Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL, 48219-48221 [2018-20670]
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
may apply to the Commission for an
exemption from this preemption under
certain circumstances.
The Danny Keysar Child Product
Safety Notification Act (at section
104(b)(1)(B) of the CPSIA) refers to the
rules to be issued under that section as
‘‘consumer product safety standards,’’
thus, implying that the preemptive
effect of section 26(a) of the CPSA
would apply. Therefore, a rule issued
under section 104 of the CPSIA will
invoke the preemptive effect of section
26(a) of the CPSA when it becomes
effective.
K. Environmental Considerations
The Commission’s regulations
provide a categorical exclusion for the
Commission’s rules from any
requirement to prepare an
environmental assessment or an
environmental impact statement
because they ‘‘have little or no potential
for affecting the human environment.’’
16 CFR 1021.5(c)(2). This rule falls
within the categorical exclusion, so no
environmental assessment or
environmental impact statement is
required.
List of Subjects in 16 CFR Part 1233
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Law enforcement, Safety,
Toys.
For the reasons stated above, the
Commission amends title 16 CFR
chapter II as follows:
PART 1233—SAFETY STANDARD FOR
PORTABLE HOOK-ON CHAIRS
1. The authority citation for part 1233
continues to read as follows:
■
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (August 14, 2008); Sec. 3, Pub. L.
112–28, 125 Stat. 273 (August 12, 2011).
■
2. Revise § 1233.2 to read as follows:
daltland on DSKBBV9HB2PROD with RULES
§ 1233.2 Requirements for portable hookon chairs.
Each portable hook-on chair must
comply with all applicable provisions of
ASTM F1235–18, Standard Consumer
Safety Specification for Portable HookOn Chairs, approved May 1, 2018. The
Director of the Federal Register
approves the incorporation by reference
listed in this section in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy of this ASTM
standard from ASTM International, 100
Barr Harbor Drive, PO Box C700, West
Conshohocken, PA 19428–2959 USA;
phone: 610–832–9585; https://
www.astm.org/. You may inspect a copy
at the Division of the Secretariat, U.S.
Consumer Product Safety Commission,
VerDate Sep<11>2014
17:46 Sep 21, 2018
Jkt 244001
Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone 301–
504–7923, or at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2018–20673 Filed 9–21–18; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0731]
RIN 1625–AA00
Safety Zone; Intracoastal Waterway,
Biscayne Bay, Miami, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Biscayne Bay
east of Bayfront Park in connection with
aerobatic helicopter demonstrations
sponsored by Red Bull in Miami,
Florida. The safety zone is needed to
protect persons, vessels, and the marine
environment from potential hazards
associated with the aerial
demonstrations over Biscayne Bay.
Entry of vessels or persons into this
zone is prohibited, unless specifically
authorized by the Captain of the Port
Miami (COTP).
DATES: This rule is effective from 2:30
p.m. October 20, 2018, through 4 p.m.
October 21, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0731 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Omar Beceiro, Sector Miami
Waterways Management Division, U.S.
Coast Guard; telephone 305–535–4317,
email omar.beceiro@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
PO 00000
Code of Federal Regulations
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48219
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard received
information regarding the size and
location of the safety zone with
insufficient time to publish an NPRM
and receive public comments. Because
of the potential hazards associated with
the aerobatic demonstrations, the safety
zone is necessary to provide for the
safety of event participants and vessels
transiting in proximity to the event area.
For these reasons, it would be
impracticable and contrary to the public
interest to publish an NPRM.
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.
Delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to potential safety hazards associated
with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with aerobatic
helicopter demonstrations will be a
safety concern for persons and vessels
traveling underneath the
demonstrations. This rule is needed to
protect persons, vessels, and the marine
environment in the navigable waters
contained within the safety zone during
aerial demonstrations.
IV. Discussion of the Rule
This rule establishes a safety zone for
three, 30-minute periods commencing at
2:30 p.m., 4 p.m., and 5:30 p.m. on
October 20, 2018, and for three, 30minute periods commencing at 12:30
p.m., 2 p.m., and 3:30 p.m. on October
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
21, 2018. The safety zone will cover
certain navigable waters of Biscayne Bay
east of Bayfront Park in Miami, FL. The
duration of the safety zone is intended
to protect persons, vessels, and the
marine environment in these navigable
waters during aerial demonstrations. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
daltland on DSKBBV9HB2PROD with RULES
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be temporarily
interrupted and prevented from
transiting a short section of the
Intracoastal Waterway and Fisherman’s
Channel in Miami, FL during
demonstrations. The interruptions
would affect a small designated area of
Biscayne Bay for 30-minute periods,
three times each day the safety zone is
in effect. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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
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17:46 Sep 21, 2018
Jkt 244001
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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 a safety
zone lasting approximately 90 minutes
(three, 30-minute periods) each day of
the two-day event. During each 30minute period the safety zone is in
effect, boating traffic will be temporarily
interrupted and prevented from
transiting the Intracoastal Waterway or
Fisherman’s Channel east of Bayfront
Park in Miami, FL. The rule is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
Dated: September 18, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
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:
[FR Doc. 2018–20670 Filed 9–21–18; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
■
2. Add a temporary § 165.T07–0731 to
read as follows:
■
daltland on DSKBBV9HB2PROD with RULES
§ 165.T07–0731 Safety Zone; Intracoastal
Waterway, Biscayne Bay, Miami, FL.
