80_FR_11649 80 FR 11607 - Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL

80 FR 11607 - Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11607-11610
FR Document2015-04284

The Coast Guard proposes to establish a temporary safety zone on the waters of the New River in Fort Lauderdale, Florida during the Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, April 18, 2015. The safety zone will encompass the waters between Esplanade Park to just east of the Southeast 3rd Avenue Bridge. Approximately 100 participants will attend the race. The safety zone is necessary to ensure the safety of the participants, participant vessels, and the general public during the event. Persons and vessels, except those participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative.

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015)
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11607-11610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04284]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0024]
RIN 1625-AA00


Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, 
New River; Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the New River in Fort Lauderdale, Florida during the 
Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, April 
18, 2015. The safety zone will encompass the waters between Esplanade 
Park to just east of the Southeast 3rd Avenue Bridge. Approximately 100 
participants will attend the race. The safety zone is necessary to 
ensure the safety of the participants, participant vessels, and the 
general public during the event. Persons and vessels, except those 
participating in the event, are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area unless 
authorized by the Captain of the Port Miami or a designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 3, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before April 3, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
[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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0024 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.

[[Page 11608]]

    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0024) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

 4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Previously, a rule regarding this maritime event was published in 
the Code of Federal Regulations at 33 CFR part 100. No final rule has 
been published in regards to this event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195 33 
CFR 1.05-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1. The purpose of 
the rule is to provide for the safety of life on navigable waters of 
the United States during the Rotary Club of Fort Lauderdale New River 
Raft Race.

D. Discussion of Proposed Rule

    On April 18, 2015, Fort Lauderdale Rotary Club is hosting the 
Rotary Club of Fort Lauderdale New River Raft Race. The race will be 
held on the waters of the New River in Fort Lauderdale, Florida. 
Approximately 100 participants will attend the race. Minimal spectator 
vessels are expected.
    The proposed rule will establish a safety zone that will encompass 
certain navigable waters of the New River in Fort Lauderdale, Florida 
from Esplanade Park to east of the Southeast 3rd Avenue Bridge. The 
safety zone will be enforced from 3 p.m. until 6 p.m. on April 18, 
2015.
    Non-participant persons and vessels may request authorization to 
enter, transit through, anchor in, or remain within the event area by 
contacting the Captain of the Port Miami by telephone at 305-535-4472, 
or a designated representative via VHF radio on channel 16. If 
authorization to enter, transit through, anchor in, or remain within 
the event area is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative. The Coast Guard will provide 
notice of the safety zone by Local Notice to Mariners, Broadcast Notice 
to Mariners, and on-scene designated representatives.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this proposed rule is not significant for the following reasons: (1) 
The safety zone will be enforced for only three hours; (2) although 
non-participant persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the event area without 
authorization from the Captain of the Port Miami or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) non-participant persons and vessels may still 
enter, transit through, anchor in, or remain within the event area 
during the enforcement period if authorized by the Captain of the Port 
Miami or a designated representative; and (4) the Coast Guard will 
provide advance notification of the safety zone to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rulemaking may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of 
Biscayne Bay encompassed within the safety zone from 3 p.m. until 6 
p.m. on April 18, 2015. For the reasons discussed in the Regulatory 
Planning and Review section above, this rulemaking will not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rulemaking would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will

[[Page 11609]]

not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rulemaking does not have implications for 
federalism.

 6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rulemaking 
and would not create an environmental risk to health or risk to safety 
that might disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
creation of a special local regulation issued in conjunction with a 
regatta or marine parade. This rulemaking is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. Preliminary environmental analysis checklists 
supporting this determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0024 to read as follows: Sec.  
165.T07-0024 Safety Zone; Rotary Club of Fort Lauderdale New River Raft 
Race, New River, Fort Lauderdale, FL.
    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of the New River between Esplanade Park east to just east of 
the Southeast 3rd Avenue Bridge, contained within the following points: 
starting at Point 1 in position 26[deg]07'10'' N, 80[deg]08'52'' W; 
thence southeast to Point 2 in position 26[deg]07'05'' N, 
80[deg]08'34'' W; thence southwest to Point 3 in position 
26[deg]07'04'' N, 80[deg]08'35'' W thence northwest to Point 4 in 
position 26[deg]07'08'' N, 80[deg]08'52'' W; thence north back to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations.
    (1) Non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by Captain of the Port Miami or a 
designated representative. Non-participant persons and vessels may 
request authorization to enter, transit through, anchor in, or remain 
within the regulated area by contacting the Captain of the Port Miami 
by telephone at 305-535-4472, or a designated representative via VHF 
radio on channel 16. If authorization is granted by the Captain of the 
Port Miami or a designated representative, all persons and vessels 
receiving such authorization must comply with the

[[Page 11610]]

instructions of the Captain of the Port Miami or a designated 
representative.
    (2) The Coast Guard will provide notice of the safety zone by Local 
Notice to Mariners, Broadcast Notice to Mariners and on-scene 
designated representatives.
    (d) Effective Date. This rule will be enforced from 3 p.m. until 6 
p.m. on April 18, 2015.

