Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL, 11607-11610 [2015-04284]
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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules
Day 1. On the first Form W–2G, S will report
$2,000 of reportable gambling winnings and
$560 of backup withholding with respect to
the 2 p.m. win from keno, and on the second
Form W–2G S will report $5,000 of
reportable gambling winnings from keno
(representing the three payments of $1,500,
$1,700, and $1,800 that D won between 6
p.m. and 10 p.m. on Day 1).
Example 4. In one session on Day 1, E won
five reportable gambling winnings from five
different bingo games at a casino T. T
generally uses the aggregate reporting method
and in all cases where it is used, T complies
with the requirements of this paragraph (h).
Although E signed the entry in the record T
maintains for payment of the first four
reportable gambling winnings, E refuses to
sign the entry in the record for the fifth
payment of reportable gambling winnings. T
may use the aggregate reporting method for
the first four payments of reportable
gambling winnings to E. However, because
the entry in the record for the fifth payment
of reportable gambling winnings does not
include E’s signature, that payment may not
be reported under the aggregate reporting
method. Accordingly, if T uses the aggregate
reporting method under paragraph (h) of this
section, T must prepare two Forms W–2G as
follows: On the first Form W–2G, T must
report the first four payments of reportable
gambling winnings from bingo made to E on
Day 1. On the second Form W–2G, T must
report the fifth payment of reportable
gambling winnings from bingo made to E on
Day 1.
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(i) Payments to foreign persons. See
§ 1.6041–4 regarding payments to
foreign persons. See § 1.6049–5(d) for
determining whether the payee is a
foreign person.
(j) Effective/applicability date. This
section applies to payments of
reportable gambling winnings from
bingo, keno, slot machine play, and
electronically tracked slot machine play
made on or after the date these
regulations are published as final
regulations in the Federal Register. For
payments made before that date, other
than payments from electronically
tracked slot machine play, payors may
rely on the provisions of these proposed
regulations.
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT
SOURCE
Par. 3. The authority citation for part
31 continues to read in part as follows:
■
26 U.S.C. 7805 * * *
§ 31.3406(g)–2
[Amended]
Par. 4. In § 31.3406(g)–2, paragraph
(d)(3) is amended by removing the text
■
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‘‘§ 7.6041–1’’ and adding the text
‘‘§ 1.6041–10’’ in its place.
*
*
*
*
*
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2015–04437 Filed 3–3–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0024]
RIN 1625–AA00
Safety Zone; Rotary Club of Fort
Lauderdale New River Raft Race, New
River; Fort Lauderdale, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the New River in Fort
Lauderdale, Florida during the Rotary
Club of Fort Lauderdale New River Raft
Race, on Saturday, April 18, 2015. The
safety zone will encompass the waters
between Esplanade Park to just east of
the Southeast 3rd Avenue Bridge.
Approximately 100 participants will
attend the race. The safety zone is
necessary to ensure the safety of the
participants, participant vessels, and the
general public during the event. Persons
and vessels, except those participating
in the event, 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.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 3, 2015.
Requests for public meetings must be
received by the Coast Guard on or before
April 3, 2015.
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
DATES:
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11607
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–2015–0024 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules
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–2015–0024) 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).
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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
Previously, a rule regarding this
maritime event was published in the
Code of Federal Regulations at 33 CFR
part 100. No final rule has been
published in regards to this event.
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
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U.S.C. 191, 195 33 CFR 1.05–1, 6.04–6,
and 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1. The purpose of
the rule is to provide for the safety of
life on navigable waters of the United
States during the Rotary Club of Fort
Lauderdale New River Raft Race.
D. Discussion of Proposed Rule
On April 18, 2015, Fort Lauderdale
Rotary Club is hosting the Rotary Club
of Fort Lauderdale New River Raft Race.
The race will be held on the waters of
the New River in Fort Lauderdale,
Florida. Approximately 100 participants
will attend the race. Minimal spectator
vessels are expected.
The proposed rule will establish a
safety zone that will encompass certain
navigable waters of the New River in
Fort Lauderdale, Florida from Esplanade
Park to east of the Southeast 3rd Avenue
Bridge. The safety zone will be enforced
from 3 p.m. until 6 p.m. on April 18,
2015.
