80_FR_31405 80 FR 31300 - Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River; Fort Lauderdale, FL

80 FR 31300 - 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 105 (June 2, 2015)

Page Range31300-31303
FR Document2015-13401

The Coast Guard is establishing 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, 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.

Federal Register, Volume 80 Issue 105 (Tuesday, June 2, 2015)
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Rules and Regulations]
[Pages 31300-31303]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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.

[[Page 31302]]

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



                                                  31300               Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations

                                                  which covers the procedures for issuing                 accordance with this section, the                      SUPPLEMENTARY INFORMATION:      The Long
                                                  a ban with a special effective date. This               Commissioner will, as expeditiously as                 Beach Bridge, mile 4.7, across Reynolds
                                                  rule corrects § 895.30(c) by restoring the              possible, give interested persons prompt               Channel has a vertical clearance in the
                                                  incorrectly removed phrase.                             notice of this action in the Federal                   closed position of 22 feet at mean high
                                                     FDA finds good cause for issuing this                Register and will provide an                           water and 24 feet at mean low water.
                                                  amendment as a final rule without                       opportunity for an informal hearing in                 The existing bridge operating
                                                  notice and comment because this                         accordance with part 16 of this chapter.               regulations are found at 33 CFR
                                                  amendment only corrects the                             *    *      *     *     *                              117.799(g).
                                                  implementing regulation to restate the                                                                            Reynolds Channel is transited by
                                                  statute (5 U.S.C. 553(b)(B)). ‘‘[W]hen                    Dated: May 28, 2015.
                                                                                                                                                                 commercial fishing and recreational
                                                  regulations merely restate the statute                  Leslie Kux,                                            vessel traffic.
                                                  they implement, notice-and-comment                      Associate Commissioner for Policy.                        Nassau County Department of Public
                                                  procedures are unnecessary.’’ Gray                      [FR Doc. 2015–13329 Filed 6–1–15; 8:45 am]             Works requested this temporary
                                                  Panthers Advocacy Committee v.                          BILLING CODE 4164–01–P                                 deviation from the normal operating
                                                  Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.                                                                       schedule to facilitate a public event, the
                                                  1991); see also Komjathy v. Nat. Trans.                                                                        City of Long Beach Annual Fireworks
                                                  Safety Bd., 832 F.2d 1294, 1296 (D.C.                   DEPARTMENT OF HOMELAND                                 Display.
                                                  Cir. 1987) (when a rule ‘‘does no more                  SECURITY                                                  Under this temporary deviation, the
                                                  than repeat, virtually verbatim, the                                                                           Long Beach Bridge may remain in the
                                                  statutory grant of authority,’’ notice-and-             Coast Guard                                            closed position between 9:30 p.m. and
                                                  comment procedures are not required).                                                                          10:30 p.m. on July 10, 2015 (rain date
                                                  This amendment to § 895.30(c) merely                    33 CFR Part 117                                        July 11, 2015).
                                                  incorporates applicable requirements of                                                                           There is no alternate route for vessel
                                                                                                          [Docket No. USCG–2015–0429]
                                                  the FD&C Act, making notice-and-                                                                               traffic; however, vessels that can pass
                                                  comment procedures unnecessary in                       Drawbridge Operation Regulation;                       under the closed draws during this
                                                  this case. Therefore, publication of this               Reynolds Channel, Nassau, NY                           closure may do so at any time. The
                                                  document constitutes final action on                                                                           bridge will be able to open in the event
                                                  this change under the Administrative                    AGENCY: Coast Guard, DHS.                              of an emergency.
                                                  Procedure Act (APA) (5 U.S.C. 553).                     ACTION:Notice of deviation from                           The Coast Guard will inform the users
                                                     In addition, FDA finds good cause for                drawbridge regulation.                                 of the waterway through our Local and
                                                  this amendment to become effective on                                                                          Broadcast Notice to Mariners of the
                                                  the date of publication of this action.                 SUMMARY:    The Coast Guard has issued a               change in operating schedule for the
                                                  The APA allows an effective date less                   temporary deviation from the operating                 bridge so that vessels can arrange their
