Special Local Regulations; 2012 Ironman 70.3 Miami, Biscayne Bay; Miami, FL, 63720-63722 [2012-25570]
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
NMFS is correcting a final
rule that published on September 26,
2012, modifying equipment and
operational requirements for freezer
longliners (catcher/processors) named
on License Limitation Program (LLP)
licenses endorsed to catch and process
Pacific cod at sea with hook-and-line
gear in the Bering Sea and Aleutian
Islands Management Area (BSAI). This
final rule removes Western Alaska
Community Development Quota (CDQ)
collection-of-information requirements
under OMB control number 0648–0269
for the alternative fishing plan and its
public reporting burden per response of
4 hours, because the alternative fishing
plan regulations are no longer
necessary.
DATES: Effective October 17, 2012, and
is applicable beginning October 26,
2012.
FOR FURTHER INFORMATION CONTACT:
Patsy A. Bearden, 907–586–7008.
SUPPLEMENTARY INFORMATION:
erowe on DSK2VPTVN1PROD with
SUMMARY:
Need for Correction
In the final rule modifying equipment
and operational requirements for freezer
longliners published September 26,
2012, NMFS inadvertently omitted a
paragraph in the classification section
that addresses OMB Control Number
0648–0269 collection-of-information
requirements associated with
regulations removed by the final rule.
The final rule removed the regulations
at § 679.32(e)(3) that allow CDQ groups
to propose to NMFS an alternative
fishing plan to use only one observer
where two are required, to sort and
weigh catch by species on processor
vessels, or to use larger sample sizes
than those that can be collected by one
observer. The final rule standardized the
observer coverage and catch monitoring
options for longline catcher/processors
in both the CDQ and non-CDQ fisheries
because the monitoring and
enforcement challenges in these
fisheries are similar. Because the final
rule standardized observer coverage
requirements between the CDQ and
non-CDQ fisheries, the alternative
fishing plan regulations were no longer
necessary. All of the language in the
regulatory text and preamble text was
correct. However, the notice of the
removal of the collection-of-information
requirements under the Office of
Management and Budget control
number 0648–0269 was inadvertently
omitted from the final rule. This notice
corrects that omission.
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
Correction
In rule document 2012–23721
published on September 26, 2012, (77
FR 59053) make the following
correction:
1. On page 59059, in column 1, after
heading OMB Control No. 0648–0213
and following the paragraph, insert the
following heading and text:
‘‘OMB Control No. 0648–0269
This final rule removes collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA) and
which have been approved by the Office
of Management and Budget (OMB)
under Control Number 0648–0269. The
collection-of-information requirement,
‘‘alternative fishing plan’’ and its public
reporting burden per response of 4
hours, will be removed from the
collection because the alternative
fishing plan regulations are no longer
necessary.’’
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.
33 CFR Part 100
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 https://
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:
[Docket No. USCG–2012–0559]
Table of Acronyms
RIN 1625–AA08
Special Local Regulations; 2012
Ironman 70.3 Miami, Biscayne Bay;
Miami, FL
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; 44 U.S.C.
3501 et seq.
Dated: October 11, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–25567 Filed 10–16–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
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
SUMMARY:
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DATES:
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.
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
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.
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) nonparticipant 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.
1. Regulatory Planning and Review
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.
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
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
D. Regulatory Analyses
erowe on DSK2VPTVN1PROD with
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.
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63721
listed in the FOR FURTHER INFORMATION
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.
CONTACT,
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
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17OCR1
63722
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
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
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.
erowe on DSK2VPTVN1PROD with
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
15:01 Oct 16, 2012
Jkt 229001
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
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]
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.
VerDate Mar<15>2010
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.
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.
(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°46′44″ N,
080°11′00″ 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) 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
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0721]
RIN 1625–AA08
Special Local Regulations; Palm Beach
World Championship, Atlantic Ocean;
Jupiter, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Atlantic Ocean,
between East Indiantown Road and
Donald Ross Road, just offshore of
Jupiter, Florida during the Palm Beach
World Championship, a high speed
power boat race. The Palm Beach World
Championship is scheduled to take
place on Friday, October 19, and
Sunday, October 21, 2012. The high
speed power boat race event will
include approximately 50 high speed
power boat participants and 250
spectator vessels. The special local
regulation is necessary to provide safety
for the participants, spectators, and
general public in and near the race area
during the event. The special local
regulation will encompass the following
two areas: a race area, where all persons
and vessels, except those persons and
vessels participating in or assisting the
high speed boat races, are prohibited
from entering, transiting through,
anchoring in, or remaining within; and
SUMMARY:
E:\FR\FM\17OCR1.SGM
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]]>Agencies
[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.
-----------------------------------------------------------------------
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 https://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]
BILLING CODE 9110-04-P
