Safety Zone; Ironman 70.3 Miami; Miami, FL, 63919-63921 [2015-26832]
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Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations
operating schedule to perform operating
machinery installation.
Under this temporary deviation, the
Metropolitan Ave. Bridge may remain in
the closed position from 6 a.m. on
November 2, 2015 through 5 p.m. on
November 5, 2015.
Vessels able to pass through the
bridge in the closed positions may do so
at any time. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessel to
pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notice to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 8, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–26957 Filed 10–21–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0967]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Hawthorne
Bridge, mile 13.1, across the Willamette
River at Portland, OR. The deviation is
necessary for maintenance repairs to the
bridge lifting mechanism. This
deviation allows the bridges to remain
in the closed-to-navigation position to
allow safe and timely movement of
workers.
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
This deviation is effective from
5 a.m. to 5 p.m. on November 15, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0967] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
DATES:
VerDate Sep<11>2014
16:39 Oct 21, 2015
Jkt 238001
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email the Bridge
Administrator, Coast Guard Thirteenth
District; telephone 206–220–7234 email
d13-pf-d13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
Multnomah County has requested that
the Hawthorne Bridge, mile 13.1, across
the Willamette River at Portland,
Oregon remain in the closed-tonavigation position from 5 a.m. until 5
p.m. on November 15, 2015 to allow for
critical maintenance repairs to the
bridge lifting mechanism.
The Hawthorne Bridge is a vertical lift
bridge providing 49 feet of vertical
clearance in the closed-to-navigation
position, and unlimited clearance in the
open position referenced to the vertical
clearance above Columbia River Datum
0.0. The Hawthorne Bridge operates in
accordance with 33 CFR 117.897, which
allows the bridge to remain closed
between 7 a.m. and 9 a.m. and 4 p.m.
and 6 p.m. Monday through Friday. No
advance notice for an opening is
required.
Moderate to heavy vessel traffic exists
on this part of the Willamette River,
including vessels ranging from
commercial tug and barge to small
pleasure craft. The average number of
drawbridge openings for the time
covered by this deviation is three lifts.
This deviation allows the lift span of the
Hawthorne Bridge across the Willamette
River, mile 13.1, to remain in the
closed-to-navigation position, and need
not open for maritime traffic from 5 a.m.
until 5 p.m. on November 15, 2015. The
bridge shall operate in accordance to 33
CFR 117.897 at all other times.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will not be able to immediately
open for emergencies, and there is no
immediate alternate route for vessels to
pass. However, with a two hour
notification for an emergency opening
request, the lift mechanism may be
reassembled for the lift span to be
opened. Major waterway users have
been notified and coordinated with for
this deviation period. The Coast Guard
will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridges so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
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63919
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 16, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–26819 Filed 10–21–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0483]
RIN 1625–AA00
Safety Zone; Ironman 70.3 Miami;
Miami, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the waters
of Biscayne Bay, east of Bayfront Park,
in Miami, Florida during the 2015
Ironman 70.3 Miami, a triathlon. The
Ironman 70.3 Miami is scheduled to
take place on October 25, 2015.
Approximately 2,500 participants are
anticipated to participate in the swim
portion of the event. No spectators are
expected to be present during the event.
The safety zone is necessary to ensure
the safety of participants, vessels, and
the general public during the event.
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 Miami or a
designated representative.
DATES: This rule is effective and will be
enforced from 6 a.m. to 11 a.m. on
October 25, 2015.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0483 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Benjamin Colbert,
Waterways Management Division, U.S.
Coast Guard; telephone 305–535–4317,
email Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
E:\FR\FM\22OCR1.SGM
Code of Federal Regulations
22OCR1
63920
Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On May 27, 2015, the Miami Tri
Events, LLC notified the Coast Guard
that from 6:30 a.m. to 10 a.m., on
October 25, 2015, it will organize a
triathlon with a swim portion in
Biscayne Bay east of Bayfront Park. In
response, on August 14, 2015, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Mack Ironman 70.3, Biscayne Bay;
Miami, FL (80 FR 48784). There, we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this swim
event. During the comment period that
ended September 28, 2015, we received
no comments.
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. There was insufficient time
between the close of the comment
period and the event date to publish
with 30 days or more before the
effective date. In order to ensure the
safety of the public during this event,
the Coast Guard finds it necessary to
establish this safety zone during the
Ironman 70.3 swim event. Delay in
publishing this rule would be
impracticable, as the event will take
place in less than 30 days. In addition
to being impracticable, delay in
publishing this rule would be contrary
to public interest. This rule is required
in order to ensure the safety of event
participants as they swim across a busy
waterway.
asabaliauskas on DSK5VPTVN1PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation No.