                                                  than 30 days after publication as                       schedule that governs the Long Beach                   transits to minimize any impact caused
                                                  ‘‘provided by the agency for good cause                 Bridge, across Reynolds Channel, mile                  by the temporary deviation.
                                                  found and published with the rule’’ (5                  4.7, at Nassau, New York. This                            In accordance with 33 CFR 117.35(e),
                                                  U.S.C. 553(d)(3)). A delayed effective                  temporary deviation is necessary to                    the drawbridge must return to its regular
                                                  date is unnecessary in this case because                facilitate the City of Long Beach Annual               operating schedule immediately at the
                                                  the amendment to § 895.30 does not                      Fireworks Display. This deviation                      end of the effective period of this
                                                  impose any new regulatory                               allows the bridge to remain in the                     temporary deviation. This deviation
                                                  requirements on affected parties. As a                  closed position during this public event.              from the operating regulations is
                                                  result, affected parties do not need time               DATES: This deviation is effective from                authorized under 33 CFR 117.35.
                                                  to prepare before the rule takes effect.                9:30 p.m. to 10:30 p.m. on July 10, 2015.                Dated: May 21, 2015.
                                                  Therefore, FDA finds good cause for this                ADDRESSES: The docket for this
                                                  correction to become effective on the                                                                          C.J. Bisignano,
                                                                                                          deviation, [USCG–2015–0429] is                         Supervisory Bridge Management Specialist,
                                                  date of publication of this action.                     available at http://www.regulations.gov.               First Coast Guard District.
                                                  List of Subjects in 21 CFR Part 895                     Type the docket number in the                          [FR Doc. 2015–13396 Filed 6–1–15; 8:45 am]
                                                    Administrative practice and                           ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                   BILLING CODE 9110–04–P
                                                  procedure, Labeling, Medical devices.                   Click on Open Docket Folder on the line
                                                                                                          associated with this deviation. You may
                                                    Therefore, under the Federal Food,
                                                                                                          also visit the Docket Management                       DEPARTMENT OF HOMELAND
                                                  Drug, and Cosmetic Act and under
                                                                                                          Facility in Room W12–140, on the                       SECURITY
                                                  authority delegated to the Commissioner
                                                                                                          ground floor of the Department of
                                                  of Food and Drugs, 21 CFR part 895 is
                                                                                                          Transportation West Building, 1200                     Coast Guard
                                                  amended as follows:
                                                                                                          New Jersey Avenue SE., Washington,
                                                  PART 895—BANNED DEVICES                                 DC 20590, between 9 a.m. and 5 p.m.,                   33 CFR Part 165
                                                                                                          Monday through Friday, except Federal
                                                                                                                                                                 [Docket Number USCG–2015–0024]
                                                  ■ 1. The authority citation for 21 CFR                  holidays.
                                                  part 895 continues to read as follows:                  FOR FURTHER INFORMATION CONTACT: If                    RIN 1625–AA00
                                                    Authority: 21 U.S.C. 352, 360f, 360h, 360i,           you have questions on this temporary
                                                                                                                                                                 Safety Zone; Rotary Club of Fort
                                                                                                          deviation, contact Ms. Judy K. Leung-
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  371.
                                                                                                                                                                 Lauderdale New River Raft Race, New
                                                  ■ 2. Amend § 895.30 by revising                         Yee, Project Officer, First Coast Guard
                                                                                                                                                                 River; Fort Lauderdale, FL
                                                  paragraph (c) to read as follows:                       District, telephone (212) 514–4330,
                                                                                                          email judy.k.leung-yee@uscg.mil. If you                AGENCY:    Coast Guard, DHS.
                                                  § 895.30   Special effective date.                      have questions on viewing the docket,                  ACTION:   Temporary final rule.
                                                  *     *      *  *     *                                 call Ms. Cheryl Collins, Program
                                                    (c) If the Commissioner makes a                       Manager, Docket Operations, telephone                  SUMMARY:   The Coast Guard is
                                                  proposed regulation effective in                        (202) 366–9826.                                        establishing a temporary safety zone on


