Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL, 31300-31303 [2015-13401]
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Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations
which covers the procedures for issuing
a ban with a special effective date. This
rule corrects § 895.30(c) by restoring the
incorrectly removed phrase.
FDA finds good cause for issuing this
amendment as a final rule without
notice and comment because this
amendment only corrects the
implementing regulation to restate the
statute (5 U.S.C. 553(b)(B)). ‘‘[W]hen
regulations merely restate the statute
they implement, notice-and-comment
procedures are unnecessary.’’ Gray
Panthers Advocacy Committee v.
Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
1991); see also Komjathy v. Nat. Trans.
Safety Bd., 832 F.2d 1294, 1296 (D.C.
Cir. 1987) (when a rule ‘‘does no more
than repeat, virtually verbatim, the
statutory grant of authority,’’ notice-andcomment procedures are not required).
This amendment to § 895.30(c) merely
incorporates applicable requirements of
the FD&C Act, making notice-andcomment procedures unnecessary in
this case. Therefore, publication of this
document constitutes final action on
this change under the Administrative
Procedure Act (APA) (5 U.S.C. 553).
In addition, FDA finds good cause for
this amendment to become effective on
the date of publication of this action.
The APA allows an effective date less
than 30 days after publication as
‘‘provided by the agency for good cause
found and published with the rule’’ (5
U.S.C. 553(d)(3)). A delayed effective
date is unnecessary in this case because
the amendment to § 895.30 does not
impose any new regulatory
requirements on affected parties. As a
result, affected parties do not need time
to prepare before the rule takes effect.
Therefore, FDA finds good cause for this
correction to become effective on the
date of publication of this action.
List of Subjects in 21 CFR Part 895
Administrative practice and
procedure, Labeling, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 895 is
amended as follows:
PART 895—BANNED DEVICES
1. The authority citation for 21 CFR
part 895 continues to read as follows:
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■
Authority: 21 U.S.C. 352, 360f, 360h, 360i,
371.
2. Amend § 895.30 by revising
paragraph (c) to read as follows:
■
§ 895.30
Special effective date.
*
*
*
*
*
(c) If the Commissioner makes a
proposed regulation effective in
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accordance with this section, the
Commissioner will, as expeditiously as
possible, give interested persons prompt
notice of this action in the Federal
Register and will provide an
opportunity for an informal hearing in
accordance with part 16 of this chapter.
*
*
*
*
*
Dated: May 28, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–13329 Filed 6–1–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0429]
Drawbridge Operation Regulation;
Reynolds Channel, Nassau, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Long Beach
Bridge, across Reynolds Channel, mile
4.7, at Nassau, New York. This
temporary deviation is necessary to
facilitate the City of Long Beach Annual
Fireworks Display. This deviation
allows the bridge to remain in the
closed position during this public event.
DATES: This deviation is effective from
9:30 p.m. to 10:30 p.m. on July 10, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0429] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, contact Ms. Judy K. LeungYee, Project Officer, First Coast Guard
District, telephone (212) 514–4330,
email judy.k.leung-yee@uscg.mil. If you
have questions on viewing the docket,
call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUMMARY:
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The Long
Beach Bridge, mile 4.7, across Reynolds
Channel has a vertical clearance in the
closed position of 22 feet at mean high
water and 24 feet at mean low water.
The existing bridge operating
regulations are found at 33 CFR
117.799(g).
Reynolds Channel is transited by
commercial fishing and recreational
vessel traffic.
Nassau County Department of Public
Works requested this temporary
deviation from the normal operating
schedule to facilitate a public event, the
City of Long Beach Annual Fireworks
Display.
Under this temporary deviation, the
Long Beach Bridge may remain in the
closed position between 9:30 p.m. and
10:30 p.m. on July 10, 2015 (rain date
July 11, 2015).
There is no alternate route for vessel
traffic; however, vessels that can pass
under the closed draws during this
closure may do so at any time. The
bridge will be able to open in the event
of an emergency.
The Coast Guard will inform the users
of the waterway through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: May 21, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–13396 Filed 6–1–15; 8:45 am]
BILLING CODE 9110–04–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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
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Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations
the waters of the New River in Fort
Lauderdale, Florida during the Rotary
Club of Fort Lauderdale New River Raft
Race, on Saturday, June 13, 2015. The
safety zone will encompass all waters of
the New River between Esplanade Park
and the west side of the Florida East
Coast Railroad Bridge. Approximately
100 participants will attend the race.
The safety zone is necessary to ensure
the safety of 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: This rule will be effective on
June 13, 2015 and enforced from 3 p.m.
until 6 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0024]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email John K. Jennings, Sector Miami
Prevention Department, U.S. 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
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On March 4, 2015, a Notice of
proposed rulemaking entitled Safety
Zone; Rotary Club of Fort Lauderdale
New River Raft Race, New River; Fort
Lauderdale, FL was published in the
Federal Register (80 FR 11607). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held. The Coast Guard
recently received notice that the date for
this event had been changed from the
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B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 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.