    Dated: February 20, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-04284 Filed 3-3-15; 8:45 a.m.]
BILLING CODE 9110-04-P



                                                                             Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules                                          11607

                                                      Day 1. On the first Form W–2G, S will report            ‘‘§ 7.6041–1’’ and adding the text                    holidays. The telephone number is 202–
                                                      $2,000 of reportable gambling winnings and              ‘‘§ 1.6041–10’’ in its place.                         366–9329.
                                                      $560 of backup withholding with respect to              *      *   *      *     *                               See the ‘‘Public Participation and
                                                      the 2 p.m. win from keno, and on the second                                                                   Request for Comments’’ portion of the
                                                      Form W–2G S will report $5,000 of                       John Dalrymple,                                       SUPPLEMENTARY INFORMATION section
                                                      reportable gambling winnings from keno                  Deputy Commissioner for Services and                  below for further instructions on
                                                      (representing the three payments of $1,500,             Enforcement.                                          submitting comments. To avoid
                                                      $1,700, and $1,800 that D won between 6                 [FR Doc. 2015–04437 Filed 3–3–15; 8:45 am]            duplication, please use only one of
                                                      p.m. and 10 p.m. on Day 1).                             BILLING CODE 4830–01–P                                these three methods.
                                                         Example 4. In one session on Day 1, E won                                                                  FOR FURTHER INFORMATION CONTACT: If
                                                      five reportable gambling winnings from five                                                                   you have questions on this rule, call or
                                                      different bingo games at a casino T. T                  DEPARTMENT OF HOMELAND                                email Petty Officer John K. Jennings,
                                                      generally uses the aggregate reporting method           SECURITY                                              Sector Miami Prevention Department,
                                                      and in all cases where it is used, T complies                                                                 Coast Guard; telephone (305) 535–4317,
                                                      with the requirements of this paragraph (h).            Coast Guard                                           email John.K.Jennings@uscg.mil. If you
                                                      Although E signed the entry in the record T                                                                   have questions on viewing or submitting
                                                      maintains for payment of the first four                 33 CFR Part 165                                       material to the docket, call Cheryl
                                                      reportable gambling winnings, E refuses to                                                                    Collins, Program Manager, Docket
                                                      sign the entry in the record for the fifth              [Docket Number USCG–2015–0024]
                                                                                                                                                                    Operations, telephone (202) 366–9826.
                                                      payment of reportable gambling winnings. T              RIN 1625–AA00                                         SUPPLEMENTARY INFORMATION:
                                                      may use the aggregate reporting method for
                                                      the first four payments of reportable                   Safety Zone; Rotary Club of Fort                      Table of Acronyms
                                                      gambling winnings to E. However, because                Lauderdale New River Raft Race, New
                                                                                                                                                                    DHS Department of Homeland Security
                                                      the entry in the record for the fifth payment           River; Fort Lauderdale, FL                            FR Federal Register
                                                      of reportable gambling winnings does not                                                                      NPRM Notice of Proposed Rulemaking
                                                      include E’s signature, that payment may not             AGENCY:   Coast Guard, DHS.
                                                      be reported under the aggregate reporting               ACTION:   Notice of proposed rulemaking.              A. Public Participation and Request for
                                                      method. Accordingly, if T uses the aggregate                                                                  Comments
                                                                                                              SUMMARY:   The Coast Guard proposes to
                                                      reporting method under paragraph (h) of this                                                                    We encourage you to participate in
                                                                                                              establish a temporary safety zone on the
                                                      section, T must prepare two Forms W–2G as                                                                     this rulemaking by submitting
                                                                                                              waters of the New River in Fort
                                                      follows: On the first Form W–2G, T must                                                                       comments and related materials. All
                                                      report the first four payments of reportable
                                                                                                              Lauderdale, Florida during the Rotary
                                                                                                              Club of Fort Lauderdale New River Raft                comments received will be posted
                                                      gambling winnings from bingo made to E on                                                                     without change to http://
                                                      Day 1. On the second Form W–2G, T must                  Race, on Saturday, April 18, 2015. The
                                                                                                              safety zone will encompass the waters                 www.regulations.gov and will include
