Special Local Regulation; Seminole Hard Rock Winterfest Boat Parade, Fort Lauderdale, FL, 64154-64157 [2014-25614]
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64154
Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
establish controlled airspace at El Jardin
Ranch Airport, Encinal, TX.
Environmental Review
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
17:14 Oct 27, 2014
[Amended]
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
Jkt 235001
On
October 16, 2014, HUD published a
proposed rule entitled, ‘‘Public Housing
Program: Demolition or Disposition of
Public Housing Projects, and
Conversion of Public Housing to
Tenant-Based Assistance’’ (79 FR
62250). In § 970.15(a), the proposed rule
inadvertently defined the term ‘‘HCC’’
as Housing Conservation Coordinators.
In § 970.5, ‘‘HCC’’ is correctly defined as
Housing Construction Cost. As a result,
HUD is correcting this section by
removing the incorrect language from
the rule.
In FR Doc. 2014–24068 appearing on
page 62250 in the Federal Register of
Thursday, October 16, 2014, the
following correction is made. On page
62280, in the third column, correct
paragraph (a)(2) of § 970.15 to read as
follows:
SUPPLEMENTARY INFORMATION:
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, dated August 6, 2014 and
effective September 15, 2014, is
amended as follows:
■
*
ASW TX E5 Encinal, TX [New]
El Jardin Ranch Airport, TX
(Lat. 28°04′26″ N., Long. 99°17′50″ W.)
That airspace extending upward from 700
feet above the surface within a 7-mile radius
of El Jardin Ranch Airport.
Issued in Fort Worth, TX, on October 10,
2014.
Robert W. Beck,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2014–25528 Filed 10–27–14; 8:45 am]
BILLING CODE 4901–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 970
[Docket No. FR–5399–C–02]
RIN 2577–AC82
Public Housing Program: Demolition
or Disposition of Public Housing
Projects, and Conversion of Public
Housing to Tenant-Based Assistance;
Correction
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule; correction.
AGENCY:
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
VerDate Sep<11>2014
§ 71.1
HUD is correcting a proposed
rule published in the Federal Register
of October 16, 2014. The November 16,
2014 proposed rule incorrectly defined
the term ‘‘HCC’’ in § 970.15. This
document corrects as unnecessary an
inadvertent error in expanding the
abbreviation ‘‘HCC’’ as it occurred in
§ 970.15(a) of the rule. The term ‘‘HCC’’
is correctly defined in another section of
the same rule.
FOR FURTHER INFORMATION CONTACT:
Stephen Shaw, Regulations Division,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410–8000; telephone
number 202–402–5087 (this is not a tollfree number). Hearing- or speechimpaired individuals may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
§ 970.15
[Corrected].
(a) * * *
(2) No reasonable program of
modifications is cost-effective to return
the project to its useful life as evidenced
by at least one estimate of the
rehabilitation cost of the project by an
independent architect or engineer that is
not a regular employee of the PHA. HUD
generally shall not consider a program
of modifications to be cost-effective if
the costs of such program exceed HCC
in effect at the time the application is
submitted to HUD; and
*
*
*
*
*
Dated: October 22, 2014.
Aaron Santa Anna,
Assistant General Counsel for Regulations.
[FR Doc. 2014–25499 Filed 10–27–14; 8:45 am]
BILLING CODE 4210–67–P
SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0812]
RIN 1625–AA08
Special Local Regulation; Seminole
Hard Rock Winterfest Boat Parade,
Fort Lauderdale, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation
during the Seminole Hard Rock
Winterfest Boat Parade scheduled to
occur on December 13, 2014, between
the hours of 2 p.m. and 11:30 p.m. on
SUMMARY:
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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules
the waters of the New River and
Intracoastal Waterway in Fort
Lauderdale, Florida. This special local
regulation is necessary to protect the
public from hazards associated with the
boat parade. The special local regulation
will consist of a moving zone around
participant vessels as the parade transits
the navigable waters of the United
States during the event. Persons and
vessels that are not participating in the
boat parade are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Miami or a designated
representative.
Comments and related material
must be received by the Coast Guard on
or before November 28, 2014. Requests
for public meetings must be received by
the Coast Guard on or before November
28, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://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:
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
DATES:
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
VerDate Sep<11>2014
17:14 Oct 27, 2014
Jkt 235001
comments and related materials. All
comments received will be posted
without change to https://
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 https://
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
https://www.regulations.gov, type the
docket number (USCG–2014–0812) 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
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
https://www.regulations.gov, type the
docket number (USCG–2014–0812) 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.