Non-participant persons and vessels
may request authorization to enter,
transit through, anchor in, or remain
within the event area by contacting the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
event area is granted by the Captain of
the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
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proposed rule is not significant for the
following reasons: (1) The safety zone
will be enforced for only three hours; (2)
although non-participant persons and
vessels will not be able to enter, transit
through, anchor in, or remain within the
event area without authorization from
the Captain of the Port Miami or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (3) nonparticipant persons and vessels may still
enter, transit through, anchor in, or
remain within the event area during the
enforcement period if authorized by the
Captain of the Port Miami or a
designated representative; and (4) the
Coast Guard will provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act (5
U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
This rulemaking may affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to enter,
transit through, anchor in, or remain
within that portion of Biscayne Bay
encompassed within the safety zone
from 3 p.m. until 6 p.m. on April 18,
2015. For the reasons discussed in the
Regulatory Planning and Review section
above, this rulemaking 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 proposed 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 rulemaking would economically
affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, above. The Coast Guard will
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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
rulemaking 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 rulemaking elsewhere in
this preamble.
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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.
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10. Protection of Children From
Environmental Health Risks
List of Subjects in 33 CFR Part 165
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rulemaking
and would not create an environmental
risk to health or risk to safety that might
disproportionately affect children.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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 proposed
rule involves the creation of a special
local regulation issued in conjunction
with a regatta or marine parade. This
rulemaking is categorically excluded
from further review under paragraph
34(g) 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.
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0024 to
read as follows: § 165.T07–0024 Safety
Zone; Rotary Club of Fort Lauderdale
New River Raft Race, New River, Fort
Lauderdale, FL.
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the New River between
Esplanade Park east to just east of the
Southeast 3rd Avenue Bridge, contained
within the following points: starting at
Point 1 in position 26°07′10″ N,
80°08′52″ W; thence southeast to Point
2 in position 26°07′05″ N, 80°08′34″ W;
thence southwest to Point 3 in position
26°07′04″ N, 80°08′35″ W thence
northwest to Point 4 in position
26°07′08″ N, 80°08′52″ W; thence north
back to origin. All coordinates are North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations.
(1) Non-participant persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by Captain of the Port
Miami or a designated representative.
Non-participant persons and vessels
may request authorization to enter,
transit through, anchor in, or remain
within the regulated area 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
■
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instructions of the Captain of the Port
Miami or a designated representative.
(2) The Coast Guard will provide
notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners and on-scene designated
representatives.
(d) Effective Date. This rule will be
enforced from 3 p.m. until 6 p.m. on
April 18, 2015.
Dated: February 20, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2015–04284 Filed 3–3–15; 8:45 a.m.]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 62 and 70
[EPA–R07–OAR–2015–0006; FRL 9923–67–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans, State
Plans for Designated Facilities and
Pollutants, and Operating Permits
Program; State of Missouri
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) and the operating permits
program for the State of Missouri which
were received on November 6, 2013,
November 20, 2014, March 27, 2014,
July 7, 2014, and July 14, 2014. The
revisions submitted by the state include
amendments to rules relating to
reference methods, definitions and
common reference tables, ambient air
quality standards, and a rule rescission
related to air quality control measures
for sources clustered in small land
areas. Many of the revisions are
administrative in nature and either
incorporate by reference or update state
rules to match Federal regulations.
Some are more substantive, but are noncontroversial. In addition, they provide
more clarity for the regulated public.
This direct final action will amend the
SIP to include revised regulations which
will then be more consistent with
Federal regulations. These revisions do
not have an adverse effect on air quality.
EPA’s proposed approval of these rule
revisions is being done in accordance
with the requirements of the Clean Air
Act (CAA).
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SUMMARY:
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Comments on this proposed
action must be received in writing by
April 3, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0006, by mail to Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7147, or by email at
bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
proposing to approve revisions to the
State Implementation Plan (SIP), the 40
CFR part 62 state plans (111(d)), and the
40 CFR part 70 operating permits
program, for the State of Missouri’s
requests to amend the following rules:
DATES:
1. 10 CSR 10–6.040, Reference Methods,
received November 6, 2013.
2. 10 CSR 10–6.040, Reference Methods,
received November 20, 2014.
3. 10 CSR 10–6.020, Definitions and Common
Reference Tables, received March 27,
2014.
4. 10 CSR 10–5.240, Additional Air Quality
Control Measures May be Required
When Sources are Clustered in a Small
Land Area, received July 7, 2014.
5. 10 CSR 10–6.010, Air Quality Standards,
received July 14, 2014.