(a) Location. The following
coordinates define the temporary safety
zone located in Biscayne Bay, Miami,
FL. All waters of Biscayne Bay
contained within the following points:
Commencing at 25°46′22″ N, 080°10′28″
W; thence southwest to 25°45′33″ N,
080°10′39″ W; thence northwest to
25°45′42″ N, 080°11′05″ W; then
northeast to 25°46′34″ N, 080°10′49″ W;
thence southeast along the shoreline 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
COTP in the enforcement of the
regulated area.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the regulated
area unless authorized by COTP or a
designated representative.
(2) Persons and vessels desiring to
enter, transit, anchor, or remain within
the regulated area may contact the
COTP by telephone at 305–535–4313, or
a designated representative via VHF
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
(d) Enforcement period. This rule will
be enforced from 2:30 p.m. through 3
p.m., 4 p.m. through 4:30 p.m., and 5:30
through 6 p.m. on October 20, 2018, and
12:30 p.m. through 1 p.m., 2 p.m.
through 2:30 p.m., and 3:30 p.m.
through 4 p.m. on October 21, 2018.
Jkt 244001
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 74
RIN 2900–AP97
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;
and Department of Homeland Security
Delegation No. 0170.1.
17:46 Sep 21, 2018
During the comment period, VA
received several comments from 17
commenters.
Summary of Comments and VA’s
Response
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
48221
VA Veteran-Owned Small Business
(VOSB) Verification Guidelines
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
governing VA’s Veteran-Owned Small
Business (VOSB) Verification Program.
The National Defense Authorization Act
for Fiscal Year 2017 (‘‘the NDAA’’),
placed the responsibility for issuing
regulations relating to ownership and
control for the verification of VOSBs
with the United States Small Business
Administration (SBA). This regulation
implements the NDAA by referencing
SBA’s regulations governing ownership
and control and adds and clarifies
certain terms and references that are
currently part of the verification
process. The NDAA also provides that
in certain circumstances a firm can
qualify as VOSB or Service-Disabled
Veteran-Owned Small Business
(SDVOSB) when there is a surviving
spouse or an employee stock ownership
plan (ESOP).
DATES: This rule is effective on October
1, 2018.
FOR FURTHER INFORMATION CONTACT: Tom
McGrath, Director, Center for
Verification and Evaluation (00VE),
Department of Veterans Affairs, 810
Vermont Ave. NW, Washington, DC
20420, (202) 461–4600. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: In Public
Law 114–840, the NDAA designates the
SBA as the Federal Agency responsible
for creating regulations governing
ownership and control. This rule
amends VA’s verification regulations in
order to implement the NDAA as
regulations relating to and clarifying
ownership and control are no longer the
responsibility of VA.
On January 10, 2018, VA published in
the Federal Register (83 FR 1203) a
proposed rule to amend its regulations
governing its VOSB Program. The
proposed rule allowed for a comment
period ending on March 12, 2018.
SUMMARY:
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A. General
VA received several comments that
described the commenters’ views and
experiences without any reference to a
proposed regulatory provision. VA is
unable to respond to these comments as
they did not address the proposed
provisions at issue here. One
commenter questions the VA’s authority
with regards to the verification process
and disagrees that the VA is authorized
to issue regulations and make
determinations of ownership and
control. The commenter contends that
VA’s function with respect to
verification should be limited to
verifying veteran and disability status,
and maintaining the VA list of verified
SDVOSBs and VOSBs. Although the
authority to issue regulations setting
forth the ownership and control criteria
for SDVOSBs and VOSBs now rests with
the Administrator of the SBA, the
Secretary is still charged with verifying
that each applicant complies with those
regulatory provisions prior to granting
verified status and including the
applicant in the VA list of verified
firms. As the Secretary still maintains
this authority and responsibility, VA
finds the commenter’s proposed
limitation without merit. However, to
eliminate any confusion as to whether
the Secretary is attempting to regulate
ownership and control requirements,
VA will refer directly to SBA’s
regulations where appropriate. This will
additionally allow VA’s regulation to be
immediately updated should SBA make
regulatory changes related to ownership
and control. Several other commenters
discussed their personal difficulties
with the verification process, how
regulatory provisions are interpreted,
and the manner by which the
verification process is administered. As
these comments do not address the
proposed regulation, VA is unable to
respond to these comments.
