Special Local Regulation; Bradenton Area Riverwalk Regatta; Manatee River, Bradenton, FL, 70488-70491 [2014-28051]
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Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Proposed Rules
incur if the entity is identified as an
applicable entity. The Commission does
not consider the estimated cost per
small entity to have a significant
economic impact on a substantial
number of small entities. Accordingly,
the Commission certifies that this NOPR
will not have a significant economic
impact on a substantial number of small
entities.
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VI. Comment Procedures
34. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due January 26, 2015.
Comments must refer to Docket No.
RM14–10–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
35. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
36. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
37. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VII. Document Availability
38. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
39. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
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viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
40. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014–27949 Filed 11–25–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0905]
RIN 1625–AA08
Special Local Regulation; Bradenton
Area Riverwalk Regatta; Manatee
River, Bradenton, FL
Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a special local regulation on
the waters of the Manatee River in
Bradenton, Florida during the
Bradenton Area Riverwalk Regatta. The
race is scheduled to take place annually
from 11:00 a.m. to 4:30 p.m. on the first
Saturday of February. The proposed
special local regulation is necessary to
protect the safety of race participants,
participant vessels, spectators, and the
general public on the navigable waters
of the United States during the event.
The special local regulation would
restrict vessel traffic in the waters of the
Manatee River in the vicinity of
Bradenton, Florida. It would establish
the following two areas: Enforcement
areas #1 and #2, where all persons and
vessels, except those persons and
vessels participating in the high speed
boat races and those vessels enforcing
the areas, are prohibited from entering,
transiting through, anchoring in, or
remaining within.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 26, 2014.
SUMMARY:
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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 Marine Science Technician First
Class Hector I. Fuentes, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email D07-SMB-Tampa-WWM@
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. 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
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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–2014–0657 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–2014–0905 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.
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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 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
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and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The Coast Guard is proposing to
establish this Special Local Regulation
on the waters of the Manatee River in
Bradenton, Florida during the
Bradenton Area Riverwalk Regatta. The
race is scheduled to take place annually
from approximately 11:00 a.m. to 4:30
p.m. during the first Saturday of
February. This proposed rule is
necessary to protect the safety of race
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 proposed rule
is the Coast Guard’s authority to
establish special local regulations: 33
U.S.C. 1233.
The purpose of the proposed rule is
to provide for the safety of life on
navigable waters of the United States
during the Bradenton Area Riverwalk
Regatta.
D. Discussion of Proposed Rule
This proposed rule is necessary to
establish a special local regulation that
will encompass certain waters of the
Manatee River in Bradenton, Florida.
The proposed special local regulations
will be enforced from approximately
11:00 a.m. to 4:30 p.m. normally
occurring annually during the first
Saturday of February. The proposed
special local regulations will establish
the following two areas: Enforcement
areas #1 and #2, where all persons and
vessels, except those persons and
vessels participating in the high speed
boat races and those vessels enforcing
the areas, are prohibited from entering,
transiting through, anchoring in, or
remaining within.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
enforcement areas by contacting the
Captain of the Port St. Petersburg by
telephone at (727) 824–7506, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the enforcement areas is granted
by the Captain of the Port St. Petersburg
or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
St. Petersburg or a designated
representative.
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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 special local regulations
would be enforced for only five and a
half hours; (2) although persons and
vessels are prohibited to enter, transit
through, anchor in, or remain within the
enforcement areas without authorization
from the Captain of the Port St.
Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the
enforcement areas during the
enforcement period if authorized by the
Captain of the Port St. Petersburg or a
designated representative; and (4) the
Coast Guard would provide advance
notification of the special local
regulations to the local maritime
community by Local Notice to Mariners,
Broadcast Notice to Mariners and/or onscene designated representatives.
2. Impact on Small Entities
Under 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.
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.
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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).
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
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.
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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.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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
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
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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
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 rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
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checklist supporting this determination
is 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.
F. 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Add § 100.722 to read as follows:
§ 100.722 Special Local Regulations;
Bradenton Area Riverwalk Regatta, Manatee
River; Bradenton, FL.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Enforcement Area #1. All waters of
the Manatee River between the Green
Bridge and the CSX Train Trestle
contained within the following points:
27°30.73′ N, 82°34.37′ W, thence to
position 27°30.73′ N, 82°34.13′ W,
thence to position 27°29.97′ N, 82°34.27′
W, thence to position 27°29.59′ N,
82°34.07′ W, thence back to the original
position, 27°30.73′ N, 82°34.37′ W.
