment or an Environmental Impact Statement as set forth in this part. They are not excluded from individual compliance requirements of other environmental statutes, Executive orders, and HUD standards cited in § 50.4, where appropriate. Where the responsible official determines that any proposed action identified below may have an environmental effect because of extraordinary circumstances (40 CFR 1508.4), the requirements for further review under NEPA shall apply (see paragraph (b) of this section). * * * * * ■ 4. Revise § 50.31(a) to read as follows: § 50.31 The EA. (a) The Departmental Environmental Clearance Officer (DECO) shall establish a prescribed format used for the environmental analysis and documentation of projects and activities under subpart E. The DECO may prescribe alternative formats as necessary to meet specific program needs. * * * * * format that the responsible entity shall use to prepare the ERR. The DECO may prescribe alternative formats as necessary to meet specific program needs. * * * * * ■ 7. In § 58.40, revise the introductory text and paragraph (e) to read as follows: § 58.40 Preparing the environmental assessment. The DECO shall establish a prescribed format that the responsible entity shall use to prepare the EA. The DECO may prescribe alternative formats as necessary to meet specific program needs. In preparing an EA for a particular proposed project or other action, the responsible entity must: * * * * * (e) Discuss the need for the proposal, appropriate alternatives where the proposal involves unresolved conflicts concerning alternative uses of available resources, the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. * * * * * Dated: August 5, 2014. Clifford Taffet, Assistant Secretary for Community Planning and Development (Acting). [FR Doc. 2014–19652 Filed 8–19–14; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 58—ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES 33 CFR Part 100 5. The authority citation for part 58 is revised to read as follows: Special Local Regulation, U.S. HydroDrag Nationals, Lake Dora; Tavares, FL ■ Authority: 12 U.S.C. 1707 note, 1715z– 13a(k); 25 U.S.C. 4115 and 4226; 42 U.S.C. 1437x, 3535(d), 3547, 4321–4335, 4852, 5304(g), 12838, and 12905(h); title II of Pub. L. 105–276; E.O. 11514 as amended by E.O. 11991, 3 CFR, 1977 Comp., p. 123. 6. In § 58.38, revise the introductory text to read as follows: ■ emcdonald on DSK67QTVN1PROD with RULES § 58.38 Environmental review record. The responsible entity must maintain a written record of the environmental review undertaken under this part for each project. This document will be designated the ‘‘Environmental Review Record’’ (ERR) and shall be available for public review. The Departmental Environmental Clearance Officer (DECO) shall establish a prescribed VerDate Mar<15>2010 15:55 Aug 19, 2014 Jkt 232001 [Docket Number USCG–2014–0643] RIN 1625–AA08 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a special local regulation on the waters of Lake Dora in Tavares, Florida, during the Hydro-Drag Nationals, a series of high-speed personal watercraft races. The event is scheduled for August 30 and 31, 2014. Approximately 65 vessels are anticipated to participate in the races. This special local regulation is necessary to ensure the safety of life during the races. DATES: This rule is effective and will be enforced from 9:00 a.m. until 4 p.m. on August 30 and 31, 2014. SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 49229 Documents mentioned in this preamble are part of docket USCG– 2014–0643. 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, 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 Lieutenant Allan Storm, Sector Jacksonville Office of Waterways Management, U.S. Coast Guard; telephone (904) 564–7500, extension 7721, email Allan.H.Storm@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: ADDRESSES: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. The Coast Guard did not receive the necessary information about the event until July 3, 2014. As a result, the Coast Guard did not have sufficient time to publish a NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to the race participants, participant vessels, spectators, and the general public. Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that E:\FR\FM\20AUR1.SGM 20AUR1 49230 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations 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 on navigable waters of the United States during the HydroDrag Nationals. emcdonald on DSK67QTVN1PROD with RULES good cause exists for making this rule effective less than 30 days after publication in the Federal Register. D. Regulatory Analyses C. Discussion of the Final Rule On August 30 and 31, 2014, H2X Racing Promotions will host the U.S. Hydro-Drag Nationals, a series of highspeed personal watercraft races. The U.S. Hydro-Drag Nationals will be held on Lake Dora in Tavares, Florida. Approximately 65 vessels are anticipated to participate in the races. No spectator vessels are expected to attend the Hydro-Drag Tour. The rule will establish a special local regulation that encompasses certain waters of Lake Dora in Tavares, Florida. The special local regulation will be enforced from 9 a.m. until 4 p.m. on August 30 and 31, 2014. This special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. The special local regulation will consist of the following two areas: (1) A race area, where all persons and vessels, except those persons and vessels participating in the high-speed personal watercraft races, are prohibited from entering, transiting, anchoring, or remaining; and (2) a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone, or authorized participants transiting to and from the race area, are prohibited from entering, transiting, anchoring, or remaining unless authorized by the Captain of the Port Jacksonville or a designated representative. Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the race area or buffer zone by contacting the Captain of the Port Jacksonville by telephone at (904) 564–7513, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the race area or buffer zone is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville or a designated representative. The Coast Guard will provide notice of the special local regulations by Local Notice to VerDate Mar<15>2010 15:55 Aug 19, 2014 Jkt 232001 We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this rule is not significant for the following reasons: (1) The special local regulation will be enforced for only 14 hours; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the race area or buffer zone without being an authorized participant or enforcing the buffer zone, or receiving authorization from the Captain of the Port Jacksonville or a designated representative, they may operate in the surrounding area during the enforcement periods; (3) nonparticipant persons and vessels may still enter, transit through, anchor in, or remain within the race area or buffer zone if authorized by the Captain of the Port Jacksonville or a designated representative; and (4) the Coast Guard will provide advance notification of the special local regulation to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 Lake Dora encompassed within the special local regulation from 9 a.m. until 4 p.m. on August 30 and 31, 2014. For the reasons discussed in the Executive Order 12866 and Executive Order 13563 section above, this rule will not have a significant economic impact on a substantial number of small entities. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. E:\FR\FM\20AUR1.SGM 20AUR1 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations 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. 13. Technical Standards 7. Unfunded Mandates Reform Act 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. 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. This rule involves establishing a temporary special local regulation to ensure the safety of life during the Hydro-Drag Nationals, which will be held over a two day period for 8 hours each day. An environmental analysis was performed during the marine event permit process for the event and a checklist and a categorical exclusion determination are not required for this special local regulation. 