Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 4497 

restoration appeals, the Board will not 

consider matters described at 5 U.S.C. 

7701(c)(2) in an appeal covered by this 

section. 

(e) Notice of jurisdictional, timeliness, 

and merits elements. The administrative 

judge will provide notice to the parties 

of the specific jurisdictional, timeliness, 

and merits elements that apply in a 

particular appeal. 

(f) Additional information. For 

additional information on IRA appeals, 

the reader should consult 5 CFR part 

1209. For additional information on 

VEOA appeals, the reader should 

consult 5 CFR part 1208, subparts A & 

C. For additional information on 

USERRA appeals, the reader should 

consult 5 CFR part 1208, subparts A and 

B. 

(g) For additional information on 

denial of restoration appeals, the reader 

should consult 5 CFR part 353, subparts 

A and C. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2015–01575 Filed 1–27–15; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2014–0905] 

RIN 1625–AA08 

Special Local Regulation; Bradenton 

Area Riverwalk Regatta; Manatee 

River, Bradenton, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of the Manatee River in 

Bradenton, Florida, during the 

Bradenton Area Riverwalk Regatta. The 

event is scheduled to take place 

annually from 11 a.m. to 7:30 p.m. on 

the first Saturday of February. The 

special local regulation is necessary to 

protect the safety of race participants, 

participant vessels, spectators, and the 

general public on the navigable waters 

of the United States during the event. 

The special local regulation will restrict 

vessel traffic in the waters of the 

Manatee River in the vicinity of 

Bradenton, Florida. It will establish the 

following two areas: Enforcement areas 

#1 and #2, where all persons and 

vessels, except those persons and 

vessels participating in the high speed 

boat races and those vessels enforcing 

the areas, are prohibited from entering, 

transiting through, anchoring in, or 

remaining within. 

DATES: This rule is effective February 1, 

2015. This rule will be enforced 

annually on the first Saturday of 

February from 11 a.m. to 7:30 p.m. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0905. 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 Marine Science Technician First 

Class Hector I. Fuentes, Sector Saint 

Petersburg Waterways Management 

Branch, U.S. Coast Guard; telephone 

(813) 228–2191, email 

Hector.I.Fuentes@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, 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 

The Coast Guard is establishing this 

Special Local Regulation on the waters 

of the Gulf of Mexico in the vicinity of 

Manatee River, Florida during the 

Bradenton Riverwalk Regatta. On 

November 26, 2014, the Coast Guard 

published a notice proposing this final 

rule. No comments were received. 

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. The Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register 

because immediate action is needed to 

minimize potential danger to the public 

during this event and the rule will have 

minimal impact on the public and 

waterway users. The comment period 

on this rule ended on December 26, 

2014 and the Coast Guard did not have 

sufficient time to publish notice of this 

rule. This event has been well 

publicized by the City of Bradenton and 

local media outlets. Any delay in the 

effective date of this rule would be 

contrary to the public interest because 

this rule is needed to minimize 

potential danger to the public during the 

Bradenton Riverwalk Regatta and 

fireworks display. 

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 provide 

for the safety of life on navigable waters 

of the United States during the 

Bradenton Riverwalk Regatta. 

C. Comments and Changes to the Final 

Rule 

The Coast Guard received no 

comments related to this event during 

the comment period. This rule makes 

one change to the proposed regulation. 

In the NPRM, the special local 

regulation exclusion areas would be 

enforced from 11:00 a.m. to 4:30 p.m. 

However, the Bradenton Riverwalk 

Regatta includes a fireworks display. To 

ensure the safety of race participants, 

participant vessels, spectators, and the 

general public on the navigable waters 

of the United States during the 

fireworks display, the Coast Guard is 

extending the enforcement period for 

the special local regulation until 7:30 

p.m. Because the fireworks display will 

take place in the race area, the 

geographic area of the proposed 

enforcement zones remains unchanged 

in this rule. Additional notice and 

opportunity to comment on this change 

is unnecessary because extending the 

enforcement period a few hours is a 

logical outgrowth of the the NPRM. The 

fireworks display has always been part 

of the schedule of events, publicized by 

the City of Bradenton and local media. 

Furthermore, the additional impact of 

the extended enforcement period is 

minimal. The enforcement areas will be 

restricted for three extra hours once per 

year. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 


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4498 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 

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. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this rule on small entities. 

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. 