                                             VerDate Sep<11>2014   15:16 Jun 01, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1


                                                                      Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations                                         31301

                                                  the waters of the New River in Fort                     posted date of April 18, 2015 to June 13,              will be enforced from 3 p.m. until 6
                                                  Lauderdale, Florida during the Rotary                   2015 and the posted location had been                  p.m. on June 13, 2015.
                                                  Club of Fort Lauderdale New River Raft                  changed from the waters between                           Non-participant persons and vessels
                                                  Race, on Saturday, June 13, 2015. The                   Esplanade Park to just east of the                     may request authorization to enter,
                                                  safety zone will encompass all waters of                Southeast 3rd Avenue Bridge to the new                 transit through, anchor in, or remain
                                                  the New River between Esplanade Park                    location of the waters between                         within the event area by contacting the
                                                  and the west side of the Florida East                   Esplanade Park and the west side of the
                                                                                                                                                                 Captain of the Port Miami by telephone
                                                  Coast Railroad Bridge. Approximately                    Florida East Coast Railroad Bridge.
                                                                                                                                                                 at 305–535–4472, or a designated
                                                  100 participants will attend the race.                     The Coast Guard is issuing this final
                                                                                                                                                                 representative via VHF radio on channel
                                                  The safety zone is necessary to ensure                  rule without prior notice and
                                                  the safety of participants, participant                                                                        16. If authorization to enter, transit
                                                                                                          opportunity to comment pursuant to
                                                  vessels, and the general public during                                                                         through, anchor in, or remain within the
                                                                                                          authority under section 4(a) of the
                                                  the event. Persons and vessels, except                                                                         event area is granted by the Captain of
                                                                                                          Administrative Procedure Act (APA)
                                                  those participating in the event, are                   (5 U.S.C. 553(b)). This provision                      the Port Miami or a designated
                                                  prohibited from entering, transiting                    authorizes an agency to issue a rule                   representative, all persons and vessels
                                                  through, anchoring in, or remaining                     without prior notice and opportunity to                receiving such authorization must
                                                  within the regulated area unless                        comment when the agency for good                       comply with the instructions of the
                                                  authorized by the Captain of the Port                   cause finds that those procedures are                  Captain of the Port Miami or a
                                                  Miami or a designated representative.                   ‘‘impracticable, unnecessary, or contrary              designated representative. The Coast
                                                  DATES: This rule will be effective on                   to the public interest.’’ Under 5 U.S.C.               Guard will provide notice of the safety
                                                  June 13, 2015 and enforced from 3 p.m.                  553(b)(B), the Coast Guard finds that                  zone by Local Notice to Mariners,
                                                  until 6 p.m.                                            good cause exists for not publishing a                 Broadcast Notice to Mariners, and on-
                                                                                                          NPRM with respect to this rule because                 scene designated representatives.
                                                  ADDRESSES: Documents mentioned in
                                                  this preamble are part of docket [USCG–                 publishing a NPRM would be                             D. Regulatory Analyses
                                                  2015–0024]. To view documents                           impracticable. The Coast Guard received
                                                  mentioned in this preamble as being                     updated information about the time of                    We developed this rule after
                                                  available in the docket, go to http://                  this event on March 10, 2015.                          considering numerous statutes and
                                                  www.regulations.gov, type the docket                    Additional details required to                         executive orders related to rulemaking.
                                                  number in the ‘‘SEARCH’’ box and click                  implement this rule were not obtained                  Below we summarize our analyses
                                                  ‘‘SEARCH.’’ Click on Open Docket                        in sufficient time to provide notice and               based on these statutes and executive
                                                  Folder on the line associated with this                 opportunity for comment.                               orders.
                                                  rulemaking. You may also visit the                         For the same reason discussed above,
                                                                                                          under 5 U.S.C. 553(d)(3), the Coast                    1. Regulatory Planning and Review
                                                  Docket Management Facility in Room
                                                  W12–140 on the ground floor of the                      Guard finds that good cause exists for                   This rule is not a significant