10. Protection of Children List of Subjects in 33 CFR Part 100 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. emcdonald on DSK67QTVN1PROD with RULES 11. Indian Tribal Governments 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 15:55 Aug 19, 2014 Jkt 232001 14. Environment 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: ■ This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. VerDate Mar<15>2010 This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35T07–0643 to read as follows: ■ § 100.35T07–0643 Special Local Regulations; Hydro-Drag Tour, Lake Dora; Tavares, FL. (a) Regulated Areas. The following regulated areas are established as a special local regulation. All coordinates are North American Datum 1983. (1) Race Area. All waters of Lake Dora encompassed within the following points: Starting at Point 1 in position 28°47′57″ N, 81°43′39″ W; thence south to Point 2 in position 28°47′55″ N, 81°43′39″ W; thence east to Point 3 in PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 49231 position 28°47′55″ N, 81°43′22″ W; thence north to Point 4 in position 28°47′58″ N, 81°43′22″ W; thence west back to origin. All persons and vessels, except those persons and vessels participating in the high-speed personal watercraft races, are prohibited from entering, transiting through, anchoring in, or remaining within the race area. (2) Buffer Zone. All waters of Lake Dora, excluding the race area, encompassed within the following points: Starting at Point 1 in position 28°47′59″ N, 81°43′40″ W; thence south to Point 2 in position 28°47′53″ N, 81°43′41″ W; thence east to Point 3 in position 28°47′53″ N, 81°43′19″ W; thence north to Point 4 in position 28°47′59″ N, 81°43′19″ W; thence west back to origin. All persons and vessels except those persons and vessels enforcing the buffer zone, or authorized participants transiting to or from the race area, are prohibited from entering, transiting through, anchoring in, or remaining within the buffer zone. (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 Jacksonville in the enforcement of the regulated areas. (c) Regulations. (1) Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the race area and/or buffer zone unless authorized by Captain of the Port Jacksonville or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the Port Jacksonville by telephone at (904) 564– 7513, or a designated representative via VHF radio on channel 16, to request authorization. If authorization is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville or a designated representative. (3) The Coast Guard will provide notice of the regulated areas to the public by Local Notice to Mariners, Broadcast Notice to Mariners, and onscene designated representatives. (d) Enforcement Period. This rule will be enforced daily from 9 a.m. until 4 p.m. on August 30 and 31, 2014. E:\FR\FM\20AUR1.SGM 20AUR1 49232 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Rules and Regulations Dated: July 29, 2014. T.G. Allan, Jr., Captain, U.S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. 2014–19795 Filed 8–19–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 [NPS–WRST–15781; PPAKWRSTPO, PPMPSAS1Z.YP0000] RIN 1024–AE14 Special Regulations, Areas of the National Park System, Wrangell-St. Elias National Park and Preserve; OffRoad Vehicles National Park Service, Interior. Final rule. AGENCY: ACTION: The National Park Service is amending its special regulations for Wrangell-St. Elias National Park and Preserve to designate trails in the portion of the Nabesna District located within the National Preserve where motor vehicles may be used off roads for recreational purposes. The rule prohibits the use of certain types of vehicles based upon size and weight, and closes certain areas in designated wilderness within the Nabesna District that are located outside of established trails and trail corridors to the use of motor vehicles for subsistence. DATES: This rule is effective September 19, 2014. FOR FURTHER INFORMATION CONTACT: Rick Obernesser, Superintendent, WrangellSt. Elias National Park and Preserve, P.O. Box 439, Copper Center, Alaska 99573. Phone (907) 822–7202. Email: AKR_Regulations@nps.gov. SUPPLEMENTARY INFORMATION: SUMMARY: emcdonald on DSK67QTVN1PROD with RULES Background The approximately 13.2-million-acre Wrangell-St. Elias National Park and Preserve (Wrangell-St. Elias) was established in 1980 by the Alaska National Interest Lands Conservation Act (ANILCA) (Pub. L. 96–487, Dec. 2 1980; 16 U.S.C. 410hh–410hh5; 3101– 3233). Wrangell-St. Elias consists of approximately 8.3 million acres of land designated as a National Park and approximately 4.8 million acres of land designated as a National Preserve. Section 201(9) of ANILCA (16 U.S.C. 410hh(9)) directed that Wrangell-St. Elias be managed for the following purposes: VerDate Mar<15>2010 15:55 Aug 19, 2014 Jkt 232001 • To maintain unimpaired the scenic beauty and quality of high mountain peaks, foothills, glacial systems, lakes and streams, valleys, and coastal landscapes in their natural state. • To protect habitat for, and populations of, fish and wildlife including but not limited to caribou, brown/grizzly