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. 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 

would not result in such expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule would not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

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 would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This rule is not a ‘‘significant energy 

action’’ under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This 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 made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule is categorically 

excluded from further review under 

paragraph 34(h) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.722 to read as follows: 

§ 100.722 Special Local Regulations; 

Bradenton Area Riverwalk Regatta, Manatee 

River; Bradenton, FL. 

(a) Regulated Areas. The following 

regulated areas are established as 

special local regulations. All 

coordinates are North American Datum 

1983. 

(1) Enforcement Area #1. All waters of 

the Manatee River between the Green 

Bridge and the CSX Train Trestle 

contained within the following points: 

27°30.73′ N, 82°34.37′ W, thence to 

position 27°30.73′ N, 82°34.13′ W, 

thence to position 27°29.97′ N, 82°34.27′ 

W, thence to position 27°29.59′ N, 

82°34.07′ W, thence back to the original 

position, 27°30.73′ N, 82°34.37′ W. 

(2) Enforcement Area #2. All waters of 

the Manatee River contained within the 

following points: 27°30.58′ N, 82°34.62′ 

W, thence to position 27°30.58′ N, 

82°34.43′ W, thence to position 

27°30.43′ N, 82°34.43′ W, thence to 


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Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 4499 

position 27°30.43′ N, 82°34.62′ W, 

thence back to the original position, 

27°30.58′ N, 82°34.62′ W. 

(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 St. Petersburg in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated areas 

unless an authorized race participant. 

(2) Designated representatives may 

control vessel traffic throughout the 

regulated areas as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the 

Captain of the Port St. Petersburg by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port St. 

Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. 

(d) Enforcement Date. This section 

will be enforced annually from 11 a.m. 

to 7:30 p.m. on the first Saturday of 

February. 

Dated: January 8, 2015. 

G.D. Case, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2015–01620 Filed 1–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[2135–AA36] 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Final rule. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway Regulations and 

Rules in various categories. The changes 

will update the following sections of the 

Regulations and Rules: Seaway 

Navigation, and Radio Communications. 

Because these changes to the joint 

regulations are either technical 

amendments or corrections, the SLSDC 

finds that a notice-and-comment period 

would be unnecessary and impractical. 

The rule will become effective on March 

31, 2015 in Canada and in order to 

avoid confusion among the users of the 

Seaway, the rule will become effective 

on the same date in the United States. 

DATES: The rule will become effective 

on March 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

3200. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes will 

update the following sections of the 

Regulations and Rules: Seaway 

Navigation, and Radio Communications. 

Because these changes to the joint 

regulations are either technical 

amendments or corrections, the SLSDC 

finds that a notice-and-comment period 

would be unnecessary and impractical. 

The rule will become effective on March 

31, 2015 in Canada and in order to 

avoid confusion among the users of the 

Seaway, the rule will become effective 

on the same date in the United States. 

Regulatory Notices 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.Regulations.gov. 

The changes to the joint regulations 

are technical amendments or 

corrections. 

Regulatory Evaluation 

This regulation involves a foreign 

affairs function of the United States and 

therefore Executive Order 12866 does 

not apply and evaluation under the 

Department of Transportation’s 

Regulatory Policies and Procedures is 

not required. 

Regulatory Flexibility Act 

Determination 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

The St. Lawrence Seaway Regulations 

and Rules primarily relate to 

commercial users of the Seaway, the 

vast majority of whom are foreign vessel 

operators. Therefore, any resulting costs 

will be borne mostly by foreign vessels. 

Environmental Impact 

This regulation does not require an 

environmental impact statement under 

the National Environmental Policy Act 

(49 U.S.C. 4321, et seq.) because it is not 

a major federal action significantly 

affecting the quality of the human 

environment. 

Federalism 

The Corporation has analyzed this 

rule under the principles and criteria in 

Executive Order 13132, dated August 4, 

1999, and has determined that this rule 

does not have sufficient federalism 

implications to warrant a Federalism 

Assessment. 

Unfunded Mandates 

The Corporation has analyzed this 

rule under Title II of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 109 Stat. 48) and determined that 

it does not impose unfunded mandates 

on State, local, and tribal governments 

and the private sector requiring a 

written statement of economic and 

regulatory alternatives. 

Paperwork Reduction Act 

This regulation has been analyzed 

under the Paperwork Reduction Act of 

1995 and does not contain new or 

modified information collection 

requirements subject to the Office of 

Management and Budget review. 

List of Subjects in 33 CFR Part 401 

Hazardous materials transportation, 

Navigation (water), Penalties, Radio, 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 


wreier-aviles on DSK4TPTVN1PROD with RULES