                                                      report the fifth payment of reportable                                                                        any personal information you have
                                                      gambling winnings from bingo made to E on               between Esplanade Park to just east of
                                                                                                              the Southeast 3rd Avenue Bridge.                      provided.
                                                      Day 1.
                                                                                                              Approximately 100 participants will                   1. Submitting Comments
                                                         (i) Payments to foreign persons. See                 attend the race. The safety zone is                      If you submit a comment, please
                                                      § 1.6041–4 regarding payments to                        necessary to ensure the safety of the                 include the docket number for this
                                                      foreign persons. See § 1.6049–5(d) for                  participants, participant vessels, and the            rulemaking, indicate the specific section
                                                      determining whether the payee is a                      general public during the event. Persons              of this document to which each
                                                      foreign person.                                         and vessels, except those participating               comment applies, and provide a reason
                                                                                                              in the event, are prohibited from                     for each suggestion or recommendation.
                                                         (j) Effective/applicability date. This
                                                                                                              entering, transiting through, anchoring               You may submit your comments and
                                                      section applies to payments of
                                                                                                              in, or remaining within the regulated                 material online at http://
                                                      reportable gambling winnings from
                                                                                                              area unless authorized by the Captain of              www.regulations.gov, or by fax, mail, or
                                                      bingo, keno, slot machine play, and                     the Port Miami or a designated
                                                      electronically tracked slot machine play                                                                      hand delivery, but please use only one
                                                                                                              representative.                                       of these means. If you submit a
                                                      made on or after the date these
                                                      regulations are published as final                      DATES:  Comments and related material                 comment online, it will be considered
                                                      regulations in the Federal Register. For                must be received by the Coast Guard on                received by the Coast Guard when you
                                                      payments made before that date, other                   or before April 3, 2015.                              successfully transmit the comment. If
                                                      than payments from electronically                         Requests for public meetings must be                you fax, hand deliver, or mail your
                                                                                                              received by the Coast Guard on or before              comment, it will be considered as
                                                      tracked slot machine play, payors may
                                                                                                              April 3, 2015.                                        having been received by the Coast
                                                      rely on the provisions of these proposed
                                                      regulations.                                            ADDRESSES: You may submit comments                    Guard when it is received at the Docket
                                                                                                              identified by docket number using any                 Management Facility. We recommend
                                                      PART 31—EMPLOYMENT TAXES AND                            one of the following methods:                         that you include your name and a
                                                      COLLECTION OF INCOME TAX AT                               (1) Federal eRulemaking Portal:                     mailing address, an email address, or a
                                                                                                              http://www.regulations.gov.                           telephone number in the body of your
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      SOURCE
                                                                                                                (2) Fax: 202–493–2251.                              document so that we can contact you if
                                                      ■ Par. 3. The authority citation for part                 (3) Mail or Delivery: Docket                        we have questions regarding your
                                                      31 continues to read in part as follows:                Management Facility (M–30), U.S.                      submission.
                                                                                                              Department of Transportation, West                       To submit your comment online, go to
                                                          26 U.S.C. 7805 * * *                                Building Ground Floor, Room W12–140,                  http://www.regulations.gov, type the
                                                                                                              1200 New Jersey Avenue SE.,                           docket number USCG–2015–0024 in the
                                                      § 31.3406(g)–2     [Amended]
                                                                                                              Washington, DC 20590–0001. Deliveries                 ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                      ■ Par. 4. In § 31.3406(g)–2, paragraph                  accepted between 9 a.m. and 5 p.m.,                   Click on ‘‘Submit a Comment’’ on the
                                                      (d)(3) is amended by removing the text                  Monday through Friday, except federal                 line associated with this rulemaking.


