Safety Zone; 2013 Annual Islamorada Swim for Alligator Lighthouse, Atlantic Ocean; Islamorada, FL, 57480-57482 [2013-22759]
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57480
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0663]
RIN 1625–AA00
Safety Zone; 2013 Annual Islamorada
Swim for Alligator Lighthouse, Atlantic
Ocean; Islamorada, 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
Islamorada, Florida, during the 2013
Annual Islamorada Swim for Alligator
Lighthouse on September 21, 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 will be enforced from
8 a.m. until 2 p.m. on September 21,
2013.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2013–0663]. 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 Ian G. Bowes,
Sector Key West Prevention
Department, Coast Guard; telephone
(305) 292–8809 ext. 5, email
Ian.G.Bowes@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with RULES
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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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 with
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; Pub. L. 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 September 21, 2013, Friends of the
Pool, Inc. is hosting the 1st Annual
Islamorada Swim for Alligator
Lighthouse. The event will be held on
the waters of the Atlantic Ocean located
in Islamorada, Florida. Approximately
300 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 in
Islamorada, Florida. The safety zone
will be enforced from 8 a.m. until 2 p.m.
on September 21, 2013. All persons and
vessels, except those persons and
PO 00000
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Sfmt 4700
vessels participating in the event, are
prohibited from entering, transiting,
anchoring, or remaining within the
safety zone. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
safety zone 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 these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will only be
enforced for six 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
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
2. Impact on 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.
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 8 a.m. until 2 p.m. on September
21, 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.
sroberts on DSK5SPTVN1PROD with RULES
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
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16:29 Sep 18, 2013
Jkt 229001
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.
57481
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under Figure 2–1, paragraph
(34)(g), of the Commandant Instruction.
This rule involves establishing a
temporary safety zone that will be
enforced for a total of six hours. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
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.
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:
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
PO 00000
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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.
2. Add a temporary § 165.T07–0956 to
read as follows:
■
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57482
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
§ 165.T07–0956 Safety Zone; Annual
Islamorada Swim for Alligator Lighthouse,
Atlantic Ocean, Islamorada, FL.
(a) Regulated Area. The following
regulated area is a moving safety zone:
all waters extending 100 yards to either
side of the race participants and safety
vessels; extending 50 yards in front of
the lead safety vessel preceding the first
race participants; and extending 50
yards behind the safety vessel trailing
the last race participants. The swimmers
will begin at the beach at The Moorings
Village Resort in approximate position
24°54′49″ N, 80°38′02″ W, and will
move South approximately four miles to
and around Alligator Reef Lighthouse in
approximate position 24°51′05″ N,
80°37′07″ W, and 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 Key West in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Key West or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Key West
by telephone at (305) 292–8727, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Key West or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Key West or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule will be
enforced from 8 a.m. until 2 p.m. on
September 21, 2013.
Dated: September 5, 2013.
J.W. Reed,
Commander, U.S. Coast Guard, Alternate
Captain of the Port Key West.
[FR Doc. 2013–22759 Filed 9–18–13; 8:45 am]
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
a safety zone in the Captain of the Port
New York Zone on the specified date
and time. This action is necessary to
ensure the safety of vessels and
spectators from hazards associated with
fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zone without
permission from the Captain of the Port
(COTP).
SUMMARY:
The regulation for the safety
zone described in 33 CFR 165.160 will
be enforced on the date and time listed
in the table below.
DATES:
If
you have questions on this notice, call
or email Lieutenant Junior Grade
Kimberly Beisner, Coast Guard;
telephone 718–354–4163, email
Kimberly.A.Beisner@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–04–P
The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.160 on the specified date
and time as indicated in Table 1 below.
This regulation was published in the
Federal Register on November 9, 2011
(76 FR 69614).
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0800]
Safety Zone; Fireworks Event in
Captain of the Port New York Zone
AGENCY:
Coast Guard, DHS.
TABLE 1
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1. Association of Indians in
America Fireworks, Seaport, East River Safety
Zone
33 CFR 165.160(4.4)
• Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan.
• Date: October 6, 2013.
• Rain Date: October 7, 2013.
• Time: 6:45 p.m.–8:10 p.m.
Under the provisions of 33 CFR
165.160, a vessel may not enter the
regulated area unless given express
permission from the COTP or the
designated representative. Spectator
vessels may transit outside the regulated
area but may not anchor, block, loiter in,
or impede the transit of other vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C. 552
(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
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the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area.
DEPARTMENT OF HOMELAND
SECURITY
Dated: September 4, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
RIN 1625–AA00
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0741]
[FR Doc. 2013–22757 Filed 9–18–13; 8:45 am]
Safety Zone; America’s Cup Aerobatic
Box, San Francisco Bay, San
Francisco, CA
BILLING CODE 9110–04–P
AGENCY:
PO 00000
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing safety zones in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57480-57482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22759]
[[Page 57480]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0663]
RIN 1625-AA00
Safety Zone; 2013 Annual Islamorada Swim for Alligator
Lighthouse, Atlantic Ocean; Islamorada, 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 Islamorada, Florida, during the 2013
Annual Islamorada Swim for Alligator Lighthouse on September 21, 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 will be enforced from 8 a.m. until 2 p.m. on September
21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0663]. 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 Ian G. Bowes, Sector Key West Prevention Department, Coast Guard;
telephone (305) 292-8809 ext. 5, email Ian.G.Bowes@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 with 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; Pub. L. 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 September 21, 2013, Friends of the Pool, Inc. is hosting the 1st
Annual Islamorada Swim for Alligator Lighthouse. The event will be held
on the waters of the Atlantic Ocean located in Islamorada, Florida.
Approximately 300 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 in Islamorada, Florida. The safety zone will be enforced from 8
a.m. until 2 p.m. on September 21, 2013. All persons and vessels,
except those persons and vessels participating in the event, are
prohibited from entering, transiting, anchoring, or remaining within
the safety zone. Persons and vessels may request authorization to
enter, transit through, anchor in, or remain within the safety zone 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 these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for six
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
[[Page 57481]]
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 8 a.m. until 2
p.m. on September 21, 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 environment. This
rule is categorically excluded, under Figure 2-1, paragraph (34)(g), of
the Commandant Instruction. This rule involves establishing a temporary
safety zone that will be enforced for a total of six 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:
[[Page 57482]]
Sec. 165.T07-0956 Safety Zone; Annual Islamorada Swim for Alligator
Lighthouse, Atlantic Ocean, Islamorada, FL.
(a) Regulated Area. The following regulated area is a moving safety
zone: all waters extending 100 yards to either side of the race
participants and safety vessels; extending 50 yards in front of the
lead safety vessel preceding the first race participants; and extending
50 yards behind the safety vessel trailing the last race participants.
The swimmers will begin at the beach at The Moorings Village Resort in
approximate position 24[deg]54'49'' N, 80[deg]38'02'' W, and will move
South approximately four miles to and around Alligator Reef Lighthouse
in approximate position 24[deg]51'05'' N, 80[deg]37'07'' W, and 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 Key West in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Key West or
a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Key West by telephone at (305) 292-8727, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule will be enforced from 8 a.m. until 2
p.m. on September 21, 2013.
Dated: September 5, 2013.
J.W. Reed,
Commander, U.S. Coast Guard, Alternate Captain of the Port Key West.
[FR Doc. 2013-22759 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-04-P