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64155
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
The Coast Guard proposes to establish
a Special Local Regulation on the New
River and Intracoastal Waterway in Fort
Lauderdale, Florida during the
Seminole Hard Rock Winterfest Boat
Parade. The parade is scheduled to take
place from 2 p.m. to 11:30 p.m. on
December 13, 2014. This proposed rule
is necessary to protect the safety of
parade participants, participant vessels,
spectators, and the general public on the
navigable waters of the United States
during the event.
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233.
The purpose of the rule is to provide
for the safety of life on the navigable
waters of the United States during the
boat parade.
D. Discussion of Proposed Rule
On December 13, 2014, Winterfest,
Inc. will be hosting the Seminole Hard
Rock Winterfest Boat Parade on the New
River and the Intracoastal Waterway in
Fort Lauderdale, Florida. The boat
parade will consist of approximately
120 vessels, which will begin at
Cooley’s Landing Marina and transit
east on the New River, then head north
on the Intracoastal Waterway to Lake
Santa Barbara.
The proposed special local regulation
consists of a moving zone that will
include a buffer zone extending 50
yards ahead of the lead parade vessel,
50 yards astern of the last participant
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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules
vessel, and 50 yards on either side of the
parade participant vessels. Notice of the
special local regulation will be provided
prior to the boat parade by Local Notice
to Mariners and Broadcast Notice to
Mariners. This special local regulation
will be enforced from 2 p.m. until 11:30
p.m. on December 13, 2014.
Persons and vessels may request
authorization to enter the special local
regulation areas by contacting the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the special
local regulation areas 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.
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.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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) This special local
regulation will be enforced for nine and
one half hours; (2) non-participant
persons and vessels may enter, transit
through, anchor in, or remain within the
regulated areas during their respective
enforcement periods if authorized by
the Captain of the Port Miami or a
designated representative; (3) nonparticipant persons and vessels not able
to enter, transit through, anchor in, or
remain within the regulated areas
without authorization from the Captain
of the Port Miami or a designated
representative may operate in the
surrounding areas during the respective
enforcement periods; and (4) the Coast
Guard will provide advance notification
of the special local regulation to the
local maritime community by Local
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17:14 Oct 27, 2014
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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 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
any of the regulated areas during the
respective enforcement periods. 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
listed in the FOR FURTHER INFORMATION
CONTACT section 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
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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
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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules
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), and
have made a preliminary determination
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 proposed
rule involves the creation of a special
local regulation issued in conjunction
with a regatta or marine parade. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. Preliminary environmental
analysis checklists supporting this
determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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 proposes to
amend 33 CFR part 100 as follows:
§ 100.35T07–0812 Special Local
Regulation; Seminole Hard Rock Winterfest
Boat Parade, Fort Lauderdale, FL.
DEPARTMENT OF HOMELAND
SECURITY
(a) Regulated area. The following
moving zone is a regulated area. All
waters within a moving zone that will
begin at Cooley’s Landing Marina and
end at Lake Santa Barbara, which will
include a buffer area extending 50 yards
ahead of the lead parade vessel, 50
yards astern of the last participating
vessel, and 50 yards on either side of the
entire parade. This special local
regulation will be enforced from 2 p.m.
until 11:30 p.m. on December 13, 2014.
(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 areas.
(c) Regulations. (1) Non-participant
persons and vessels are prohibited from
entering the moving zone. Nonparticipant persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
regulated areas by contacting the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide
notice of the special local regulation by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement times. This rule will
be enforced from 2 p.m. until 11:30 p.m.
on December 13, 2014.
Coast Guard
Dated: October 15, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2014–25614 Filed 10–27–14; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. Add a temporary § 100.35T07–0812
to read as follows:
■
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33 CFR Part 165
[Docket Number USCG–2014–0898]
RIN 1625–AA00
Safety Zone; Kent Narrows Draw
Bridge Repairs, Kent Island Narrows;
Queen Anne’s County, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone
encompassing certain waters of Kent
Island Narrows in Queen Anne’s
County, MD. This action is necessary to
provide for the safety of mariners and
their vessels on navigable waters during
bridge repairs at the Kent Narrows (MD–
18B) Draw Bridge. This action is
intended to restrict vessel traffic
movement to protect mariners from
potential safety hazards associated with
the bridge project scheduled to occur in
the federal navigation channel between
December 15, 2014 and February 16,
2015. Entry into this zone is prohibited
unless specifically authorized by the
Captain of the Port Baltimore or his
designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 28, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://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 Mr. Ronald Houck, Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Proposed Rules]
[Pages 64154-64157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25614]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0812]
RIN 1625-AA08
Special Local Regulation; Seminole Hard Rock Winterfest Boat
Parade, Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation during the Seminole Hard Rock Winterfest Boat Parade
scheduled to occur on December 13, 2014, between the hours of 2 p.m.