(2) Enforcement Area #2. All waters of
the Manatee River contained within the
following points: 27°30.58′ N, 82°34.62′
W, thence to position 27°30.58′ N,
82°34.43′ W, thence to position
27°30.43′ N, 82°34.43′ W, thence to
position 27°30.43′ N, 82°34.62′ W,
thence back to the original position,
27°30.58′ N, 82°34.62′ W.
(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 St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated areas unless an
authorized race participant.
(2) Designated representatives may
control vessel traffic throughout the
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regulated areas as determined by the
prevailing conditions.
(3) 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 St. Petersburg by
telephone at (727) 824–7506, or a
designated representative via VHF radio
on channel 16.
(4) If authorization is granted by the
Captain of the Port St. Petersburg or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
(d) Enforcement Date. This rule will
be enforced from 11:00 a.m. to 4:30 p.m.
on the first Saturday of February.
Dated: November 3, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2014–28051 Filed 11–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2014–0117]
RIN 2127–AL48
Federal Motor Vehicle Safety
Standards; Motorcycle Brake Systems;
Motorcycle Controls and Displays
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This document proposes to
amend Federal Motor Vehicle Safety
Standards (FMVSSs) Nos. 122 and 123,
to allow the use of an internationally
recognized symbol as the antilock brake
system (ABS) malfunction telltale.
Although the use of the symbol
complies with the FMVSS No. 122
requirement that the letters ‘‘ABS’’
indicate a malfunction, the height of the
letters ‘‘ABS’’ within the standardized
malfunction symbol on many
motorcycles do not comply with the
letter height requirement in FMVSS No.
122. We also are proposing a technical
change to correct a mistake in the 2012
final rule adopting FMVSS No. 122.
DATES: Submit comments on or before
December 26, 2014.
ADDRESSES: You may submit comments
electronically to the docket identified in
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SUMMARY:
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the heading of this document by visiting
the following Web site:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Alternatively, you can file comments
using the following methods:
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: (202) 493–2251
Regardless of how you submit your
comments, you should mention the
docket number identified in the heading
of this document.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all 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 DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For
technical issues, you may contact Mike
Pyne, Office of Crash Avoidance
Standards, by telephone at (202) 366–
1810. For legal issues, you may contact
David Jasinski, Office of the Chief
Counsel, by telephone at (202) 366–
2992. You may send mail to both of
these officials at the National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
I. Background
On August 24, 2012, NHTSA
published a final rule in the Federal
Register amending Federal Motor
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70491
Vehicle Safety Standard (FMVSS) No.
122, Motorcycle Brake Systems.1 This
final rule adopted harmonized
requirements and test procedures
derived from a global technical
regulation (GTR) for motorcycle brakes.
The substantive provisions of FMVSS
No. 122 had not been updated since
their adoption in 1972 and no longer
reflected the performance of modern
motorcycle brake systems. Consistent
with the 1998 United Nations Economic
Commission for Europe (UNECE)
Agreement Concerning the
Establishment of Global Technical
Regulations for Wheeled Vehicles,
Equipment and Parts Which Can Be
Fitted And/or Be Used On Wheeled
Vehicles,2 GTR No. 3 was established.
GTR No. 3 combined the best practices
of requirements and test procedures
available internationally, mainly drawn
from FMVSS No. 122, UNECE
Regulation No. 78, and the Japanese
Safety Standard JSS12–61.3
Among the performance requirements
adopted as part of the revised FMVSS
No. 122 are tests for antilock brake
system (ABS) performance. Prior to the
August 2012 final rule, FMVSS No. 122
contained no ABS performance
requirements. Although FMVSS No. 122
does not require motorcycles to be
equipped with ABS, it includes test
procedures and minimum performance
requirements to assess the stability and
stopping performance of motorcycles
that are equipped with ABS. The new
tests, adopted from the GTR, include
stopping distance performance
requirements on high and low friction
surfaces, wheel lock tests on high and
low friction surfaces, and wheel lock
tests for high-to-low friction and low-tohigh friction surface transitions. The
new performance requirements also
include a performance test related to the
failure of the ABS system. These new
requirements are mandatory for most
motorcycles manufactured on or after
September 1, 2014.
1 77
FR 51649.
1998 UNECE Agreement Concerning the
Establishment of Global Technical Regulations for
Wheeled Vehicles, Equipment and Parts Which Can
Be Fitted And/or Be Used On Wheeled Vehicles
(1998 Agreement) was concluded under the
auspices of the United Nations and provides for the
establishment of globally harmonized vehicle
regulations. This 1998 Agreement, whose
conclusion was spearheaded by the United States,
entered into force in 2000 and is administered by
the UNECE’s World Forum for the Harmonization
of Vehicle Regulations (WP.29). See https://
www.unece.org/trans/main/wp29/wp29wgs/
wp29gen/wp29age.html (last accessed June 25,
2014).