bears, Dall’s sheep, moose, wolves, trumpeter swans and other waterfowl, and marine mammals. • To provide continued opportunities, including reasonable access for mountain climbing, mountaineering, and other wilderness recreational activities. That provision of ANILCA also directed that subsistence uses by local residents be permitted in the park, where such uses are traditional, in accordance with the provisions of Title VIII of ANILCA. Section 203 of ANILCA (16 U.S.C. 410hh–2) directed the Secretary of the Interior, acting through the National Park Service (NPS), to administer Wrangell-St. Elias as a new area of the National Park System, pursuant to the provisions of the National Park Service Organic Act of 1916 (Organic Act) (16 U.S.C. 1 et seq.). In the Organic Act, Congress granted the NPS broad authority to regulate the use of areas under its jurisdiction provided that the associated impacts will leave the ‘‘scenery and the natural and historic objects and the wild life [in these areas] unimpaired for the enjoyment of future generations.’’ Section 3 of the Organic Act authorizes the Secretary of the Interior, acting through NPS, to ‘‘make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks.’’ Wilderness Section 701 of ANILCA designated approximately 9.6 million acres within Wrangell-St. Elias as wilderness, a portion of which is located within the Nabesna District. Section 707 of ANILCA provides that, ‘‘[e]xcept as otherwise expressly provided for in this Act . . . ,’’ wilderness designated by ANILCA shall be administered in accordance with the Wilderness Act. According to the Wilderness Act (16 U.S.C. 1131–1136), these lands are to be ‘‘administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, [and] the preservation of their wilderness character . . . .’’ Access for Subsistence Uses ANILCA authorizes certain methods of access for subsistence purposes that PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 would otherwise be prohibited under Federal law or general NPS regulations. Section 811(a) of ANILCA (16 U.S.C. 3121(a)) provides that ‘‘rural residents engaged in subsistence uses shall have reasonable access to subsistence resources on the public lands.’’ Section 811(b) of ANILCA (16 U.S.C. 3121(b)) provides that ‘‘[n]otwithstanding any other provision of this Act or other law, the Secretary shall permit on the public lands appropriate use for subsistence purposes of snowmobiles, motorboats, and other means of surface transportation traditionally employed for such purpose by local residents, subject to reasonable regulation.’’ NPS implemented Section 811 of ANILCA (16 U.S.C. 3121) in 36 CFR 13.460(a), which states ‘‘[n]otwithstanding any other provision of this chapter, the use of . . . other means of surface transportation traditionally employed by local rural residents engaged in subsistence uses is permitted within park areas except at those times and in those areas restricted or closed by the Superintendent.’’ The 1986 General Management Plan for Wrangell-St. Elias determined off-road vehicles (ORVs) were a means of surface transportation traditionally employed by local rural residents for subsistence purposes. Title 36, Code of Federal Regulations, section 13.460(b)–(c) authorizes the Superintendent to restrict or close routes or areas to a certain use after notice and a public hearing ‘‘if the Superintendent determines that such use is causing or is likely to cause an adverse impact on public health and safety, resource protection, protection of historic or scientific values, subsistence uses, conservation of endangered or threatened species, or the purposes for which the park was established.’’ Off-Road Vehicles The subsistence use of motor vehicles off roads in Wrangell-St. Elias is governed by Section 811(b) of ANILCA (16 U.S.C. 3121(b)) and 36 CFR 13.460. Separate legal authorities govern other uses of motor vehicles off roads in Wrangell-St. Elias. Under 43 CFR 36.11(g)(1), non-subsistence use of offroad vehicles is generally prohibited, except on routes designated by NPS in accordance with Executive Order 11644, or pursuant to a valid permit issued under 43 CFR 36.11(g)(2), 43 CFR 36.10, or 43 CFR 36.12. Executive Order 11644, ‘‘Use of OffRoad Vehicles on the Public Lands,’’ issued in 1972 and amended in 1977 by Executive Order 11989, required federal agencies to issue regulations designating specific areas and routes on public lands where the use of ORVs may be E:\FR\FM\20AUR1.SGM 20AUR1

