[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63720-63722]
From the Federal Register Online via the Government Printing 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 
Mike.H.Wu@uscg.mil. 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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