[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63720-63722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25570]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0559]
RIN 1625-AA08
Special Local Regulations; 2012 Ironman 70.3 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 2012 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami
is scheduled to take place on Sunday, October 28, 2012. Approximately
2,500 participants are anticipated to participate in the swim. No
spectators are expected to be present during the event. The special
local regulation is necessary to provide for the safety of the
participants, participant vessels, and the general public on the
navigable waters of the United States during the event. The special
local regulation establishes an area that will encompass the event
area. Non-participant persons and vessels will be 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 is effective from 6:45 a.m. until 9:45 a.m. on October
28, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0559. To view documents
mentioned in this preamble go to http://www.regulations.gov, inserting
USCG-2012-0559 in the ``Search'' box, and click ``Search.'' Click on
the 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 Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
[email protected]. If you have questions on viewing 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
On July 30, 2012, we published a Notice of Proposed Rulemaking
(NPRM) entitled USCG-2012-0559 in the Federal Register (77 FR 2012-
18455). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
(a) The legal basis for this rule is the Coast Guard's authority to
establish special local regulations pursuant to: 33 U.S.C. 1233.
(b) The purpose of the rule is to provide for the safety of life on
navigable waters of the United States during the Ironman 70.3 Miami.
[[Page 63721]]
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
On October 28, 2012, Miami Tri Events is sponsoring the Ironman
70.3, a triathlon. The swim portion of the event will be held on the
waters of Biscayne Bay, Miami, Florida. Approximately 2,500
participants are anticipated to participate in the event. No spectator
vessels are expected during the event.
The temporary final rule establishes a special local regulation
that will encompass certain waters of Biscayne Bay, Miami, Florida. The
special local regulation will be enforced from 6:45 a.m. until 9:45
a.m. on October 28, 2012. The special local regulation will establish
an area around the event where all non-participant persons and vessels
are prohibited from entering, transiting though, anchoring in, or
remaining within. 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 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 regulation 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 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 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 3 hours; (2) non-participant persons and vessels may enter,
transit through, anchor in, or remain within the event area if
authorized by the Captain of the Port Miami or a designated
representative; (3) non-participant persons and vessels not authorized
by the Captain of the Port Miami or designated representative to enter,
transit through, anchor in, or remain within the event area may operate
in the surrounding area during the enforcement periods; 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 received no comments from the Small Business
Administration on this rule. 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 vessels intending to enter,
transit through, anchor in, or remain within that portion of the
Biscayne Bay encompassed within the special local regulation from 6:45
a.m. until 9:45 a.m. on October 28, 2012. 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,
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 calls for no 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 an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have
[[Page 63722]]
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 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 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). Due to potential
environmental issues, we conducted an environmental analysis for both
the issuance of the marine event permit and the establishment of this
special local regulation. After completing the environmental analysis
for the issuance of the marine event permit and the establishment of
these special local regulations, we have determined these actions will
not significantly affect the human environment. 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.
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. 100.35T07-0559 to read as follows:
Sec. 100.35T07-0559 Special Local Regulation; Ironman 70.3 Miami,
Biscayne Bay; Miami, FL.
(a) Regulated Area. The following regulated area is a special local
regulation. All waters of Biscayne Bay located east of Bayfront Park
and encompassed within an imaginary line connecting the following
points: starting at Point 1 in position 25[deg]46'44'' N,
080[deg]11'00'' W; thence southeast to Point 2 in position
25[deg]46'24'' N, 080[deg]10'44'' W; thence southwest to Point 3 in
position 25[deg]46'18'' N, 080[deg]11'05'' W; thence north to Point 4
in position 25[deg]46'33'' N, 080[deg]11'05'' W; thence northeast 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 the Captain of the Port Miami or a
designated representative.
(2) 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.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. This rule will be enforced from 6:45 a.m.
until 9:45 a.m. on October 28, 2012.
Dated: September 28, 2012.
Chris P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-25570 Filed 10-16-12; 8:45 am]
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