The revisions submitted by the state
include revisions to update standards
and reference methods, to clarify, add or
amend definitions and reference tables,
to rescind an outdated rule, and to
update and clarify ambient air quality
standards. For more information on the
state’s submissions, specific revisions to
each rule and EPA’s review of the
revisions, see the Technical Support
Document (TSD) that is a part of this
docket.
In the final rules section of this
Federal Register, EPA is approving the
state’s SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
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final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: February 13, 2015.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend 40 CFR parts
52, 62, and 70 as set forth below:
Chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—MISSOURI
2. In § 52.1320 the table in paragraph
(c) is amended by:
■ a. Removing under Chapter 5, the
entry for ‘‘10–5.240’’; and
■ b. Revising under Chapter 6, the
entries for ‘‘10–6.010’’, ‘‘10–6.020’’, and
‘‘10–6.040’’.
■
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]]>Agencies
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11607-11610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04284]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0024]
RIN 1625-AA00
Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race,
New River; Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the New River in Fort Lauderdale, Florida during the
Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, April
18, 2015. The safety zone will encompass the waters between Esplanade
Park to just east of the Southeast 3rd Avenue Bridge. Approximately 100
participants will attend the race. The safety zone is necessary to
ensure the safety of the participants, participant vessels, and the
general public during the event. Persons and vessels, except those
participating in the event, 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 April 3, 2015.
Requests for public meetings must be received by the Coast Guard on
or before April 3, 2015.
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-2015-0024 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
[[Page 11608]]
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-2015-0024) 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
Previously, a rule regarding this maritime event was published in
the Code of Federal Regulations at 33 CFR part 100. No final rule has
been published in regards to this event.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195 33
CFR 1.05-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. The purpose of
the rule is to provide for the safety of life on navigable waters of
the United States during the Rotary Club of Fort Lauderdale New River
Raft Race.
D. Discussion of Proposed Rule
On April 18, 2015, Fort Lauderdale Rotary Club is hosting the
Rotary Club of Fort Lauderdale New River Raft Race. The race will be
held on the waters of the New River in Fort Lauderdale, Florida.
Approximately 100 participants will attend the race. Minimal spectator
vessels are expected.
The proposed rule will establish a safety zone that will encompass
certain navigable waters of the New River in Fort Lauderdale, Florida
from Esplanade Park to east of the Southeast 3rd Avenue Bridge. The
safety zone will be enforced from 3 p.m. until 6 p.m. on April 18,
2015.
Non-participant persons and vessels may request authorization to
enter, transit through, anchor in, or remain within the event area by
contacting the Captain of the Port Miami by telephone at 305-535-4472,
or a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the event area is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative. The Coast Guard will provide
notice of the safety zone by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
The safety zone will be enforced for only three hours; (2) although
non-participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the event area without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event area
during the enforcement period if authorized by the Captain of the Port
Miami or a designated representative; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This rulemaking may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Biscayne Bay encompassed within the safety zone from 3 p.m. until 6
p.m. on April 18, 2015. For the reasons discussed in the Regulatory
Planning and Review section above, this rulemaking 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 proposed 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 rulemaking would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, above. The Coast Guard will
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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 rulemaking 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
rulemaking 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 proposed rule is not an economically significant rulemaking
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 proposed rule involves the
creation of a special local regulation issued in conjunction with a
regatta or marine parade. This rulemaking is categorically excluded
from further review under paragraph 34(g) 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0024 to read as follows: Sec.
165.T07-0024 Safety Zone; Rotary Club of Fort Lauderdale New River Raft
Race, New River, Fort Lauderdale, FL.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the New River between Esplanade Park east to just east of
the Southeast 3rd Avenue Bridge, contained within the following points:
starting at Point 1 in position 26[deg]07'10'' N, 80[deg]08'52'' W;
thence southeast to Point 2 in position 26[deg]07'05'' N,
80[deg]08'34'' W; thence southwest to Point 3 in position
26[deg]07'04'' N, 80[deg]08'35'' W thence northwest to Point 4 in
position 26[deg]07'08'' N, 80[deg]08'52'' W; thence north back to
origin. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations.
(1) Non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by Captain of the Port Miami or a
designated representative. Non-participant persons and vessels may
request authorization to enter, transit through, anchor in, or remain
within the regulated area 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
[[Page 11610]]
instructions of the Captain of the Port Miami or a designated
representative.
(2) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Effective Date. This rule will be enforced from 3 p.m. until 6
p.m. on April 18, 2015.
Dated: February 20, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-04284 Filed 3-3-15; 8:45 a.m.]
BILLING CODE 9110-04-P
