[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 http://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 
[email protected]. 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.

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. 
0170.1.


0
2. Add temporary Sec.  165.T07-0024 to read as follows:

[[Page 31303]]

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