                                                  Department of Transportation West                       making this rule effective less than 30                regulatory action under section 3(f) of
                                                  Building, 1200 New Jersey Avenue SE.,                   days after publication in the Federal                  Executive Order 12866, Regulatory
                                                  Washington, DC 20590, between 9 a.m.                    Register.                                              Planning and Review, as supplemented
                                                  and 5 p.m., Monday through Friday,                      B. Basis and Purpose                                   by Executive Order 13563, Improving
                                                  except Federal holidays.                                                                                       Regulation and Regulatory Review, and
                                                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                            The legal basis for this rule is the
                                                                                                                                                                 does not require an assessment of
                                                  you have questions on this rule, call or                Coast Guard’s authority to establish
                                                                                                          regulated navigation areas and other                   potential costs and benefits under
                                                  email John K. Jennings, Sector Miami                                                                           section 6(a)(3) of Executive Order 12866
                                                  Prevention Department, U.S. Coast                       limited access areas: 33 U.S.C. 1231; 50
                                                                                                          U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                     or under section 1 of Executive Order
                                                  Guard; telephone (305) 535–4317, email                                                                         13563. The Office of Management and
                                                  john.k.jennings@uscg.mil. If you have                   6.04–6, and 160.5; Department of
                                                                                                          Homeland Security Delegation No.                       Budget has not reviewed it under those
                                                  questions on viewing or submitting                                                                             Orders. The economic impact of this
                                                  material to the docket, call Cheryl                     0170.1.
                                                                                                            The purpose of the rule is to provide                rule is not significant for the following
                                                  Collins, Program Manager, Docket                                                                               reasons: (1) The safety zone will be
                                                  Operations, telephone (202) 366–9826.                   for the safety of life on navigable waters
                                                                                                          of the United States during the Rotary                 enforced for 3 hours; (2) although
                                                  SUPPLEMENTARY INFORMATION:                                                                                     persons and vessels will not be able to
                                                                                                          Club of Fort Lauderdale New River Raft
                                                  Table of Acronyms                                       Race.                                                  enter, transit through, anchor in, or
                                                                                                                                                                 remain within the safety zone without
                                                  DHS Department of Homeland Security                     C. Discussion of the Final Rule                        authorization from the Captain of the
                                                  FR Federal Register
                                                  NPRM Notice of Proposed Rulemaking                        On June 13, 2015, Fort Lauderdale                    Port Miami or a designated
                                                                                                          Rotary Club is hosting the Rotary Club                 representative, they may operate in the
                                                  A. Regulatory History and Information                   of Fort Lauderdale New River Raft Race.                surrounding areas during the
                                                    On March 4, 2015, a Notice of                         The race will be held on the waters of                 enforcement period; (3) persons and
                                                  proposed rulemaking entitled Safety                     the New River in Fort Lauderdale,                      vessels may still enter, transit through,
                                                  Zone; Rotary Club of Fort Lauderdale                    Florida. Approximately 100 participants                anchor in, or remain within the safety
                                                  New River Raft Race, New River; Fort                    will attend the race. Minimal spectator                zone during the enforcement period if
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                                                  Lauderdale, FL was published in the                     vessels are expected.                                  authorized by the Captain of the Port
                                                  Federal Register (80 FR 11607). We                        This rule will establish a safety zone               Miami or a designated representative;
                                                  received no comments on the proposed                    that encompasses certain navigable                     and (4) the Coast Guard will provide
                                                  rule. No public meeting was requested,                  waters of the New River in Fort                        advance notification of the safety zone
                                                  and none was held. The Coast Guard                      Lauderdale, Florida from Esplanade                     to the local maritime community by
                                                  recently received notice that the date for              Park to the west side of the Florida East              Local Notice to Mariners and Broadcast
                                                  this event had been changed from the                    Coast Railroad Bridge. The safety zone                 Notice to Mariners.