Agencies

[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Rules and Regulations]
[Pages 49229-49232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19795]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0643]
RIN 1625-AA08


Special Local Regulation, U.S. Hydro-Drag Nationals, Lake Dora; 
Tavares, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of Lake Dora in Tavares, Florida, during the Hydro-Drag 
Nationals, a series of high-speed personal watercraft races. The event 
is scheduled for August 30 and 31, 2014. Approximately 65 vessels are 
anticipated to participate in the races. This special local regulation 
is necessary to ensure the safety of life during the races.

DATES: This rule is effective and will be enforced from 9:00 a.m. until 
4 p.m. on August 30 and 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0643. 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, 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 Lieutenant Allan Storm, Sector Jacksonville Office of 
Waterways Management, U.S. Coast Guard; telephone (904) 564-7500, 
extension 7721, email Allan.H.Storm@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 is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the necessary information about the event 
until July 3, 2014. As a result, the Coast Guard did not have 
sufficient time to publish a NPRM and to receive public comments prior 
to the event. Any delay in the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
minimize potential danger to the race participants, participant 
vessels, spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that

[[Page 49230]]

good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

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 on navigable waters of the United 
States during the Hydro-Drag Nationals.

C. Discussion of the Final Rule

    On August 30 and 31, 2014, H2X Racing Promotions will host the U.S. 
Hydro-Drag Nationals, a series of high-speed personal watercraft races. 
The U.S. Hydro-Drag Nationals will be held on Lake Dora in Tavares, 
Florida. Approximately 65 vessels are anticipated to participate in the 
races. No spectator vessels are expected to attend the Hydro-Drag Tour.
    The rule will establish a special local regulation that encompasses 
certain waters of Lake Dora in Tavares, Florida. The special local 
regulation will be enforced from 9 a.m. until 4 p.m. on August 30 and 
31, 2014. This special local regulation is necessary to ensure the 
safety of life on navigable waters of the United States during the 
races. The special local regulation will consist of the following two 
areas: (1) A race area, where all persons and vessels, except those 
persons and vessels participating in the high-speed personal watercraft 
races, are prohibited from entering, transiting, anchoring, or 
remaining; and (2) a buffer zone around the race area, where all 
persons and vessels, except those persons and vessels enforcing the 
buffer zone, or authorized participants transiting to and from the race 
area, are prohibited from entering, transiting, anchoring, or remaining 
unless authorized by the Captain of the Port Jacksonville or a 
designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area or buffer zone by 
contacting the Captain of the Port Jacksonville by telephone at (904) 
564-7513, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the race area or buffer zone is granted by the Captain of the Port 
Jacksonville or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Jacksonville or a designated representative. The 
Coast Guard will provide notice of the special local regulations 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 these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only 14 hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the race area or 
buffer zone without being an authorized participant or enforcing the 
buffer zone, or receiving authorization from the Captain of the Port 
Jacksonville or a designated representative, they may operate in the 
surrounding area during the enforcement periods; (3) nonparticipant 
persons and vessels may still enter, transit through, anchor in, or 
remain within the race area or buffer zone if authorized by the Captain 
of the Port Jacksonville or a designated representative; and (4) the 
Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Lake Dora 
encompassed within the special local regulation from 9 a.m. until 4 
p.m. on August 30 and 31, 2014. For the reasons discussed in the 
Executive Order 12866 and Executive Order 13563 section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 49231]]

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves 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. This rule involves establishing a temporary 
special local regulation to ensure the safety of life during the Hydro-
Drag Nationals, which will be held over a two day period for 8 hours 
each day. An environmental analysis was performed during the marine 
event permit process for the event and a checklist and a categorical 
exclusion determination are not required for this special local 
regulation.

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.  100.35T07-0643 to read as follows:


Sec.  100.35T07-0643  Special Local Regulations; Hydro-Drag Tour, Lake 
Dora; Tavares, FL.

    (a) Regulated Areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Lake Dora encompassed within the 
following points: Starting at Point 1 in position 28[deg]47'57'' N, 
81[deg]43'39'' W; thence south to Point 2 in position 28[deg]47'55'' N, 
81[deg]43'39'' W; thence east to Point 3 in position 28[deg]47'55'' N, 
81[deg]43'22'' W; thence north to Point 4 in position 28[deg]47'58'' N, 
81[deg]43'22'' W; thence west back to origin. All persons and vessels, 
except those persons and vessels participating in the high-speed 
personal watercraft races, are prohibited from entering, transiting 
through, anchoring in, or remaining within the race area.
    (2) Buffer Zone. All waters of Lake Dora, excluding the race area, 
encompassed within the following points: Starting at Point 1 in 
position 28[deg]47'59'' N, 81[deg]43'40'' W; thence south to Point 2 in 
position 28[deg]47'53'' N, 81[deg]43'41'' W; thence east to Point 3 in 
position 28[deg]47'53'' N, 81[deg]43'19'' W; thence north to Point 4 in 
position 28[deg]47'59'' N, 81[deg]43'19'' W; thence west back to 
origin. All persons and vessels except those persons and vessels 
enforcing the buffer zone, or authorized participants transiting to or 
from the race area, are prohibited from entering, transiting through, 
anchoring in, or remaining within the buffer zone.
    (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 Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area and/or buffer zone unless authorized by 
Captain of the Port Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Jacksonville by telephone at (904) 564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization is granted by the Captain of the Port Jacksonville or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas to 
the public by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 9 
a.m. until 4 p.m. on August 30 and 31, 2014.


[[Page 49232]]


    Dated: July 29, 2014.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2014-19795 Filed 8-19-14; 8:45 am]
BILLING CODE 9110-04-P