                                                 VerDate Sep<11>2014   17:17 Mar 03, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\04MRP1.SGM   04MRP1


                                                      11608                  Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules

                                                         If you submit your comments by mail                  U.S.C. 191, 195 33 CFR 1.05–1, 6.04–6,                proposed rule is not significant for the
                                                      or hand delivery, submit them in an                     and 160.5; Pub. L. 107–295, 116 Stat.                 following reasons: (1) The safety zone
                                                      unbound format, no larger than 81⁄2 by                  2064; Department of Homeland Security                 will be enforced for only three hours; (2)
                                                      11 inches, suitable for copying and                     Delegation No. 0170.1. The purpose of                 although non-participant persons and
                                                      electronic filing. If you submit                        the rule is to provide for the safety of              vessels will not be able to enter, transit
                                                      comments by mail and would like to                      life on navigable waters of the United                through, anchor in, or remain within the
                                                      know that they reached the Facility,                    States during the Rotary Club of Fort                 event area without authorization from
                                                      please enclose a stamped, self-addressed                Lauderdale New River Raft Race.                       the Captain of the Port Miami or a
                                                      postcard or envelope. We will consider                                                                        designated representative, they may
                                                                                                              D. Discussion of Proposed Rule
                                                      all comments and material received                                                                            operate in the surrounding area during
                                                      during the comment period and may                          On April 18, 2015, Fort Lauderdale                 the enforcement period; (3) non-
                                                      change the rule based on your                           Rotary Club is hosting the Rotary Club                participant persons and vessels may still
                                                      comments.                                               of Fort Lauderdale New River Raft Race.               enter, transit through, anchor in, or
                                                                                                              The race will be held on the waters of                remain within the event area during the
                                                      2. Viewing Comments and Documents                       the New River in Fort Lauderdale,                     enforcement period if authorized by the
                                                         To view comments, as well as                         Florida. Approximately 100 participants               Captain of the Port Miami or a
                                                      documents mentioned in this preamble                    will attend the race. Minimal spectator               designated representative; and (4) the
                                                      as being available in the docket, go to                 vessels are expected.                                 Coast Guard will provide advance
                                                      http://www.regulations.gov, type the                       The proposed rule will establish a                 notification of the safety zone to the
                                                      docket number (USCG–2015–0024) in                       safety zone that will encompass certain               local maritime community by Local
                                                      the ‘‘SEARCH’’ box and click                            navigable waters of the New River in                  Notice to Mariners and Broadcast Notice
                                                      ‘‘SEARCH.’’ Click on Open Docket                        Fort Lauderdale, Florida from Esplanade               to Mariners.
                                                      Folder on the line associated with this                 Park to east of the Southeast 3rd Avenue
                                                                                                              Bridge. The safety zone will be enforced              2. Impact on Small Entities
                                                      rulemaking. You may also visit the
                                                      Docket Management Facility in Room                      from 3 p.m. until 6 p.m. on April 18,                    The Regulatory Flexibility Act (5
                                                      W12–140 on the ground floor of the                      2015.                                                 U.S.C. 601–612), we have considered
                                                      Department of Transportation West                          Non-participant persons and vessels                the impact of this proposed rule on
                                                      Building, 1200 New Jersey Avenue SE.,                   may request authorization to enter,                   small entities. The Coast Guard certifies
                                                      Washington, DC 20590, between 9 a.m.                    transit through, anchor in, or remain                 under 5 U.S.C. 605(b) that this proposed
                                                      and 5 p.m., Monday through Friday,                      within the event area by contacting the               rule will not have a significant
                                                      except Federal holidays.                                Captain of the Port Miami by telephone                economic impact on a substantial
                                                                                                              at 305–535–4472, or a designated                      number of small entities.
                                                      3. Privacy Act                                          representative via VHF radio on channel                  This rulemaking may affect the