0170.1.
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.
C. Discussion of the Final Rule
A. Regulatory History and Information
VerDate Sep<11>2014
posted date of April 18, 2015 to June 13,
2015 and the posted location had been
changed from the waters between
Esplanade Park to just east of the
Southeast 3rd Avenue Bridge to the new
location of the waters between
Esplanade Park and the west side of the
Florida East Coast Railroad Bridge.
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
NPRM with respect to this rule because
publishing a NPRM would be
impracticable. The Coast Guard received
updated information about the time of
this event on March 10, 2015.
Additional details required to
implement this rule were not obtained
in sufficient time to provide notice and
opportunity for comment.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
On June 13, 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.
This rule will establish a safety zone
that encompasses certain navigable
waters of the New River in Fort
Lauderdale, Florida from Esplanade
Park to the west side of the Florida East
Coast Railroad Bridge. The safety zone
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will be enforced from 3 p.m. until 6
p.m. on June 13, 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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
rule is not significant for the following
reasons: (1) The safety zone will be
enforced for 3 hours; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the safety zone without
authorization from the Captain of the
Port Miami or a designated
representative, they may operate in the
surrounding areas during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone 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.
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Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of nonparticipant vessels intending to enter,
transit through, anchor in, or remain
within the safety zone described in this
regulation during the respective
enforcement period. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
on a substantial number of small
entities.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
creation of a safety zone. This 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 amends 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. 0170.1.
2. Add temporary § 165.T07–0024 to
read as follows:
■
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Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations
POSTAL SERVICE
(a) Regulated area. The following
regulated area is a safety zone. All
waters of the New River between
Esplanade Park to the west side of the
Florida East Coast Railroad Bridge,
contained within the following points:
Starting at Point 1 in position 26°07′10″
N., 80°08′54″ W.; thence southeast to
Point 2 in position 26°07′08″ N.,
80°08′44″ W.; thence south to Point 3 in
position 26°07′06″ N., 80°08′45″ W.
thence northwest to Point 4 in position
26°07′09″ N., 80°08′54″ 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
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
June 13, 2015.
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§ 165.T07–0024 Safety Zone; Rotary Club
of Fort Lauderdale New River Raft Race,
New River, Fort Lauderdale, FL.
Rules of Practice Before the Postal
Service Board of Contract Appeals
Dated: May 22, 2015.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2015–13401 Filed 6–1–15; 8:45 am]
BILLING CODE 9110–04–P
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39 CFR Part 955
Postal Service.
Final rule.
AGENCY:
ACTION:
This document revises the
rules of practice of the Postal Service
Board of Contract Appeals to implement
an electronic filing system.
DATES: Effective date: July 2, 2015.
ADDRESSES: Written inquiries may be
addressed to Postal Service Board of
Contract Appeals, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078.
FOR FURTHER INFORMATION CONTACT: Vice
Chairman Gary E. Shapiro, (703) 812–
1910.
SUMMARY:
SUPPLEMENTARY INFORMATION:
A. Background
The Postal Service Board of Contract
Appeals (the Board) recently has
implemented an electronic filing
system. Changes to the rules of practice
before the Board in 39 CFR part 955 are
necessary to accommodate the new
system, and to establish rules relative to
that system. No other changes to the
rules have been made.
B. Explanation of Changes
In § 955.1, concerning jurisdiction,
procedure, and service of documents in
proceedings before the Board:
• Paragraph (b)(1) is amended to
identify the internet address for the
electronic filing system.
• Paragraph (c)(3)(ii) is amended to
indicate when Board orders and
decisions are considered received by the
parties in the electronic filing system.
• Paragraph (c)(4) is revised to
indicate when documents submitted by
parties are considered received by the
Board in the electronic filing system,
and to clarify other language involving
receipt of documents.
• Paragraph (c)(5) is revised to
indicate when service of documents on
the opposing party is required for
purposes of the electronic filing system.
In § 955.2, the heading is revised to
Initiation of appeals, and the text is
revised to indicate how appeals may be
initiated directly by a contractor
following implementation of the
electronic filing system.
In § 955.4, with regard to the
forwarding of appeals, the text is revised
to indicate how appeals are initiated
when a contractor submits a notice of
appeal to a contracting officer following
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31303
implementation of the electronic filing
system.