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                                                  31302               Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations

                                                  2. Impact on Small Entities                             5. Federalism                                          because it does not have a substantial
                                                                                                             A rule has implications for federalism              direct effect on one or more Indian
                                                     The Regulatory Flexibility Act of 1980                                                                      tribes, on the relationship between the
                                                  (RFA), 5 U.S.C. 601–612, as amended,                    under Executive Order 13132,
                                                                                                          Federalism, if it has a substantial direct             Federal Government and Indian tribes,
                                                  requires federal agencies to consider the                                                                      or on the distribution of power and
                                                  potential impact of regulations on small                effect on the States, on the relationship
                                                                                                          between the national government and                    responsibilities between the Federal
                                                  entities during rulemaking. The term                                                                           Government and Indian tribes.
                                                  ‘‘small entities’’ comprises small                      the States, or on the distribution of
                                                  businesses, not-for-profit organizations                power and responsibilities among the                   12. Energy Effects
                                                  that are independently owned and                        various levels of government. We have
                                                                                                                                                                   This action is not a ‘‘significant
                                                  operated and are not dominant in their                  analyzed this rule under that Order and
                                                                                                                                                                 energy action’’ under Executive Order
                                                  fields, and governmental jurisdictions                  determined that this rule does not have
                                                                                                                                                                 13211, Actions Concerning Regulations
                                                  with populations of less than 50,000.                   implications for federalism.
                                                                                                                                                                 That Significantly Affect Energy Supply,
                                                  The Coast Guard certifies under 5 U.S.C.                6. Protest Activities                                  Distribution, or Use.
                                                  605(b) that this rule will not have a
                                                                                                             The Coast Guard respects the First                  13. Technical Standards
                                                  significant economic impact on a
                                                                                                          Amendment rights of protesters.
                                                  substantial number of small entities.                                                                            This rule does not use technical
                                                                                                          Protesters are asked to contact the
                                                  This rule may affect the following                                                                             standards. Therefore, we did not
                                                                                                          person listed in the FOR FURTHER
                                                  entities, some of which may be small                                                                           consider the use of voluntary consensus
                                                                                                          INFORMATION CONTACT section to
                                                  entities: The owners or operators of non-                                                                      standards.
                                                                                                          coordinate protest activities so that your
                                                  participant vessels intending to enter,
                                                                                                          message can be received without                        14. Environment
                                                  transit through, anchor in, or remain
                                                                                                          jeopardizing the safety or security of                   We have analyzed this rule under
                                                  within the safety zone described in this
                                                                                                          people, places or vessels.                             Department of Homeland Security
                                                  regulation during the respective
                                                  enforcement period. For the reasons                     7. Unfunded Mandates Reform Act                        Management Directive 023–01 and
                                                  discussed in the Regulatory Planning                                                                           Commandant Instruction M16475.lD,
                                                                                                             The Unfunded Mandates Reform Act
                                                  and Review section above, this rule will                                                                       which guide the Coast Guard in
                                                                                                          of 1995 (2 U.S.C. 1531–1538) requires
                                                  not have a significant economic impact                                                                         complying with the National
                                                                                                          Federal agencies to assess the effects of
                                                  on a substantial number of small                                                                               Environmental Policy Act of 1969
                                                                                                          their discretionary regulatory actions. In
                                                  entities.                                                                                                      (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                          particular, the Act addresses actions
                                                                                                                                                                 have determined that this action is one
                                                  3. Assistance for Small Entities                        that may result in the expenditure by a
                                                                                                                                                                 of a category of actions that do not
                                                                                                          State, local, or tribal government, in the
