Safety Zone, Daytona Beach Grand Prix of the Seas; Atlantic Ocean; Daytona Beach, FL, 15176-15179 [2015-06149]
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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules
safety that may disproportionately affect
children.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
11. Indian Tribal Governments
■
1. The authority citation for part 165
continues to read as follows:
Coast Guard
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
33 CFR Part 165
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This 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
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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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This proposed rule
involves the establishment of a safety
zone. This proposed rule is categorically
excluded from further review under
paragraph 34–g of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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[Docket Number USCG–2014–1079]
RIN 1625–AA00
2. Add § 165.T05–0048 to read as
follows:
Safety Zone, Daytona Beach Grand
Prix of the Seas; Atlantic Ocean;
Daytona Beach, FL
§ 165.T05–0048 Safety Zone, Chesapeake
Bay; Cape Charles, VA.
AGENCY:
■
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
(b) Location. The following area is a
proposed safety zone: Specified waters
of the Captain of the Port Sector
Hampton Roads zone, as defined in 33
CFR 3.25–10, in the vicinity of the
Chesapeake Bay near Cape Charles, VA
all waters within a 700 foot radius of
approximate location 37°15′47″ N/
076°01′29″ W (NAD 1983) which is
located at the end of Bayshore Road in
Cape Charles Harbor.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Contact on scene contracting
vessels via VHF channel 13 and 16 for
passage instructions.
(ii) If on scene proceed as directed by
any commissioned, warrant or petty
officer on shore or on board a vessel that
is displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone may be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This section
will be enforced from 9:30 p.m. until 10
p.m. on August 1, 2015.
Dated: March 9, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2015–06582 Filed 3–20–15; 8:45 am]
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ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a safety zone on the waters of
the Atlantic Ocean east of Daytona
Beach, Florida during the Daytona
Beach Grand Prix of the Seas, a series
of high-speed personal watercraft boat
races. This proposed safety zone would
be enforced from 7 a.m. on Friday until
7 p.m. on Sunday during the last
weekend in April. Approximately 50
high-speed personal watercrafts are
anticipated to participate in the races,
and approximately 20 spectator vessels
are expected to attend the event. This
safety zone is necessary to ensure the
safety of life on navigable waters of the
United States during the races. The
regulated area would consist of the
following location: All waters of the
Atlantic Ocean encompassed within the
following points: starting at Point 1 in
position 29°14.601′ N, 81°00.767′ W;
thence south to Point 2 in position
29°13.677′ N, 81°00.283′ W; thence east
to Point 3 in position 29°13.860′ N,
080°59.763′ W; thence north to Point 4
in position 29°14.781′ N, 80°59.802′ W;
thence west back to origin. All persons
and vessels, except those persons and
vessels participating in the high-speed
personal watercraft event, are prohibited
from entering, transiting, anchoring, or
remaining in the regulated area unless
authorized by the Captain of the Port
Jacksonville or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard by
April 22, 2015. Requests for public
meetings must be received by the Coast
Guard on or before March 24, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–1079 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
Mail or delivery: Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
SUMMARY:
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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:
Lieutenant Allan Storm, Coast Guard
Sector Jacksonville, Chief of Waterways
Management, telephone (904) 564–7563,
email Allan.H.Storm@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
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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, 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–2014–1079] in
the ‘‘SEARCH’’ box and click
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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–2014–1079) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder 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
1. Submitting Comments
VerDate Sep<11>2014
‘‘SEARCH.’’ Click on the ‘‘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.
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 on or before March 24, 2015
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. Basis and Purpose
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish safety zones: 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,
6.04–6 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.
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The purpose of the proposed rule is
to ensure safety of life and property on
navigable waters of the United States
during the Daytona Beach Grand Prix of
the Seas.
C. Discussion of Proposed Rule
Powerboat P1–USA hosts the Daytona
Beach Grand Prix of the Sea, a series of
high-speed personal watercraft boat
races, every year on the last weekend of
April.
The proposed rule would establish a
safety zone that encompasses certain
waters of the Atlantic Ocean east of
Daytona Beach, Florida. Approximately
50 high-speed personal watercrafts are
anticipated to participate in the races,
and approximately 20 spectator vessels
are expected to attend the event.
