Special Local Regulations; 2012 Ironman 70.3 Miami, Biscayne Bay; Miami, FL, 44522-44525 [2012-18455]
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
commercial service airport sponsor’s
inability to comply with the law and/or
the minimum compliance standards as
a militating factor in its review of
requests for discretionary funding.
6. Commercial service airports that
fail to submit an access plan. The FAA
expects commercial service airport
sponsors with existing residential
through-the-fence access to develop an
access plan which addresses the law,
preserves their proprietary rights and
powers, and mitigates the inherent
challenges posed by this practice.
Beginning in Fiscal Year 2014, a
sponsor’s failure to comply with the
Policy may jeopardize its ability to
compete for AIP grant funding.
B. Requests To Extend Residential
Through-the-Fence Access at Airports
Covered by This Proposed Final Policy
As of the date of the enactment of
Public Law 112–95 (February 14, 2012),
a sponsor of a commercial service
airport proposing to extend an access
agreement must submit a current airport
master plan and a revised residential
through-the-fence access plan as
detailed below. The ADO or regional
division will forward its
recommendations regarding each
request to extend access to the Manager
of Airport Compliance. Only the
Manager of Airport Compliance may
approve a sponsor’s request to extend
access. In reviewing the proposal, the
Manager of Airport Compliance may
consult with the TSA.
1. Master Plan. A sponsor of a
commercial service airport wishing to
extend an existing residential throughthe-fence access agreement must submit
a recent airport master plan to the ADO
or regional division. The FAA considers
a master plan to be recent if it was
developed or updated within the past
five years. The master plan should
explain how the sponsor plans to
address future growth, development,
and use of the airport property over the
next 20 years; sponsors should work
with ADO or regional division staff to
develop an appropriate scope of work
for these master plans.
2. Residential through-the-fence
access plan. The sponsor is responsible
for revising its access plan, as discussed
under section IV.A.2 of this proposed
final Policy, to reflect how it will meet
the standards for compliance for the
extended access. Once the FAA has
accepted the revised access plan, the
FAA will condition future AIP grants
upon its ongoing implementation.
3. Continuing obligations. Once the
revised access plan is accepted by the
FAA, and if required, the revised ALP,
is approved by the FAA, the sponsor
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must continue to comply with
obligations described in section IV.A of
this proposed final Policy.
AGENCY:
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
general public on the navigable waters
of the United States during the event.
The special local regulation would
establish an area that will encompass
the event area. 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: Comments and related material
must be received by the Coast Guard on
or before August 29, 2012. Requests for
public meetings must be received by the
Coast Guard on or before August 20,
2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0559 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
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) 535–4317, email
Mike.H.Wu@uscg.mil. 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:
ACTION:
Table of Acronyms
V. Eligibility for AIP Grants
A. General. Beginning in Fiscal Year
2014, a sponsor of a commercial service
airport with existing residential
through-the-fence access will be
required to submit their residential
through-the-fence access plan prior to
notifying the FAA of its intent to apply
for an AIP grant. The sponsor will not
lose eligibility for entitlement grants on
the basis of the through-the-fence
access, but the FAA will consider the
potential constraints on the utility of the
airport to be a significant factor in future
AIP funding decisions.
B. Public infrastructure and facilities
with substantial benefit to private
through-the-fence users. The FAA may
be unable to justify the federal
investment in a proposed project when
private residential developments with
through-the-fence access will receive
substantial value from that federally
assisted airport infrastructure and/or
facility.
C. Exclusive or primary private
benefit. On-airport infrastructure and
facilities used exclusively or primarily
for accommodation of through-the-fence
users are considered private-use and are
ineligible for AIP grants.
Issued in Washington, DC, on July 18,
2012.
Randall S. Fiertz,
Director, Airport Compliance and
Management Analysis.
[FR Doc. 2012–18058 Filed 7–27–12; 8:45 am]
BILLING CODE 4910–13–P
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
Coast Guard, DHS.
Notice of Proposed Rulemaking.
The Coast Guard proposes to
establish 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 2500
SUMMARY:
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–0559 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2; by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
srobinson on DSK4SPTVN1PROD with PROPOSALS
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2012–0559 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.,
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Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic
form of 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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before June 25, 2012 using
one of the methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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 Ironman 70.3 Miami.
C. Discussion of Proposed Rule
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 2500 participants are
anticipated to participate in the event.
No spectator vessels are expected during
the event.