In § 955.5, concerning the
preparation, contents, organization,
forwarding, and status of the appeal file:
• Paragraph (a) is revised to eliminate
the requirement for the Postal Service’s
counsel to provide a copy of the appeal
file to the appellant, which becomes
unnecessary under the electronic filing
system, and to clarify the language of
paragraph (a)(4) with regard to
transcripts and affidavits included in
the appeal file.
• Paragraph (b) is revised to eliminate
the requirement for the appellant to
provide a copy of an appeal file
supplement to the Postal Service, which
becomes unnecessary under the
electronic filing system.
• Paragraph (c) is revised to reflect
that appeal file documents submitted in
the electronic filing system are not
original documents.
• Paragraph (d) is revised to reflect
appropriate rules for handling bulky,
lengthy or out-of-size documents, and
tangible evidence following
implementation of the electronic filing
system.
In § 955.7, with regard to the
procedures required to file pleadings in
cases before the Board:
• Paragraph (a) is revised to eliminate
the requirement for the appellant to
provide a copy of the complaint to the
Postal Service, which becomes
unnecessary under the electronic filing
system.
• Paragraph (b) is revised to eliminate
the requirement for the Postal Service to
provide a copy of the answer to the
appellant, which becomes unnecessary
under the electronic filing system.
In § 955.10, with regard to prehearing
briefs, a sentence is added to specify the
deadline for filing prehearing briefs
under the electronic filing system.
In § 955.13, concerning optional small
claims and accelerated procedures,
language in paragraph (a)(3) is amended
to enhance clarity.
In § 955.14, with regard to settling the
record, language requiring the
availability of the record for inspection
at the Board’s location is removed from
paragraph (a), since the record will be
available in the electronic filing system.
In § 955.15, concerning discovery,
language is added to paragraph (a) to
clarify when discovery requests and
responses should be filed under the
electronic filing system.
In § 955.26, with regard to the
appearance and representation by
counsel of parties before the Board:
• Paragraphs (a) and (b) are revised to
specify that attorneys for appellants and
the respondent U.S. Postal Service shall
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]]>Agencies
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Rules and Regulations]
[Pages 31300-31303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13401]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
[[Page 31301]]
the waters of the New River in Fort Lauderdale, Florida during the
Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, June
13, 2015. The safety zone will encompass all waters of the New River
between Esplanade Park and the west side of the Florida East Coast
Railroad Bridge. Approximately 100 participants will attend the race.
The safety zone is necessary to ensure the safety of 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: This rule will be effective on June 13, 2015 and enforced from 3
p.m. until 6 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0024]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email John K. Jennings, Sector Miami Prevention Department,
U.S. 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. Regulatory History and Information
On March 4, 2015, a Notice of proposed rulemaking entitled Safety
Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River;
Fort Lauderdale, FL was published in the Federal Register (80 FR
11607). We received no comments on the proposed rule. No public meeting
was requested, and none was held. The Coast Guard recently received
notice that the date for this event had been changed from the posted
date of April 18, 2015 to June 13, 2015 and the posted location had
been changed from the waters between Esplanade Park to just east of the
Southeast 3rd Avenue Bridge to the new location of the waters between
Esplanade Park and the west side of the Florida East Coast Railroad
Bridge.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule
because publishing a NPRM would be impracticable. The Coast Guard
received updated information about the time of this event on March 10,
2015. Additional details required to implement this rule were not
obtained in sufficient time to provide notice and opportunity for
comment.
For the same reason discussed above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 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. 0170.1.
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.
C. Discussion of the Final Rule
On June 13, 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.
This rule will establish a safety zone that encompasses certain
navigable waters of the New River in Fort Lauderdale, Florida from
Esplanade Park to the west side of the Florida East Coast Railroad
Bridge. The safety zone will be enforced from 3 p.m. until 6 p.m. on
June 13, 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for 3 hours; (2) although persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the safety zone without authorization from the Captain of the Port
Miami or a designated representative, they may operate in the
surrounding areas during the enforcement period; (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone 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.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: The owners or operators of non-participant
vessels intending to enter, transit through, anchor in, or remain
within the safety zone described in this regulation during the
respective enforcement period. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of a safety zone. This
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.
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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.
0170.1.
0
2. Add temporary Sec. 165.T07-0024 to read as follows:
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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 to the west side of
the Florida East Coast Railroad Bridge, contained within the following
points: Starting at Point 1 in position 26[deg]07'10'' N.,
80[deg]08'54'' W.; thence southeast to Point 2 in position
26[deg]07'08'' N., 80[deg]08'44'' W.; thence south to Point 3 in
position 26[deg]07'06'' N., 80[deg]08'45'' W. thence northwest to Point
4 in position 26[deg]07'09'' N., 80[deg]08'54'' 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 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 June 13, 2015.
Dated: May 22, 2015.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-13401 Filed 6-1-15; 8:45 am]
BILLING CODE 9110-04-P
