[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60302-60304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24343]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0728]
RIN 1625-AA08
Special Local Regulations; Red Bull Flugtag Miami, Biscayne Bay;
Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida
during the Red Bull Flugtag. The Red Bull Flugtag is scheduled to take
place on Saturday, November 3, 2012. The event consists of 30
participants launching self-propelled flying machines from a 30ft ramp
to the water below. 150 spectator vessels are expected to attend the
event. The special local regulation is necessary to provide for the
safety of the participants, participant vessels, and general public on
the navigable waters of the United States during the event. The special
local regulation will encompass the following two areas: An event area,
where non-participant vessels are prohibited from entering, transiting
through, anchoring in, or remaining within; and a spectator area, where
all vessels are permitted to anchor.
DATES: This rule is effective and will be enforced from 11 a.m. to 4
p.m. on November 3, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0728]. 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 Lieutenant Mike H. Wu, Sector Miami Prevention
Department, Coast Guard; telephone 305-535-7576, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, 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 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 notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive all
event details until September 5, 2012. As a
[[Page 60303]]
result, the Coast Guard did not have sufficient time 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
participants, participant vessels, spectators, and the general public.
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 Red Bull Flugtag.
C. Discussion of the Final Rule
On November 3, 2012, Red Bull North America is sponsoring the Red
Bull Flugtag. The event will be held on the waters of Biscayne Bay,
Miami, Florida. The event consists of 30 participants launching self-
propelled flying machines from a 30ft ramp to the water below. 150
spectator vessels are expected to attend the event.
The special local regulation will encompass certain waters of
Biscayne Bay, Miami, Florida. The special local regulation will be
enforced from 11 a.m. until 4 p.m. on November 3, 2012. The special
local regulation will encompass the following two areas: (1) An event
area, where non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within; and (2) a
spectator area, where vessels are permitted to anchor. 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 via 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
special local regulations 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 special local regulation will be enforced
for only five hours; (2) although non-participant persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the event area without authorization from the Captain of the Port Miami
or a designated representative, they may operate in the surrounding
area during the enforcement period; (3) non-participant persons and
vessels may still enter, transit through, anchor in, or remain within
the event area during the enforcement period if authorized by the
Captain of the Port Miami or a designated representative; and (4) the
Coast Guard will provide advance notification of the special local
regulations 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 would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of Biscayne Bay from 11
a.m. to 4 p.m. on November 3, 2012.
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).
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,
[[Page 60304]]
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 a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 35(b) and 34(h) 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 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0728 to read as follows:
Sec. 100.35T07-0728 Special Local Regulation; Red Bull Flugtag,
Biscayne Bay; Miami, FL.
(a) Regulated Area. The following regulated areas are established
as special local regulation. All coordinates are North American Datum
1983.
(1) Event Area. All waters of Biscayne Bay, Miami, FL between
Bayfront Park and the Intercontinental-Miami Hotel encompassed within
an imaginary line connecting the following points: Starting at point 1
in position 25[deg]46'32'' N, 80[deg]11'06'' W; thence southeast to
point 2 in position 25[deg]46'30'' N, 80[deg]11'04'' W; thence south to
point 3 in position 25[deg]46'26'' N, 80[deg]11'04'' W; thence
southwest to point 4 in position 25[deg]46'25'' N, 80[deg]11'06'' W;
thence north back to origin. All non-participant persons and vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the event area without authorization from the Captain
of the Port Miami or a designated representative.
(2) Spectator Area. All waters of Biscayne Bay, Miami, FL between
Bayfront Park and the Intercontinental-Miami Hotel encompassed within
an imaginary line connecting the following points: Starting at point 1
in position 25[deg]46'32'' N, 80[deg]11'05'' W; thence northeast to
point 2 in position 25[deg]46'36'' N, 80[deg]11'01'' W; thence south to
point 3 in position 25[deg]46'22'' N, 80[deg]11'01'' W; thence
southwest to point 4 in position 25[deg]46'18'' N, 80[deg]11'04'' W;
thence west to point 5 in position 25[deg]46'18'' N, 80[deg]11'05'' W;
thence north to point 6 in position 25[deg]46'25'' N, 80[deg]11'06'' W;
thence northeast to point 7 in position 25[deg]46'26'' N,
80[deg]11'04'' W; thence northwest to point 8 in position
25[deg]46'30'' N, 80[deg]11'04'' W; thence northwest back to origin.
Vessels are permitted to anchor in this area.
(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 areas.
(c) Regulations. (1) 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 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 regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. This rule will be enforced from 11:00 a.m.
until 4:00 p.m. on November 3, 2012.
Dated: September 19, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-24343 Filed 10-2-12; 8:45 am]
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