The proposed rule would establish a
special local regulation that will
encompass certain waters of the
Intracoastal Waterway and Biscayne
Bay, Miami, Florida. The special local
regulation will be enforced 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 persons
and vessels, except those persons and
vessels participating in the event, 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
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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 proposed 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 proposed 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 proposed
rule is not significant for the following
reasons: (1) The special local regulation
will be enforced for only three hours; (2)
although 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) 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
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of 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
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules
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 Intracoastal Waterway
and Biscayne Bay encompassed within
the special local regulations 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.
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 proposed 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
proposed rule or any policy or action of
the Coast Guard.
srobinson on DSK4SPTVN1PROD with PROPOSALS
4. Collection of Information
This proposed 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 proposed 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
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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
proposed 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 proposed 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 proposed 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 proposed 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
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 preliminary 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 proposed
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 34(h) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed 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:
This proposed 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.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
12. Energy Effects
(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
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0559
to read as follows:
§ 100.35T07–0559 Special Local
Regulation; Ironman 70.3 Miami, Biscayne
Bay; Miami, FL.
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules
Dated: June 20, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2012–18455 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[Docket No. USCG–2012–0470]
srobinson on DSK4SPTVN1PROD with PROPOSALS
RIN 1625–AA09
Drawbridge Operation Regulation;
Apalachicola River, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
modify the operating schedules for two
bridges that cross the Apalachicola
River in Florida. First, the CSX Railroad
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rulemaking (USCG–2012–0470),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2012–0470’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0470’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
SUMMARY:
requested to modify the operating
schedule of their swing bridge at mile
105.9, at River Junction to require eight
hours advanced notice at all times.
Second, the Apalachicola and Northern
Railroad (ANRR) requested to maintain
the swing bridge at mile 4.5 (GIWW
mile 347.0 East of Harvey Lock (EHL)),
at Apalachicola, untended and in the
open-to-navigation position at all times.
DATES: Comments and related material
must reach the Coast Guard on or before
September 28, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0470 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email David Frank, Bridge
Administration Branch; telephone 504–
671–2128, email
David.M.Frank@uscg.mil. 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
at Point 1 in position 25°46′44″ N,
080°10′59″ W; thence southeast to Point
2 in position 25°46′24″ N, 080°10′44″ W;
thence southwest to Point 3 in position
25°46′18″ N, 080°11′05″ W; thence north
to Point 4 in position 25°46′33″ N,
080°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) 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.
(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 6:45 a.m. until
9:45 a.m. on October 28, 2012.
ACTION:
44525
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
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2. Viewing Comments and Documents
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]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Proposed Rules]
[Pages 44522-44525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18455]
=======================================================================
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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: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 2500 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 general public on the
navigable waters of the United States during the event. The special
local regulation would establish an area that will encompass the event
area. 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: Comments and related material must be received by the Coast
Guard on or before August 29, 2012. Requests for public meetings must
be received by the Coast Guard on or before August 20, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0559 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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) 535-4317, email
Mike.H.Wu@uscg.mil. 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
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comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2012-0559 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\; by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2012-0559 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.
3. Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 25, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
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 Ironman 70.3 Miami.
C. Discussion of Proposed Rule
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 2500 participants
are anticipated to participate in the event. No spectator vessels are
expected during the event.
The proposed rule would establish a special local regulation that
will encompass certain waters of the Intracoastal Waterway and Biscayne
Bay, Miami, Florida. The special local regulation will be enforced 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 persons and vessels,
except those persons and vessels participating in the event, 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 regulations by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed 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 proposed 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 proposed rule is not significant for
the following reasons: (1) The special local regulation will be
enforced for only three hours; (2) although 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) 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
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
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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 Intracoastal Waterway and Biscayne Bay
encompassed within the special local regulations 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.
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 proposed 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 proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 preliminary 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 proposed 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 34(h) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
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
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
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
[[Page 44525]]
at Point 1 in position 25[deg]46[min]44[sec] N, 080[deg]10[min]59[sec]
W; thence southeast to Point 2 in position 25[deg]46[min]24[sec] N,
080[deg]10[min]44[sec] W; thence southwest to Point 3 in position
25[deg]46[min]18[sec] N, 080[deg]11[min]05[sec] W; thence north to
Point 4 in position 25[deg]46[min]33[sec] N, 080[deg]11[min]05[sec] 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) 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.
(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 6:45 a.m.
until 9:45 a.m. on October 28, 2012.
Dated: June 20, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-18455 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P