                                                         Anyone can search the electronic                     16. If authorization to enter, transit                following entities, some of which may
                                                      form of comments received into any of                   through, anchor in, or remain within the              be small entities: The owners or
                                                      our dockets by the name of the                          event area is granted by the Captain of               operators of vessels intending to enter,
                                                      individual submitting the comment (or                   the Port Miami or a designated                        transit through, anchor in, or remain
                                                      signing the comment, if submitted on                    representative, all persons and vessels               within that portion of Biscayne Bay
                                                      behalf of an association, business, labor               receiving such authorization must                     encompassed within the safety zone
                                                      union, etc.). You may review a Privacy                  comply with the instructions of the                   from 3 p.m. until 6 p.m. on April 18,
                                                      Act notice regarding our public dockets                 Captain of the Port Miami or a                        2015. For the reasons discussed in the
                                                      in the January 17, 2008, issue of the                   designated representative. The Coast                  Regulatory Planning and Review section
                                                      Federal Register (73 FR 3316).                          Guard will provide notice of the safety               above, this rulemaking will not have a
                                                                                                              zone by Local Notice to Mariners,                     significant economic impact on a
                                                      4. Public Meeting                                       Broadcast Notice to Mariners, and on-                 substantial number of small entities.
                                                         We do not now plan to hold a public                  scene designated representatives.                        If you think that your business,
                                                      meeting. But you may submit a request                                                                         organization, or governmental
                                                      for one, using one of the methods                       E. Regulatory Analyses                                jurisdiction qualifies as a small entity
                                                      specified under ADDRESSES. Please                         We developed this proposed rule after               and that this proposed rule would have
                                                      explain why you believe a public                        considering numerous statutes and                     a significant economic impact on it,
                                                      meeting would be beneficial. If we                      executive orders related to rulemaking.               please submit a comment (see
                                                      determine that one would aid this                       Below we summarize our analyses                       ADDRESSES) explaining why you think it
                                                      rulemaking, we will hold one at a time                  based on a number of these statutes or                qualifies and how and to what degree
                                                      and place announced by a later notice                   executive orders.                                     this rulemaking would economically
                                                      in the Federal Register.                                                                                      affect it.
                                                                                                              1. Regulatory Planning and Review
                                                      B. Regulatory History and Information                      This proposed rule is not a significant            3. Assistance for Small Entities
                                                        Previously, a rule regarding this                     regulatory action under section 3(f) of                  Under section 213(a) of the Small
                                                      maritime event was published in the                     Executive Order 12866, Regulatory                     Business Regulatory Enforcement
                                                      Code of Federal Regulations at 33 CFR                   Planning and Review, as supplemented                  Fairness Act of 1996 (Public Law 104–
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                                                      part 100. No final rule has been                        by Executive Order 13563, Improving                   121), we want to assist small entities in
                                                      published in regards to this event.                     Regulation and Regulatory Review, and                 understanding this proposed rule. If the
                                                                                                              does not require an assessment of                     rule would affect your small business,
                                                      C. Basis and Purpose                                    potential costs and benefits under                    organization, or governmental
                                                        The legal basis for the rule is the                   section 6(a)(3) of Executive Order 12866              jurisdiction and you have questions
                                                      Coast Guard’s authority to establish                    or under section 1 of Executive Order                 concerning its provisions or options for
                                                      regulated navigation areas and other                    13563. The Office of Management and                   compliance, please contact the person
                                                      limited access areas: 33 U.S.C. 1231; 46                Budget has not reviewed it under those                listed in the FOR FURTHER INFORMATION
                                                      U.S.C. Chapter 701, 3306, 3703; 50                      Orders. The economic impact of this                   CONTACT, above. The Coast Guard will