                                                     Under section 213(a) of the Small                                                                           individually or cumulatively have a
                                                                                                          aggregate, or by the private sector of
                                                  Business Regulatory Enforcement                                                                                significant effect on the human
                                                                                                          $100,000,000 (adjusted for inflation) or
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                        environment. This rule involves the
                                                                                                          more in any one year. Though this rule
                                                  we want to assist small entities in                                                                            creation of a safety zone. This rule is
                                                                                                          will not result in such an expenditure,
                                                  understanding this rule. If the rule                                                                           categorically excluded from further
                                                                                                          we do discuss the effects of this rule
                                                  would affect your small business,                                                                              review under paragraph 34(g) of Figure
                                                                                                          elsewhere in this preamble.
                                                  organization, or governmental                                                                                  2–1 of the Commandant Instruction. An
                                                  jurisdiction and you have questions                     8. Taking of Private Property                          environmental analysis checklist
                                                  concerning its provisions or options for                   This rule will not cause a taking of                supporting this determination and a
                                                  compliance, please contact the person                   private property or otherwise have                     Categorical Exclusion Determination are
                                                  listed in the FOR FURTHER INFORMATION                   taking implications under Executive                    available in the docket where indicated
                                                  CONTACT section above.                                  Order 12630, Governmental Actions and                  under ADDRESSES. We seek any
                                                                                                          Interference with Constitutionally                     comments or information that may lead
                                                     Small businesses may send comments                                                                          to the discovery of a significant
                                                  on the actions of Federal employees                     Protected Property Rights.
                                                                                                                                                                 environmental impact from this rule.
                                                  who enforce, or otherwise determine                     9. Civil Justice Reform
                                                  compliance with, Federal regulations to                                                                        List of Subjects in 33 CFR Part 165
                                                                                                             This rule meets applicable standards
                                                  the Small Business and Agriculture                                                                               Harbors, Marine safety, Navigation
                                                                                                          in sections 3(a) and 3(b)(2) of Executive
                                                  Regulatory Enforcement Ombudsman                                                                               (water), Reporting and recordkeeping
                                                                                                          Order 12988, Civil Justice Reform, to
                                                  and the Regional Small Business                                                                                requirements, Security measures,
                                                                                                          minimize litigation, eliminate
                                                  Regulatory Fairness Boards. The                                                                                Waterways.
                                                                                                          ambiguity, and reduce burden.
                                                  Ombudsman evaluates these actions                                                                                For the reasons discussed in the
                                                  annually and rates each agency’s                        10. Protection of Children                             preamble, the Coast Guard amends 33
                                                  responsiveness to small business. If you                  We have analyzed this rule under                     CFR part 165 as follows:
                                                  wish to comment on actions by                           Executive Order 13045, Protection of
                                                  employees of the Coast Guard, call 1–                   Children from Environmental Health                     PART 165—REGULATED NAVIGATION
                                                  888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not               AREAS AND LIMITED ACCESS
                                                  Coast Guard will not retaliate against                  an economically significant rule and                   AREAS.
                                                  small entities that question or complain                does not create an environmental risk to
                                                  about this rule or any policy or action                                                                        ■ 1. The authority citation for part 165
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                                                                                                          health or risk to safety that may
                                                  of the Coast Guard.                                                                                            continues to read as follows:
                                                                                                          disproportionately affect children.
                                                  4. Collection of Information                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          11. Indian Tribal Governments                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                    This rule will not call for a new                       This rule does not have tribal                       Department of Homeland Security Delegation
                                                  collection of information under the                     implications under Executive Order                     No. 0170.1.
                                                  Paperwork Reduction Act of 1995                         13175, Consultation and Coordination                   ■ 2. Add temporary § 165.T07–0024 to
                                                  (44 U.S.C. 3501–3520).                                  with Indian Tribal Governments,                        read as follows:


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                                                                      Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations                                           31303