3 A copy of GTR No. 3 was placed in the docket
for the NPRM associated with the final rule revising
FMVSS No. 122. See Docket No. NHTSA–2008–
0150–0002.
2 The
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]]>Agencies
[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Proposed Rules]
[Pages 70488-70491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28051]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0905]
RIN 1625-AA08
Special Local Regulation; Bradenton Area Riverwalk Regatta;
Manatee River, Bradenton, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Manatee River in Bradenton, Florida
during the Bradenton Area Riverwalk Regatta. The race is scheduled to
take place annually from 11:00 a.m. to 4:30 p.m. on the first Saturday
of February. The proposed special local regulation is necessary to
protect the safety of race participants, participant vessels,
spectators, and the general public on the navigable waters of the
United States during the event. The special local regulation would
restrict vessel traffic in the waters of the Manatee River in the
vicinity of Bradenton, Florida. It would establish the following two
areas: Enforcement areas #1 and #2, where all persons and vessels,
except those persons and vessels participating in the high speed boat
races and those vessels enforcing the areas, are prohibited from
entering, transiting through, anchoring in, or remaining within.
DATES: Comments and related material must be received by the Coast
Guard on or before December 26, 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 Marine Science Technician First Class Hector I. Fuentes,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email D07-SMB-Tampa-WWM@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
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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-2014-0657 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-2014-0905 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 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 is proposing to establish this Special Local
Regulation on the waters of the Manatee River in Bradenton, Florida
during the Bradenton Area Riverwalk Regatta. The race is scheduled to
take place annually from approximately 11:00 a.m. to 4:30 p.m. during
the first Saturday of February. This proposed rule is necessary to
protect the safety of race 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 proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233.
The purpose of the proposed rule is to provide for the safety of
life on navigable waters of the United States during the Bradenton Area
Riverwalk Regatta.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a special local
regulation that will encompass certain waters of the Manatee River in
Bradenton, Florida. The proposed special local regulations will be
enforced from approximately 11:00 a.m. to 4:30 p.m. normally occurring
annually during the first Saturday of February. The proposed special
local regulations will establish the following two areas: Enforcement
areas #1 and #2, where all persons and vessels, except those persons
and vessels participating in the high speed boat races and those
vessels enforcing the areas, are prohibited from entering, transiting
through, anchoring in, or remaining within.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port St. Petersburg by telephone at (727)
824-7506, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg 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) The special local regulations would be
enforced for only five and a half hours; (2) although persons and
vessels are prohibited to enter, transit through, anchor in, or remain
within the enforcement areas without authorization from the Captain of
the Port St. Petersburg or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the enforcement areas during the enforcement period if
authorized by the Captain of the Port St. Petersburg or a designated
representative; and (4) the Coast Guard would provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners, Broadcast Notice to Mariners
and/or on-scene designated representatives.
2. Impact on Small Entities
Under 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.
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.
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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 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), 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 rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination is 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.
F. 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 Sec. 100.722 to read as follows:
Sec. 100.722 Special Local Regulations; Bradenton Area Riverwalk
Regatta, Manatee River; Bradenton, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Enforcement Area #1. All waters of the Manatee River between
the Green Bridge and the CSX Train Trestle contained within the
following points: 27[deg]30.73' N, 82[deg]34.37' W, thence to position
27[deg]30.73' N, 82[deg]34.13' W, thence to position 27[deg]29.97' N,
82[deg]34.27' W, thence to position 27[deg]29.59' N, 82[deg]34.07' W,
thence back to the original position, 27[deg]30.73' N, 82[deg]34.37' W.
(2) Enforcement Area #2. All waters of the Manatee River contained
within the following points: 27[deg]30.58' N, 82[deg]34.62' W, thence
to position 27[deg]30.58' N, 82[deg]34.43' W, thence to position
27[deg]30.43' N, 82[deg]34.43' W, thence to position 27[deg]30.43' N,
82[deg]34.62' W, thence back to the original position, 27[deg]30.58' N,
82[deg]34.62' W.
(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 St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
areas unless an authorized race participant.
(2) Designated representatives may control vessel traffic
throughout the
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regulated areas as determined by the prevailing conditions.
(3) 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 St. Petersburg by telephone at (727) 824-7506,
or a designated representative via VHF radio on channel 16.
(4) If authorization is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.
(d) Enforcement Date. This rule will be enforced from 11:00 a.m. to
4:30 p.m. on the first Saturday of February.
Dated: November 3, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-28051 Filed 11-25-14; 8:45 am]
BILLING CODE 9110-04-P