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                                                                             Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules                                             11609

                                                      not retaliate against small entities that               10. Protection of Children From                       List of Subjects in 33 CFR Part 165
                                                      question or complain about this                         Environmental Health Risks
                                                                                                                                                                      Harbors, Marine safety, Navigation
                                                      proposed rule or any policy or action of
                                                                                                                 We have analyzed this proposed rule                (water), Reporting and recordkeeping
                                                      the Coast Guard.
                                                                                                              under Executive Order 13045,                          requirements, Security measures, and
                                                      4. Collection of Information                            Protection of Children from                           Waterways.
                                                        This proposed rule will not call for a                Environmental Health Risks and Safety                   For the reasons discussed in the
                                                      new collection of information under the                 Risks. This proposed rule is not an                   preamble, the Coast Guard proposes to
                                                      Paperwork Reduction Act of 1995 (44                     economically significant rulemaking                   amend 33 CFR part 165 as follows:
                                                      U.S.C. 3501–3520).                                      and would not create an environmental
                                                                                                              risk to health or risk to safety that might           PART 165—REGULATED NAVIGATION
                                                      5. Federalism                                           disproportionately affect children.                   AREAS AND LIMITED ACCESS AREAS
                                                         A rule has implications for federalism               11. Indian Tribal Governments
                                                                                                                                                                    ■ 1. The authority citation for part 165
                                                      under Executive Order 13132,
                                                                                                                 This proposed rule does not have                   continues to read as follows:
                                                      Federalism, if it has a substantial direct
                                                      effect on the States, on the relationship               tribal implications under Executive                     Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                      between the national government and                     Order 13175, Consultation and                         Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                      the States, or on the distribution of                   Coordination with Indian Tribal                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                              Governments, because it would not have                Pub. L. 107–295, 116 Stat. 2064; Department
                                                      power and responsibilities among the                                                                          of Homeland Security Delegation No. 0170.1.
                                                      various levels of government. We have                   a substantial direct effect on one or
                                                      analyzed this proposed rule under that                  more Indian tribes, on the relationship               ■ 2. Add a temporary § 165.T07–0024 to
                                                      Order and determined that this                          between the Federal Government and                    read as follows: § 165.T07–0024 Safety
                                                      rulemaking does not have implications                   Indian tribes, or on the distribution of              Zone; Rotary Club of Fort Lauderdale
                                                      for federalism.                                         power and responsibilities between the                New River Raft Race, New River, Fort
                                                                                                              Federal Government and Indian tribes.                 Lauderdale, FL.
                                                      6. Protest Activities                                                                                            (a) Regulated Area. The following
                                                                                                              12. Energy Effects
                                                        The Coast Guard respects the First                                                                          regulated area is a safety zone. All
                                                      Amendment rights of protesters.                            This proposed rule is not a                        waters of the New River between
                                                      Protesters are asked to contact the                     ‘‘significant energy action’’ under                   Esplanade Park east to just east of the
                                                      person listed in the FOR FURTHER                        Executive Order 13211, Actions                        Southeast 3rd Avenue Bridge, contained
                                                      INFORMATION CONTACT section to                          Concerning Regulations That                           within the following points: starting at
                                                      coordinate protest activities so that your              Significantly Affect Energy Supply,                   Point 1 in position 26°07′10″ N,
                                                      message can be received without                         Distribution, or Use.                                 80°08′52″ W; thence southeast to Point
                                                      jeopardizing the safety or security of                  13. Technical Standards                               2 in position 26°07′05″ N, 80°08′34″ W;
                                                      people, places or vessels.                                                                                    thence southwest to Point 3 in position
                                                                                                                This proposed rule does not use                     26°07′04″ N, 80°08′35″ W thence
                                                      7. Unfunded Mandates Reform Act                         technical standards. Therefore, we did                northwest to Point 4 in position
                                                         The Unfunded Mandates Reform Act                     not consider the use of voluntary                     26°07′08″ N, 80°08′52″ W; thence north
                                                      of 1995 (2 U.S.C. 1531–1538) requires                   consensus standards.                                  back to origin. All coordinates are North
                                                      Federal agencies to assess the effects of                                                                     American Datum 1983.
                                                                                                              14. Environment
                                                      their discretionary regulatory actions. In                                                                       (b) Definition. The term ‘‘designated
                                                      particular, the Act addresses actions                      We have analyzed this proposed rule                representative’’ means Coast Guard
                                                      that may result in the expenditure by a                 under Department of Homeland                          Patrol Commanders, including Coast
                                                      State, local, or tribal government, in the              Security Management Directive 023–01                  Guard coxswains, petty officers, and
                                                      aggregate, or by the private sector of                  and Commandant Instruction                            other officers operating Coast Guard
                                                      $100,000,000 (adjusted for inflation) or                M16475.lD, which guide the Coast                      vessels, and Federal, state, and local
                                                      more in any one year. Though this                       Guard in complying with the National                  officers designated by or assisting the
                                                      proposed rule would not result in such                  Environmental Policy Act of 1969                      Captain of the Port Miami in the
                                                      an expenditure, we do discuss the                       (NEPA)(42 U.S.C. 4321–4370f), and                     enforcement of the regulated area.
                                                      effects of this rulemaking elsewhere in                 have made a preliminary determination                    (c) Regulations.
                                                      this preamble.                                          that this action is one of a category of                 (1) Non-participant persons and
                                                      8. Taking of Private Property                           actions that do not individually or                   vessels are prohibited from entering,
                                                                                                              cumulatively have a significant effect on             transiting through, anchoring in, or
                                                        This proposed rule would not cause a                  the human environment. This proposed                  remaining within the regulated area
                                                      taking of private property or otherwise                 rule involves the creation of a special               unless authorized by Captain of the Port
                                                      have taking implications under                          local regulation issued in conjunction                Miami or a designated representative.
                                                      Executive Order 12630, Governmental                     with a regatta or marine parade. This                 Non-participant persons and vessels
                                                      Actions and Interference with                           rulemaking is categorically excluded                  may request authorization to enter,
                                                      Constitutionally Protected Property                     from further review under paragraph                   transit through, anchor in, or remain
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                                                      Rights.                                                 34(g) of Figure 2–1 of the Commandant                 within the regulated area by contacting
                                                                                                              Instruction. Preliminary environmental                the Captain of the Port Miami by
                                                      9. Civil Justice Reform
                                                                                                              analysis checklists supporting this                   telephone at 305–535–4472, or a
                                                         This proposed rule meets applicable                  determination are available in the                    designated representative via VHF radio
                                                      standards in sections 3(a) and 3(b)(2) of               docket where indicated under                          on channel 16. If authorization is
                                                      Executive Order 12988, Civil Justice                    ADDRESSES. We seek any comments or                    granted by the Captain of the Port
                                                      Reform, to minimize litigation,                         information that may lead to the                      Miami or a designated representative,
                                                      eliminate ambiguity, and reduce                         discovery of a significant environmental              all persons and vessels receiving such
                                                      burden.                                                 impact from this proposed rule.                       authorization must comply with the


