Safety Zone; Bone Island Triathlon, Atlantic Ocean; Key West, FL, 75853-75855 [2012-30913]
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
(3) Persons or vessels may request an
exception from any requirement
prescribed under paragraph (c)(1) of this
section from the cognizant COTP or
their designated representative who may
be a commissioned, warrant, or petty
officer of the Coast Guard or a military
or civilian member of the U.S. Army
Corps of Engineers. The COTP Ohio
Valley may be contacted by telephone at
1–800–253–7465. The COTP Upper
Mississippi River may be contacted by
telephone at 314–269–2332. Both may
also be contacted on VHF–FM channel
16.
(d) Enforcement. The COTP Ohio
Valley and COTP Upper Mississippi
River will notify the public of the
specific requirements prescribed under
paragraph (c)(1) of this section and of
the times when those requirements will
be enforced or when enforcement will
be suspended, using means designed to
ensure maximum effectual notice
including, but not limited to, broadcast
notices to mariners (BNM) and
communications through the River
Industry Action Committee.
Dated: December 14, 2012.
R.A. Nash,
Rear Admiral, U.S. Coast Guard Eighth
District Commander.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2012–30983 Filed 12–21–12; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0956]
RIN 1625–AA00
Safety Zone; Bone Island Triathlon,
Atlantic Ocean; Key West, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 12, 2013.
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 is effective from 7:00
a.m. until 12:00 p.m. on January 12,
2013.
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SUMMARY:
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Documents mentioned in
this preamble are part of docket [USCG–
2012–0956]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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, 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 William G.
Winegar, Sector Key West Prevention
Department, Coast Guard; telephone
(305) 292–8809, email
William.G.Winegar@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive necessary
information about the event until
November 27, 2012. As a result, the
Coast Guard did not have sufficient time
to publish an NPRM and to receive
public comments prior to the event. Any
delay in the effective date of this rule
would be contrary to the public interest
because immediate action is needed to
minimize potential danger to the race
participants, participant vessels,
spectators, and the general public.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3) the Coast
Guard finds that good cause exists for
making this rule effective less than 30
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75853
days after publication in the Federal
Register.
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; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to protect
race participants, participant vessels,
spectators, and the general public from
the hazards associated with the event.
C. Discussion of the Final Rule
On January 12, 2013, 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 1000 swimmers will be
participating in the race. It is
anticipated that at least 10 spectator
vessels will be present during the races.
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
12 p.m. on January 12, 2013. All persons
and vessels, except those participating
in the event, are prohibited from
entering, transiting, anchoring, or
remaining in the safety zone area.
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
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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 five hours; (2) vessel traffic
in the area is expected to be 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.
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.
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 12:00 p.m. on
January 12, 2013. 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.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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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).
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
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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
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
environment. This rule is categorically
excluded, under Figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone that will be enforced for a total of
five 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.
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
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; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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 representatives.
(d) Effective Date. This rule is
effective from 7:00 a.m. until 12:00 p.m.
on January 12, 2013.
Dated: December 6, 2012.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2012–30913 Filed 12–21–12; 8:45 am]
BILLING CODE 9110–04–P
2. Add a temporary § 165.T07–0956 to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T07–0956 Safety Zone; Bone Island
Triathlon, Atlantic Ocean, Key West, FL.
tkelley on DSK3SPTVN1PROD with
■
40 CFR Part 180
(a) Regulated Area. All waters of the
Atlantic Ocean located south of Key
West encompassed within a line
connecting the following points are
designated a safety zone: Starting at
Point 1 in position 24°32′49″ N,
81°47′21″ W; thence south to Point 2 in
position 24°32′33″ N, 81°47′05″ W;
thence northeast to Point 3 in position
24°32′56″ N, 81°45′40″ W; thence north
to Point 4 in position 24°33′09″ N,
81°45′40″ W; thence southwest
following the shoreline back to origin.
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, except those participating in the
event, 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
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[EPA–HQ–OPP–2012–0900; FRL–9373–2]
Spirotetramat; Pesticide Tolerance for
Emergency Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
time-limited tolerance for residues of
spirotetramat in or on watercress. This
action is in response to EPA’s granting
of an emergency exemption under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of the pesticide on watercress. This
regulation establishes a maximum
permissible level for residues of
spirotetramat in or on watercress. The
time-limited tolerance expires on
December 31, 2015.
DATES: This regulation is effective
December 26, 2012. Objections and
requests for hearings must be received
on or before February 25, 2013, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0900, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
SUMMARY:
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75855
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Keri
Grinstead, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8373; email address:
grinstead.keri@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://ecfr.
gpoaccess.gov/cgi/t/text/text-idx?&c=
ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
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]]>Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75853-75855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30913]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0956]
RIN 1625-AA00
Safety Zone; Bone Island Triathlon, Atlantic Ocean; Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 12, 2013. 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 is effective from 7:00 a.m. until 12:00 p.m. on
January 12, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0956]. To view documents mentioned in this preamble as being
available in the docket, go to https://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, 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 William G. Winegar, Sector Key West Prevention Department, Coast
Guard; telephone (305) 292-8809, email William.G.Winegar@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
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the event until November 27, 2012. As a
result, the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the event. Any delay in the
effective date of this rule would be contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.
For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
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; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the event.
C. Discussion of the Final Rule
On January 12, 2013, 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 1000 swimmers
will be participating in the race. It is anticipated that at least 10
spectator vessels will be present during the races.
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 12 p.m. on January 12, 2013. All persons and vessels,
except those participating in the event, are prohibited from entering,
transiting, anchoring, or remaining in the safety zone area.
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
[[Page 75854]]
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 five
hours; (2) vessel traffic in the area is expected to be 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
12:00 p.m. on January 12, 2013. 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 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
[[Page 75855]]
environment. This rule is categorically excluded, under Figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves establishing
a temporary safety zone that will be enforced for a total of five
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.
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;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0956 to read as follows:
Sec. 165.T07-0956 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 a line connecting the following points
are designated a safety zone: Starting at Point 1 in position
24[deg]32'49'' N, 81[deg]47'21'' W; thence south to Point 2 in position
24[deg]32'33'' N, 81[deg]47'05'' W; thence northeast to Point 3 in
position 24[deg]32'56'' N, 81[deg]45'40'' W; thence north to Point 4 in
position 24[deg]33'09'' N, 81[deg]45'40'' W; thence southwest following
the shoreline back to origin. 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, except those
participating in the event, 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
representatives.
(d) Effective Date. This rule is effective from 7:00 a.m. until
12:00 p.m. on January 12, 2013.
Dated: December 6, 2012.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2012-30913 Filed 12-21-12; 8:45 am]
BILLING CODE 9110-04-P