B. Section 74.1
For consistency, § 74.1 proposed
removing all references to VetBiz and
replacing the words Center for
Verification and Evaluation, servicedisabled veteran-owned small business,
the Department of Veterans Affairs,
Vendor Information Pages, and veteranowned small business, and uses in their
place the respective abbreviations—
CVE, SDVOSB, VA, VIP, and VOSB in
titles and the body of the regulation,
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]]>Agencies
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48219-48221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20670]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0731]
RIN 1625-AA00
Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Biscayne Bay east of Bayfront Park in
connection with aerobatic helicopter demonstrations sponsored by Red
Bull in Miami, Florida. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards associated
with the aerial demonstrations over Biscayne Bay. Entry of vessels or
persons into this zone is prohibited, unless specifically authorized by
the Captain of the Port Miami (COTP).
DATES: This rule is effective from 2:30 p.m. October 20, 2018, through
4 p.m. October 21, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0731 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Omar Beceiro, Sector Miami Waterways Management Division,
U.S. Coast Guard; telephone 305-535-4317, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
received information regarding the size and location of the safety zone
with insufficient time to publish an NPRM and receive public comments.
Because of the potential hazards associated with the aerobatic
demonstrations, the safety zone is necessary to provide for the safety
of event participants and vessels transiting in proximity to the event
area. For these reasons, it would be impracticable and contrary to the
public interest to publish an NPRM.
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.
Delaying the effective date of this rule would be impracticable
because immediate action is needed to respond to potential safety
hazards associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
aerobatic helicopter demonstrations will be a safety concern for
persons and vessels traveling underneath the demonstrations. This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters contained within the safety zone during aerial
demonstrations.
IV. Discussion of the Rule
This rule establishes a safety zone for three, 30-minute periods
commencing at 2:30 p.m., 4 p.m., and 5:30 p.m. on October 20, 2018, and
for three, 30-minute periods commencing at 12:30 p.m., 2 p.m., and 3:30
p.m. on October
[[Page 48220]]
21, 2018. The safety zone will cover certain navigable waters of
Biscayne Bay east of Bayfront Park in Miami, FL. The duration of the
safety zone is intended to protect persons, vessels, and the marine
environment in these navigable waters during aerial demonstrations. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be temporarily interrupted and prevented from transiting a short
section of the Intracoastal Waterway and Fisherman's Channel in Miami,
FL during demonstrations. The interruptions would affect a small
designated area of Biscayne Bay for 30-minute periods, three times each
day the safety zone is in effect. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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
a safety zone lasting approximately 90 minutes (three, 30-minute
periods) each day of the two-day event. During each 30-minute period
the safety zone is in effect, boating traffic will be temporarily
interrupted and prevented from transiting the Intracoastal Waterway or
Fisherman's Channel east of Bayfront Park in Miami, FL. The rule is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. 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.
[[Page 48221]]
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
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; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0731 to read as follows:
Sec. 165.T07-0731 Safety Zone; Intracoastal Waterway, Biscayne Bay,
Miami, FL.
(a) Location. The following coordinates define the temporary safety
zone located in Biscayne Bay, Miami, FL. All waters of Biscayne Bay
contained within the following points: Commencing at 25[deg]46'22'' N,
080[deg]10'28'' W; thence southwest to 25[deg]45'33'' N,
080[deg]10'39'' W; thence northwest to 25[deg]45'42'' N,
080[deg]11'05'' W; then northeast to 25[deg]46'34'' N, 080[deg]10'49''
W; thence southeast along the shoreline 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 COTP
in the enforcement of the regulated area.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the regulated area unless
authorized by COTP or a designated representative.
(2) Persons and vessels desiring to enter, transit, anchor, or
remain within the regulated area may contact the COTP by telephone at
305-535-4313, or a designated representative via VHF radio on channel
16 to request authorization. If authorization is granted, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative.
(d) Enforcement period. This rule will be enforced from 2:30 p.m.
through 3 p.m., 4 p.m. through 4:30 p.m., and 5:30 through 6 p.m. on
October 20, 2018, and 12:30 p.m. through 1 p.m., 2 p.m. through 2:30
p.m., and 3:30 p.m. through 4 p.m. on October 21, 2018.
Dated: September 18, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-20670 Filed 9-21-18; 8:45 am]
BILLING CODE 9110-04-P