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                                                      11610                  Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Proposed Rules

                                                      instructions of the Captain of the Port                 DATES:  Comments on this proposed                     final rule will be withdrawn and all
                                                      Miami or a designated representative.                   action must be received in writing by                 public comments received will be
                                                        (2) The Coast Guard will provide                      April 3, 2015.                                        addressed in a subsequent final rule
                                                      notice of the safety zone by Local Notice               ADDRESSES: Submit your comments,                      based on this proposed action. EPA will
                                                      to Mariners, Broadcast Notice to                        identified by Docket ID No. EPA–R07–                  not institute a second comment period
                                                      Mariners and on-scene designated                        OAR–2015–0006, by mail to Amy                         on this action. Any parties interested in
                                                      representatives.                                        Bhesania, Environmental Protection                    commenting on this action should do so
                                                        (d) Effective Date. This rule will be                 Agency, Air Planning and Development                  at this time. Please note that if EPA
                                                      enforced from 3 p.m. until 6 p.m. on                    Branch, 11201 Renner Boulevard,                       receives adverse comment on part of
                                                      April 18, 2015.                                         Lenexa, Kansas 66219. Comments may                    this rule and if that part can be severed
                                                                                                              also be submitted electronically or                   from the remainder of the rule, EPA may
                                                        Dated: February 20, 2015.
                                                                                                              through hand delivery/courier by                      adopt as final those parts of the rule that
                                                      A. J. Gould,                                                                                                  are not the subject of an adverse
                                                                                                              following the detailed instructions in
                                                      Captain, U.S. Coast Guard, Captain of the               the ADDRESSES section of the direct final             comment. For additional information,
                                                      Port Miami.                                                                                                   see the direct final rule which is located
                                                                                                              rule located in the rules section of this
                                                      [FR Doc. 2015–04284 Filed 3–3–15; 8:45 a.m.]            Federal Register.                                     in the rules section of this Federal
                                                      BILLING CODE 9110–04–P
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      Register.
                                                                                                              Amy Bhesania, Environmental                           List of Subjects
                                                                                                              Protection Agency, Air Planning and
                                                                                                              Development Branch, 11201 Renner                      40 CFR Part 52
                                                      ENVIRONMENTAL PROTECTION                                Boulevard, Lenexa, Kansas 66219 at                      Environmental protection, Air
                                                      AGENCY                                                  (913) 551–7147, or by email at                        pollution control, Carbon monoxide,
                                                      40 CFR Parts 52, 62 and 70                              bhesania.amy@epa.gov.                                 Incorporation by reference,
                                                                                                              SUPPLEMENTARY INFORMATION: EPA is                     Intergovernmental relations, Lead,
                                                                                                              proposing to approve revisions to the                 Nitrogen dioxide, Ozone, Particulate
                                                      [EPA–R07–OAR–2015–0006; FRL 9923–67–                                                                          matter, Reporting and recordkeeping
                                                                                                              State Implementation Plan (SIP), the 40
                                                      Region 7]
                                                                                                              CFR part 62 state plans (111(d)), and the             requirements, Sulfur oxides, Volatile
                                                      Approval and Promulgation of Air                        40 CFR part 70 operating permits                      organic compounds.
                                                      Quality Implementation Plans, State                     program, for the State of Missouri’s                  40 CFR Part 62
                                                      Plans for Designated Facilities and                     requests to amend the following rules:
                                                                                                                                                                      Environmental protection, Air
                                                      Pollutants, and Operating Permits                       1. 10 CSR 10–6.040, Reference Methods,
                                                                                                                                                                    pollution control, Administrative
                                                      Program; State of Missouri                                   received November 6, 2013.
                                                                                                              2. 10 CSR 10–6.040, Reference Methods,                practice and procedure,