This proposed safety zone would be
enforced from 7 a.m. on Friday until 7
p.m. on Sunday during the last weekend
in April. The regulated area would
consist of the following location: (1) All
waters of the Atlantic Ocean
encompassed within the following
points: starting at Point 1 in position
29°14.601′ N, 81°00.767′ W; thence
south to Point 2 in position 29°13.677′
N, 81°00.283′ W; thence east to Point 3
in position 29°13.860′ N, 080°59.763′ W;
thence north to Point 4 in position
29°14.781′ N, 80°59.802′ W; thence west
back to origin. Persons and vessels
desiring to enter, transit through, anchor
in, or remain within the regulated area
may contact the Captain of the Port
Jacksonville via telephone at (904) 564–
7513, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain in
the regulated area is granted by the
Captain of the Port Jacksonville or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Jacksonville or
a designated representative. The Coast
Guard will provide notice to the
maritime community when this safety
zone will be in effect via Broadcast
Notice to Mariners or by on-scene
designated representatives.
D. 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
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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 would be
enforced for a total of only 36 hours
over the course of three days; (2)
although persons and vessels would not
be able to enter, transit through, anchor
in, or remain within the safety zone
without authorization from the Captain
of the Port Jacksonville or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement period; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the safety zone if authorized by
the Captain of the Port Jacksonville or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the safety zone to the
local maritime community via Broadcast
Notice to Mariners or by on-scene
designated representative.
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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. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this proposed rule would not have
a significant economic impact on a
substantial number of small entities.
This proposed 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 the portion of the Atlantic Ocean
encompassed within the safety zone
from 7 a.m. on Friday until 7:00 p.m. on
Sunday during the last weekend in
April. For the reasons discussed in the
Regulatory Planning and Review section
above, this proposed rule would 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
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this proposed 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.
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.
5. Federalism
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.
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.
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.
6. Protest Activities
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.
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).
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.
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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
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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules
the human environment. This proposed
rule involves a safety zone issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
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 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.
■
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§ 165.725 Safety Zone; Daytona Beach
Grand Prix of the Seas; Atlantic Ocean;
Daytona Beach, FL.
(a) Regulated Area. The following
regulated area is established as a safety
zone. All coordinates are North
American Datum 1983.
(1) Safety Zone. All waters of the
Atlantic Ocean encompassed within the
following points: Starting at Point 1 in
position 29°14.601′ N, 81°00.767′ W;
thence south to Point 2 in position
29°13.677′ N, 81°00.283′ W; thence east
to Point 3 in position 29°13.860′ N,
080°59.763′ W; thence north to Point 4
in position 29°14.781′ N, 80°59.802′ W;
thence west back to origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from:
(A) Entering, transiting through,
anchoring in, or remaining within the
regulated area unless participating in
the event.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Jacksonville via telephone at (904) 564–
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Dated: March 4, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2015–06149 Filed 3–20–15; 8:45 am]
BILLING CODE 9110–04–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
2. Add § 165.725 to read as follows:
VerDate Sep<11>2014
7513, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain in
the regulated area is granted by the
Captain of the Port Jacksonville or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Jacksonville or
a designated representative.
(3) The Coast Guard will provide
notice to the maritime community when
this safety zone will be in effect via
Broadcast Notice to Mariners or by onscene designated representatives.
(d) Enforcement Period. This rule will
be enforced daily from 7 a.m. on Friday
until 7 p.m. on Sunday during the last
weekend in April.
36 CFR Part 1192
[Docket No. ATBCB–2013–0001]
RIN 3014–AA42
Rail Vehicles Access Advisory
Committee
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of advisory committee
meeting.
AGENCY:
On May 23, 2013, we, the
Architectural and Transportation
Barriers Compliance Board (Access
Board), established the Rail Vehicles
Access Advisory Committee
(Committee) to advise us on revising
and updating our accessibility
guidelines issued pursuant to the
Americans with Disabilities Act for
transportation vehicles that operate on
fixed guideway systems (e.g., rapid rail,
light rail, commuter rail, intercity rail,
and high speed rail). The Committee
will hold its sixth meeting on the
following dates and times.
