Coast Guard, DHS.
Temporary final rule.
The Coast Guard is establishing a Special Local Regulation on the waters of the St. Johns River in Jacksonville, Florida during the Jacksonville Dragon Boat Festival, a series of paddle boat races. The event is scheduled to take place on Saturday, September 21, 2013. The race course will be set up on Friday, September 20, 2013. Approximately eight 48 foot paddle boats will participate in the races and approximately 20 spectator Start Printed Page 57064vessels are expected to attend the event. The Special Local Regulation will establish a regulated area that consists of a race area and a buffer zone that will temporarily restrict vessel traffic in a portion of the St. Johns River. Non-participant persons and vessels will be prohibited from entering or transiting through the area unless authorized by the Captain of the Port Jacksonville or a designated representative.
This rule is effective from 8 a.m. until 6 p.m. on September 20-21, 2013.
Documents mentioned in this preamble are part of docket USCG-2013-0652. 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 then 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.
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FOR FURTHER INFORMATION CONTACT:
If you have questions on this temporary final rule, call or email Lieutenant Commander Robert Butts, Sector Jacksonville Office of Waterways Management, Coast Guard; telephone (904) 564-7563, email Robert.S.Butts@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
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Start Supplemental Information
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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 notice of proposed rulemaking (NPRM) with respect to this rule because there is not sufficient time remaining to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to the race participants, participant vessels, spectators, and the general public.
Under 5 U.S.C. 553(d)(3), for the reasons stated above, 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 the rule is the Coast Guard's authority to establish special local regulations: 33 U.S.C. 1233. The purpose of the rule is to ensure safety of life on navigable waters of the United States during the Jacksonville Dragon Boat Festival.
C. Discussion of the Final Rule
On Saturday, September 21, 2013, In the Pink Boutique, Inc. will host the Jacksonville Dragon Boat Festival, a series of boat races. The Race Area will be set up on September 20, 2013 between the hours of 8:00 a.m. and 6:00 p.m. The event will be held on the waters of the St. Johns River, Florida. Approximately 8 boats are anticipated to participate in the races. It is anticipated that at least 20 spectator vessels will be present during the event.
The rule will establish special local regulations that encompass certain waters of the St. Johns River, Jacksonville, Florida. The special local regulations will be enforced from 8 a.m. until 6:00 p.m. on September 21, 2013. The special local regulations will consist of the following areas: A race area, where all persons and vessels, except those persons and vessels participating in the races, are prohibited from entering, transiting, anchoring, or remaining and a buffer zone where all persons vessels, except those persons and vessels participating in the races wishing to transit through the buffer zone must do so at bare steerageway. Persons and vessels will be able to request authorization to enter, transit through, anchor in, or remain within the race area by contacting the Captain of the Port Jacksonville by telephone at (904) 564-7513, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the race area is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization are required to comply with the instructions of the Captain of the Port Jacksonville or a designated representative. The Coast Guard will provide notice of the regulated areas 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 temporary final rule is not significant for the following reasons: (1) The special local regulations will be enforced for a total of 20 hours over two days; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the race area without authorization from the Captain of the Port Jacksonville or a designated representative, they will be able to transit through the surrounding area during the enforcement period; (3) persons and vessels will still be able to enter, transit through, anchor in, or remain within the race area if authorized by the Captain of the Port Jacksonville or a designated representative; and (4) the Coast Guard will provide advance notification of the special local regulation to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.
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 Start Printed Page 57065entities: the owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the St. Johns River encompassed within the special local regulations from 8 a.m. until 6:00 p.m. on September 20-21, 2013. For the reasons discussed in the Regulatory Planning and Review section above, this rule would 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 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 rule would economically affect it.
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, 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).
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it 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.
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 concluded 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 establishment of a special local regulation issued in conjunction with a regatta or marine parade. This rule is categorically excluded from further review under paragraph 34(h) and 35(b) 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.
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For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS
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1. The authority citation for part 100 continues to read as follows:End Amendment Part
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2. Add a temporary § 100.35T07-0652 to read as follows:End Amendment Part
Special Local Regulations; Jacksonville Dragon Boat Festival; St. Johns River; Jacksonville, FL.
(a) Regulated Areas. The following regulated areas are established. All coordinates are North American Datum 1983.
(1) Race Area. All waters of the St. Johns River located in downtown Start Printed Page 57066Jacksonville, FL encompassed within an imaginary line connecting the following points: starting at Point 1 in position 30°19′26.61″ N, 81°39′46.45″ W; thence south to Point 2 in position 30°19′22.90″ N, 81°39′47.03″ W; thence east to Point 3 in position 30°19′22.27″ N, 81°39′32.14″ W; thence north to Point 4 in position 30°19′26.16″ N, 81°39′31.69″ W; thence west back to origin.
(2) Buffer Zone. All waters of the St. Johns River located in downtown Jacksonville, FL encompassed within an imaginary line connecting the following points: starting at Point 1 in position 30°19′26.14″ N, 81°39′49.48″ W; thence south to Point 2 in position 30°19′21.23″ N, 81°39′47.63″ W; thence east to Point 3 in position 30°19′19.91″ N, 81°39′28.36″ W; thence north to Point 4 in position 30°19′25.96″ N, 81°39′27.97″ W; thence west along the shoreline back to origin.
(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 Jacksonville in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from:
(i) Entering, transiting through, anchoring in, or remaining within Race Area unless an authorized race participant.
(ii) Anchoring in, or remaining within the buffer zone, unless enforcing the buffer zone or a race participant transiting to the race area. Vessels wishing to transit through the buffer zone must do so at bare steerageway.
(2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the Port Jacksonville by telephone at (904) 564-7513, or a designated representative via VHF radio on channel 16, to request authorization. If authorization is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 8 a.m. until 6:00 p.m. on September 20, 2013 through September 21, 2013.
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Dated: August 28, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-22596 Filed 9-16-13; 8:45 am]
BILLING CODE 9110-04-P