and 11:30 p.m. on
[[Page 64155]]
the waters of the New River and Intracoastal Waterway in Fort
Lauderdale, Florida. This special local regulation is necessary to
protect the public from hazards associated with the boat parade. The
special local regulation will consist of a moving zone around
participant vessels as the parade transits the navigable waters of the
United States during the event. Persons and vessels that are not
participating in the boat parade are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Miami or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before November 28, 2014. Requests for public meetings must
be received by the Coast Guard on or before November 28, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://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 https://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
https://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 https://www.regulations.gov,
type the docket number (USCG-2014-0812) 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 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 https://www.regulations.gov,
type the docket number (USCG-2014-0812) 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
The Coast Guard proposes to establish a Special Local Regulation on
the New River and Intracoastal Waterway in Fort Lauderdale, Florida
during the Seminole Hard Rock Winterfest Boat Parade. The parade is
scheduled to take place from 2 p.m. to 11:30 p.m. on December 13, 2014.
This proposed rule is necessary to protect the safety of parade
participants, participant vessels, spectators, and the general public
on the navigable waters of the United States during the event.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
The purpose of the rule is to provide for the safety of life on the
navigable waters of the United States during the boat parade.
D. Discussion of Proposed Rule
On December 13, 2014, Winterfest, Inc. will be hosting the Seminole
Hard Rock Winterfest Boat Parade on the New River and the Intracoastal
Waterway in Fort Lauderdale, Florida. The boat parade will consist of
approximately 120 vessels, which will begin at Cooley's Landing Marina
and transit east on the New River, then head north on the Intracoastal
Waterway to Lake Santa Barbara.
The proposed special local regulation consists of a moving zone
that will include a buffer zone extending 50 yards ahead of the lead
parade vessel, 50 yards astern of the last participant
[[Page 64156]]
vessel, and 50 yards on either side of the parade participant vessels.
Notice of the special local regulation will be provided prior to the
boat parade by Local Notice to Mariners and Broadcast Notice to
Mariners. This special local regulation will be enforced from 2 p.m.
until 11:30 p.m. on December 13, 2014.
Persons and vessels may request authorization to enter the special
local regulation areas by contacting the Captain of the Port Miami by
telephone at 305-535-4472, or a designated representative via VHF radio
on channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the special local
regulation areas 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.
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)
This special local regulation will be enforced for nine and one half
hours; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated areas during their
respective enforcement periods if authorized by the Captain of the Port
Miami or a designated representative; (3) non-participant persons and
vessels not able to enter, transit through, anchor in, or remain within
the regulated areas without authorization from the Captain of the Port
Miami or a designated representative may operate in the surrounding
areas during the respective enforcement periods; 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
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 any of the regulated areas during the respective
enforcement periods. 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 listed in the FOR FURTHER INFORMATION CONTACT
section 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
[[Page 64157]]
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), and
have made a preliminary determination 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 proposed rule
involves the creation of a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. Preliminary environmental analysis checklists
supporting this determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 100.35T07-0812 to read as follows:
Sec. 100.35T07-0812 Special Local Regulation; Seminole Hard Rock
Winterfest Boat Parade, Fort Lauderdale, FL.
(a) Regulated area. The following moving zone is a regulated area.
All waters within a moving zone that will begin at Cooley's Landing
Marina and end at Lake Santa Barbara, which will include a buffer area
extending 50 yards ahead of the lead parade vessel, 50 yards astern of
the last participating vessel, and 50 yards on either side of the
entire parade. This special local regulation will be enforced from 2
p.m. until 11:30 p.m. on December 13, 2014.
(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 areas.
(c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering the moving zone. Non-participant persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the regulated areas by contacting the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16. If authorization is granted by the Captain
of the Port Miami or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Miami or a designated representative.
(2) The Coast Guard will provide notice of the special local
regulation by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
(d) Enforcement times. This rule will be enforced from 2 p.m. until
11:30 p.m. on December 13, 2014.
Dated: October 15, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-25614 Filed 10-27-14; 8:45 am]
BILLING CODE 9110-04-P