DATES: The Committee will meet on
April 23, 2015, from 10:00 a.m. to 5:00
p.m. and on April 24, 2015, from 9:30
a.m. to 3:00 p.m.
ADDRESSES: The meeting will be held at
the Access Board Conference Room,
1331 F Street NW., Suite 800,
SUMMARY:
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15179
Washington, DC 20004–1111. Call-in
information and a communication
access real-time translation (CART) web
streaming link will be posted on the
Access Board’s Rail Vehicles Access
Advisory Committee Web site page at
www.access-board.gov/rvaac.
FOR FURTHER INFORMATION CONTACT: Paul
Beatty, Office of Technical and
Information Services, Access Board,
1331 F Street NW., Suite 1000,
Washington, DC 20004–1111.
Telephone number (202) 272–0012
(Voice); (202) 272–0072 (TTY).
Electronic mail address: rvaac@accessboard.gov.
SUPPLEMENTARY INFORMATION: On May
23, 2013, we published a notice
announcing that we were establishing a
Rail Vehicles Access Advisory
Committee (Committee) to make
recommendations to us on matters
associated with revising and updating
our accessibility guidelines issued
pursuant to the Americans with
Disabilities Act for transportation
vehicles that operate on fixed guideway
systems (e.g., rapid rail, light rail,
commuter rail, intercity rail, and high
speed rail). See 78 FR 30828 (May 23,
2013).
The Committee will hold its sixth
meeting on April 23, 2015, from 10:00
a.m. to 5:00 p.m. and on April 24, 2015,
from 9:30 a.m. to 3:00 p.m. The
preliminary agenda for the April
meeting includes deliberation of
committee member concerns pertaining
to the accessibility of rail vehicles and
consideration of process-related matters.
The preliminary meeting agenda, along
with information about the Committee,
is available on our Web site at
www.access-board.gov/rvaac.
The Committee meeting will be open
to the public and interested persons can
attend the meetings and communicate
their views. Members of the public will
have opportunities to address the
Committee on issues of interest to them
during a public comment period
scheduled each day. The meetings will
be accessible to persons with
disabilities. An assistive listening
system, communication access real-time
translation (CART), and sign language
interpreters will be provided. Persons
attending the meetings are requested to
refrain from using perfume, cologne,
and other fragrances for the comfort of
other participants (see www.accessboard.gov/the-board/policies/fragrancefree-environment for more information).
Persons wishing to provide handouts
or other written information to the
Committee are requested to provide
electronic formats to Paul Beatty via
email at least five business days prior to
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Agencies
[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Proposed Rules]
[Pages 15176-15179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06149]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1079]
RIN 1625-AA00
Safety Zone, Daytona Beach Grand Prix of the Seas; Atlantic
Ocean; Daytona Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
waters of the Atlantic Ocean east of Daytona Beach, Florida during the
Daytona Beach Grand Prix of the Seas, a series of high-speed personal
watercraft boat races. This proposed safety zone would be enforced from
7 a.m. on Friday until 7 p.m. on Sunday during the last weekend in
April. Approximately 50 high-speed personal watercrafts are anticipated
to participate in the races, and approximately 20 spectator vessels are
expected to attend the event. This safety zone is necessary to ensure
the safety of life on navigable waters of the United States during the
races. The regulated area would consist of the following location: All
waters of the Atlantic Ocean encompassed within the following points:
starting at Point 1 in position 29[deg]14.601' N, 81[deg]00.767' W;
thence south to Point 2 in position 29[deg]13.677' N, 81[deg]00.283' W;
thence east to Point 3 in position 29[deg]13.860' N, 080[deg]59.763' W;
thence north to Point 4 in position 29[deg]14.781' N, 80[deg]59.802' W;
thence west back to origin. All persons and vessels, except those
persons and vessels participating in the high-speed personal watercraft
event, are prohibited from entering, transiting, anchoring, or
remaining in the regulated area unless authorized by the Captain of the
Port Jacksonville or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard by April 22, 2015. Requests for public meetings must be received
by the Coast Guard on or before March 24, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-1079 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
Mail or delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey
[[Page 15177]]
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: Lieutenant Allan Storm, Coast Guard
Sector Jacksonville, Chief of Waterways Management, telephone (904)
564-7563, email Allan.H.Storm@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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, 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-2014-1079] in the ``SEARCH'' box and click
``SEARCH.'' Click on the ``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-2014-1079) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder 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 on or before March 24, 2015 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. Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish safety zones: 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
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.