                                                  § 165.T07–0024 Safety Zone; Rotary Club                 POSTAL SERVICE                                         implementation of the electronic filing
                                                  of Fort Lauderdale New River Raft Race,                                                                        system.
                                                  New River, Fort Lauderdale, FL.                         39 CFR Part 955                                           In § 955.5, concerning the
                                                    (a) Regulated area. The following                                                                            preparation, contents, organization,
                                                                                                          Rules of Practice Before the Postal                    forwarding, and status of the appeal file:
                                                  regulated area is a safety zone. All                    Service Board of Contract Appeals                         • Paragraph (a) is revised to eliminate
                                                  waters of the New River between
                                                                                                          AGENCY:    Postal Service.                             the requirement for the Postal Service’s
                                                  Esplanade Park to the west side of the
                                                                                                                                                                 counsel to provide a copy of the appeal
                                                  Florida East Coast Railroad Bridge,                     ACTION:   Final rule.                                  file to the appellant, which becomes
                                                  contained within the following points:                                                                         unnecessary under the electronic filing
                                                  Starting at Point 1 in position 26°07′10″               SUMMARY:   This document revises the
                                                                                                          rules of practice of the Postal Service                system, and to clarify the language of
                                                  N., 80°08′54″ W.; thence southeast to                                                                          paragraph (a)(4) with regard to
                                                  Point 2 in position 26°07′08″ N.,                       Board of Contract Appeals to implement
                                                                                                          an electronic filing system.                           transcripts and affidavits included in
                                                  80°08′44″ W.; thence south to Point 3 in                                                                       the appeal file.
                                                  position 26°07′06″ N., 80°08′45″ W.                     DATES: Effective date: July 2, 2015.                      • Paragraph (b) is revised to eliminate
                                                  thence northwest to Point 4 in position                 ADDRESSES: Written inquiries may be                    the requirement for the appellant to
                                                  26°07′09″ N., 80°08′54″ W.; thence north                addressed to Postal Service Board of                   provide a copy of an appeal file
                                                  back to origin. All coordinates are North               Contract Appeals, 2101 Wilson                          supplement to the Postal Service, which
                                                  American Datum 1983.                                    Boulevard, Suite 600, Arlington, VA                    becomes unnecessary under the
                                                                                                          22201–3078.                                            electronic filing system.
                                                    (b) Definition. The term ‘‘designated
                                                                                                          FOR FURTHER INFORMATION CONTACT: Vice                     • Paragraph (c) is revised to reflect
                                                  representative’’ means Coast Guard
                                                                                                          Chairman Gary E. Shapiro, (703) 812–                   that appeal file documents submitted in
                                                  Patrol Commanders, including Coast
                                                                                                          1910.                                                  the electronic filing system are not
                                                  Guard coxswains, petty officers, and
                                                                                                                                                                 original documents.
                                                  other officers operating Coast Guard                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    • Paragraph (d) is revised to reflect
                                                  vessels, and Federal, state, and local                  A. Background                                          appropriate rules for handling bulky,
                                                  officers designated by or assisting the                                                                        lengthy or out-of-size documents, and
                                                  Captain of the Port Miami in the                          The Postal Service Board of Contract
                                                                                                                                                                 tangible evidence following
                                                  enforcement of the regulated area.                      Appeals (the Board) recently has
                                                                                                                                                                 implementation of the electronic filing
                                                                                                          implemented an electronic filing
                                                    (c) Regulations. (1) Non-participant                                                                         system.
                                                                                                          system. Changes to the rules of practice                  In § 955.7, with regard to the
                                                  persons and vessels are prohibited from                 before the Board in 39 CFR part 955 are
                                                  entering, transiting through, anchoring                                                                        procedures required to file pleadings in
                                                                                                          necessary to accommodate the new                       cases before the Board:
                                                  in, or remaining within the regulated                   system, and to establish rules relative to
