[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3502-3504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01207]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0905]
RIN 1625-AA00
Safety Zone; Bone Island Triathlon, Atlantic Ocean; Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean in Key West, Florida, during the Bone
Island Triathlon on Saturday, January 25, 2014. The safety zone is
necessary to provide for the safety of life on navigable waters during
the event. Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Key West or a designated
representative.
DATES: This rule will be enforced from 7 a.m. until 10 a.m. on January
25, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0905]. 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class Ian G. Bowes, U. S. Coast Guard Sector Key West Prevention
Department, telephone (305) 292-8823, email [email protected]. 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 published a Notice of Proposed Rulemaking on
November 27, 2013. No comments were received. No public meeting has
been requested.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 33 CFR 1.05-1, 6.04-1,
160.5; Department of Homeland Security Delegation No. 0170.1. On
January 25, 2014, Questor Multisport, LLC. is hosting the Bone Island
Triathlon. The event will be held on the waters of the Atlantic Ocean
located south of Key West, Florida. Approximately 700 swimmers will be
participating in the race. It is anticipated that at least 10 spectator
vessels will be present during the races.
A safety zone is necessary to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the event.
C. Discussion of the Final Rule
The safety zone encompasses certain waters of the Atlantic Ocean
located south of Key West, Florida. The safety zone will be enforced
from 7 a.m. until 10 a.m. on January 25, 2014. The safety zone consists
of the following area: A race area, where all persons and vessels,
except those persons and vessels participating in the event, are
prohibited from entering, transiting, anchoring, or remaining. Persons
and vessels may request authorization to enter, transit through, anchor
in, or remain within the race area by contacting the Captain of the
Port Key West by telephone at 305-292-8727, 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 Key West or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Key West or a designated
representative. 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. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 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 safety zone will only be enforced for three
hours; (2) vessel traffic in the area is expected to be
[[Page 3503]]
minimal during the enforcement period; (3) although persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the safety zone without authorization from the Captain of the Port Key
West or a designated representative, they may operate in the
surrounding area during the enforcement period; (4) persons and vessels
may still enter, transit through, anchor in, or remain within the
safety zone if authorized by the Captain of the Port Key West or a
designated representative; and (5) the Coast Guard will provide advance
notification of the safety zone 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 entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the safety zone from 7:00 a.m. until
10:00 a.m. on January 25, 2014. 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 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, 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 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 is categorically excluded, under Figure 2-1, paragraph (34)(g), of
the Commandant Instruction. This rule involves establishing a temporary
safety zone that will be enforced for a total of three hours. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 3504]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 33
CFR 1.05-1, 6.04-1, 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0905 to read as follows:
Sec. 165.T07-0905 Safety Zone; Bone Island Triathlon, Atlantic Ocean,
Key West, FL.
(a) Regulated Area. All waters of the Atlantic Ocean located south
of Key West encompassed within the following points: starting at Point
1 in position 24[deg]32'49'' N, 81[deg]47'19'' W; thence south to Point
2 in position 24[deg]32'33'' N, 81[deg]47'09'' W; thence northeast to
Point 3 in position 24[deg]33'00'' N, 81[deg]45'44'' W; thence north to
Point 4 in position 24[deg]33'08'' N, 81[deg]45'44'' W; thence
southwest following the shoreline back to origin. All persons and
vessels, except those persons and vessels participating in the event,
are prohibited from entering, transiting through, anchoring in, or
remaining within the race area. All coordinates are North American
Datum.
(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 Key West in the enforcement of the regulated area.
(c) Regulations. (1) All 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 Key West or
a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Key West by telephone at (305) 292-8727, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West 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) Effective Date. This rule is effective on January 25, 2014.
This rule will be enforced from 7 a.m. until 10 a.m. on January 25,
2014.
Dated: January 9, 2014.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-01207 Filed 1-21-14; 8:45 am]
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