The purpose of the proposed rule is to ensure safety of life and
property on navigable waters of the United States during the Daytona
Beach Grand Prix of the Seas.
C. Discussion of Proposed Rule
Powerboat P1-USA hosts the Daytona Beach Grand Prix of the Sea, a
series of high-speed personal watercraft boat races, every year on the
last weekend of April.
The proposed rule would establish a safety zone that encompasses
certain waters of the Atlantic Ocean east of Daytona Beach, Florida.
Approximately 50 high-speed personal watercrafts are anticipated to
participate in the races, and approximately 20 spectator vessels are
expected to attend the event.
This proposed safety zone would be enforced from 7 a.m. on Friday
until 7 p.m. on Sunday during the last weekend in April. The regulated
area would consist of the following location: (1) All waters of the
Atlantic Ocean encompassed within the following points: starting at
Point 1 in position 29[deg]14.601' N, 81[deg]00.767' W; thence south to
Point 2 in position 29[deg]13.677' N, 81[deg]00.283' W; thence east to
Point 3 in position 29[deg]13.860' N, 080[deg]59.763' W; thence north
to Point 4 in position 29[deg]14.781' N, 80[deg]59.802' W; thence west
back to origin. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the regulated area may contact the Captain
of the Port Jacksonville via telephone at (904) 564-7513, or a
designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain in the regulated area is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice to the maritime community when this
safety zone will be in effect via Broadcast Notice to Mariners or by
on-scene designated representatives.
D. 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
[[Page 15178]]
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 would be enforced for a
total of only 36 hours over the course of three days; (2) although
persons and vessels would not be able to enter, transit through, anchor
in, or remain within the safety zone without authorization from the
Captain of the Port Jacksonville or a designated representative, they
would be able to operate in the surrounding area during the enforcement
period; (3) persons and vessels would still be able to enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Jacksonville or a designated representative;
and (4) the Coast Guard would provide advance notification of the
safety zone to the local maritime community via Broadcast Notice to
Mariners or by on-scene designated representative.
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. The Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed 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 the portion of the Atlantic Ocean encompassed within the
safety zone from 7 a.m. on Friday until 7:00 p.m. on Sunday during the
last weekend in April. For the reasons discussed in the Regulatory
Planning and Review section above, this proposed rule would 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 proposed 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 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
[[Page 15179]]
the human environment. This proposed rule involves a safety zone issued
in conjunction with a regatta or marine parade. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.
0
2. Add Sec. 165.725 to read as follows:
Sec. 165.725 Safety Zone; Daytona Beach Grand Prix of the Seas;
Atlantic Ocean; Daytona Beach, FL.
(a) Regulated Area. The following regulated area is established as
a safety zone. All coordinates are North American Datum 1983.
(1) Safety Zone. All waters of the Atlantic Ocean encompassed
within the following points: Starting at Point 1 in position
29[deg]14.601' N, 81[deg]00.767' W; thence south to Point 2 in position
29[deg]13.677' N, 81[deg]00.283' W; thence east to Point 3 in position
29[deg]13.860' N, 080[deg]59.763' W; thence north to Point 4 in
position 29[deg]14.781' N, 80[deg]59.802' W; thence west back to
origin.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels are prohibited from:
(A) Entering, transiting through, anchoring in, or remaining within
the regulated area unless participating in the event.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville via telephone at (904) 564-7513, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain in the
regulated area is granted by the Captain of the Port Jacksonville or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) The Coast Guard will provide notice to the maritime community
when this safety zone will be in effect via Broadcast Notice to
Mariners or by on-scene designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 7
a.m. on Friday until 7 p.m. on Sunday during the last weekend in April.
Dated: March 4, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2015-06149 Filed 3-20-15; 8:45 am]
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