                                                      AGENCY:  Environmental Protection                            received November 20, 2014.                      Intergovernmental relations, Reporting
                                                      Agency.                                                 3. 10 CSR 10–6.020, Definitions and Common            and recordkeeping requirements.
                                                                                                                   Reference Tables, received March 27,
                                                      ACTION: Proposed rule.                                       2014.                                            40 CFR Part 70
                                                                                                              4. 10 CSR 10–5.240, Additional Air Quality              Environmental protection,
                                                      SUMMARY:   The Environmental Protection                      Control Measures May be Required                 Administrative practice and procedure,
                                                      Agency (EPA) is proposing to approve                         When Sources are Clustered in a Small            Air pollution control, Intergovernmental
                                                      revisions to the State Implementation                        Land Area, received July 7, 2014.                relations, Operating permits, Reporting
                                                      Plan (SIP) and the operating permits                    5. 10 CSR 10–6.010, Air Quality Standards,
                                                                                                                   received July 14, 2014.                          and recordkeeping requirements.
                                                      program for the State of Missouri which
                                                      were received on November 6, 2013,                                                                              Dated: February 13, 2015.
                                                                                                                The revisions submitted by the state
                                                      November 20, 2014, March 27, 2014,                      include revisions to update standards                 Karl Brooks,
                                                      July 7, 2014, and July 14, 2014. The                    and reference methods, to clarify, add or             Regional Administrator, Region 7.
                                                      revisions submitted by the state include                amend definitions and reference tables,                 For the reasons stated in the
                                                      amendments to rules relating to                         to rescind an outdated rule, and to                   preamble, the Environmental Protection
                                                      reference methods, definitions and                      update and clarify ambient air quality                Agency proposes to amend 40 CFR parts
                                                      common reference tables, ambient air                    standards. For more information on the                52, 62, and 70 as set forth below:
                                                      quality standards, and a rule rescission                state’s submissions, specific revisions to            Chapter I, title 40 of the Code of Federal
                                                      related to air quality control measures                 each rule and EPA’s review of the                     Regulations is amended as follows:
                                                      for sources clustered in small land                     revisions, see the Technical Support
                                                      areas. Many of the revisions are                        Document (TSD) that is a part of this                 PART 52—APPROVAL AND
                                                      administrative in nature and either                     docket.                                               PROMULGATION OF
                                                      incorporate by reference or update state                  In the final rules section of this                  IMPLEMENTATION PLANS
                                                      rules to match Federal regulations.                     Federal Register, EPA is approving the
                                                      Some are more substantive, but are non-                 state’s SIP revision as a direct final rule           ■ 1. The authority citation for part 52
                                                      controversial. In addition, they provide                without prior proposal because the                    continues to read as follows:
                                                      more clarity for the regulated public.                  Agency views this as a noncontroversial                   Authority: 42 U.S.C. 7401 et seq.
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                                                      This direct final action will amend the                 revision amendment and anticipates no
                                                      SIP to include revised regulations which                relevant adverse comments to this                     Subpart AA—MISSOURI
                                                      will then be more consistent with                       action. A detailed rationale for the                  ■  2. In § 52.1320 the table in paragraph
                                                      Federal regulations. These revisions do                 approval is set forth in the direct final             (c) is amended by:
                                                      not have an adverse effect on air quality.              rule. If no relevant adverse comments                 ■ a. Removing under Chapter 5, the
                                                      EPA’s proposed approval of these rule                   are received in response to this action,              entry for ‘‘10–5.240’’; and
                                                      revisions is being done in accordance                   no further activity is contemplated in                ■ b. Revising under Chapter 6, the
                                                      with the requirements of the Clean Air                  relation to this action. If EPA receives              entries for ‘‘10–6.010’’, ‘‘10–6.020’’, and
                                                      Act (CAA).                                              relevant adverse comments, the direct                 ‘‘10–6.040’’.


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Document Created: 2018-02-21 09:31:41
Document Modified: 2018-02-21 09:31:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 3, 2015.
ContactIf you have questions on this rule, call or email Petty Officer John K. Jennings, Sector Miami Prevention Department, Coast Guard; telephone (305) 535-4317, email [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.
FR Citation80 FR 11607 
RIN Number1625-AA00

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