                                                  area unless authorized by Captain of the                                                                          • Paragraph (a) is revised to eliminate
                                                                                                          that system. No other changes to the                   the requirement for the appellant to
                                                  Port Miami or a designated                              rules have been made.                                  provide a copy of the complaint to the
                                                  representative. Non-participant persons
                                                                                                          B. Explanation of Changes                              Postal Service, which becomes
                                                  and vessels may request authorization to
                                                                                                                                                                 unnecessary under the electronic filing
                                                  enter, transit through, anchor in, or                     In § 955.1, concerning jurisdiction,                 system.
                                                  remain within the regulated area by                     procedure, and service of documents in                    • Paragraph (b) is revised to eliminate
                                                  contacting the Captain of the Port Miami                proceedings before the Board:                          the requirement for the Postal Service to
                                                  by telephone at 305–535–4472, or a                        • Paragraph (b)(1) is amended to                     provide a copy of the answer to the
                                                  designated representative via VHF radio                 identify the internet address for the                  appellant, which becomes unnecessary
                                                  on channel 16. If authorization is                      electronic filing system.                              under the electronic filing system.
                                                  granted by the Captain of the Port                        • Paragraph (c)(3)(ii) is amended to                    In § 955.10, with regard to prehearing
                                                  Miami or a designated representative,                   indicate when Board orders and                         briefs, a sentence is added to specify the
                                                  all persons and vessels receiving such                  decisions are considered received by the               deadline for filing prehearing briefs
                                                  authorization must comply with the                      parties in the electronic filing system.               under the electronic filing system.
                                                  instructions of the Captain of the Port                   • Paragraph (c)(4) is revised to                        In § 955.13, concerning optional small
                                                  Miami or a designated representative.                   indicate when documents submitted by                   claims and accelerated procedures,
                                                                                                          parties are considered received by the                 language in paragraph (a)(3) is amended
                                                     (2) The Coast Guard will provide                     Board in the electronic filing system,                 to enhance clarity.
                                                  notice of the safety zone by Local Notice               and to clarify other language involving                   In § 955.14, with regard to settling the
                                                  to Mariners, Broadcast Notice to                        receipt of documents.                                  record, language requiring the
                                                  Mariners and on-scene designated                          • Paragraph (c)(5) is revised to                     availability of the record for inspection
                                                  representatives.                                        indicate when service of documents on                  at the Board’s location is removed from
                                                     (d) Effective date. This rule will be                the opposing party is required for                     paragraph (a), since the record will be
                                                  enforced from 3 p.m. until 6 p.m. on                    purposes of the electronic filing system.              available in the electronic filing system.
                                                  June 13, 2015.                                            In § 955.2, the heading is revised to                   In § 955.15, concerning discovery,
                                                                                                          Initiation of appeals, and the text is                 language is added to paragraph (a) to
                                                    Dated: May 22, 2015.                                  revised to indicate how appeals may be                 clarify when discovery requests and
                                                  A.J. Gould,                                             initiated directly by a contractor
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                                                                                                                                                                 responses should be filed under the
                                                  Captain, U.S. Coast Guard, Captain of the               following implementation of the                        electronic filing system.
                                                  Port Miami.                                             electronic filing system.                                 In § 955.26, with regard to the
                                                  [FR Doc. 2015–13401 Filed 6–1–15; 8:45 am]                In § 955.4, with regard to the                       appearance and representation by
                                                  BILLING CODE 9110–04–P                                  forwarding of appeals, the text is revised             counsel of parties before the Board:
                                                                                                          to indicate how appeals are initiated                     • Paragraphs (a) and (b) are revised to
                                                                                                          when a contractor submits a notice of                  specify that attorneys for appellants and
                                                                                                          appeal to a contracting officer following              the respondent U.S. Postal Service shall


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Document Created: 2015-12-15 15:12:08
Document Modified: 2015-12-15 15:12:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule will be effective on June 13, 2015 and enforced from 3 p.m. until 6 p.m.
ContactIf 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.
FR Citation80 FR 31300 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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