0170.1. The Captain of the Port Miami
(COTP) has determined that potential
hazards associated with this swim event
warrant a temporary safety zone. This
zone will ensure necessary precautions
are in place to mitigate dangers to
human life.
IV. Discussion of Comments and the
Rule
As noted above, we received no
comments on the NPRM published on
August 14, 2015. The regulatory text of
VerDate Sep<11>2014
16:39 Oct 21, 2015
Jkt 238001
this rule is unchanged from the rule
proposed in the NPRM.
This rule will establish a safety zone
that will encompass certain waters of
Biscayne Bay, Miami, Florida. The
safety zone will be enforced from 6 a.m.
until 11 a.m. on October 25, 2015. The
safety zone will establish an area around
the swim portion of the event where
non-participant persons and vessels are
prohibited from entering, transiting,
anchoring, or remaining within. Nonparticipant persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
event 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 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 safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
only five hours; (2) although nonparticipant persons and vessels will not
be able to enter, transit through, anchor
in, or remain within the event area
without authorization from the Captain
of the Port Miami or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) non-participant
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
persons and vessels may still enter,
transit through, anchor in, or remain
within the event area during the
enforcement period if authorized by the
Captain of the Port Miami or a
designated representative; and (4) the
Coast Guard will provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 rulemaking. 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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.
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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 have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
asabaliauskas on DSK5VPTVN1PROD with RULES
E. 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.
F. 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(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less than 5 hours. It is
categorically excluded from further
VerDate Sep<11>2014
16:39 Oct 21, 2015
Jkt 238001
review under paragraph 34(g) 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.
G. 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.
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
63921
(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 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 safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners and on-scene designated
representatives.
(d) Enforcement period. This rule will
be enforced on October 25, 2015 from 6
a.m. until 11:00 a.m.
Dated: October 16, 2015.
M.C. Long,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2015–26832 Filed 10–21–15; 8:45 am]
■
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Add a temporary § 165.T07–0483 to
read as follows:
■
Coast Guard
33 CFR Part 165
§ 165.T07–0483 Safety Zone; Ironman 70.3
Miami, Biscayne Bay; Miami, FL.
[Docket Number USCG–2015–0906]
(a) Regulated area. The following
regulated area is a safety zone. All
waters of Biscayne Bay located east of
Bayfront Park and encompassed within
the following points: Starting at Point 1
in position 25°46′44″ N., 080°10′59″ W.;
thence southeast to Point 2 in position
25°46′24″ N., 080°10′44″ W.; thence
southwest to Point 3 in position
25°46′18″ N., 080°11′05″ W.; thence
north to Point 4 in position 25°46′33″
N., 080°11′05″ W.; thence northeast back
to origin. All coordinates are North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
RIN 1625–AA00
PO 00000
Frm 00033
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Safety Zone; Pago Pago Harbor,
American Samoa
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone during the
2015 Fautasi Ocean Challenge in Pago
Pago Harbor, American Samoa. This
action is necessary to safeguard the
participants and spectators, including
all crews, vessels, and persons on the
water in Pago Pago Harbor during the
Fautasi Race. This regulation will
functionally close the port to
commercial vessel traffic during the
start and finish of the race, but will not
require the evacuation of any vessels
from harbor. Entry into, transiting, or
anchoring in the harbor is prohibited to
all vessels not registered with the
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63919-63921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26832]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0483]
RIN 1625-AA00
Safety Zone; Ironman 70.3 Miami; Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the waters of
Biscayne Bay, east of Bayfront Park, in Miami, Florida during the 2015
Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is scheduled to
take place on October 25, 2015. Approximately 2,500 participants are
anticipated to participate in the swim portion of the event. No
spectators are expected to be present during the event. The safety zone
is necessary to ensure the safety of participants, vessels, and the
general public during the event. 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 Miami or a designated
representative.
DATES: This rule is effective and will be enforced from 6 a.m. to 11
a.m. on October 25, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0483 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Benjamin Colbert, Waterways Management
Division, U.S. Coast Guard; telephone 305-535-4317, email
Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 63920]]
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 27, 2015, the Miami Tri Events, LLC notified the Coast Guard
that from 6:30 a.m. to 10 a.m., on October 25, 2015, it will organize a
triathlon with a swim portion in Biscayne Bay east of Bayfront Park. In
response, on August 14, 2015, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Mack Ironman 70.3,
Biscayne Bay; Miami, FL (80 FR 48784). There, we stated why we issued
the NPRM and invited comments on our proposed regulatory action related
to this swim event. During the comment period that ended September 28,
2015, we received no comments.
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. There was insufficient time
between the close of the comment period and the event date to publish
with 30 days or more before the effective date. In order to ensure the
safety of the public during this event, the Coast Guard finds it
necessary to establish this safety zone during the Ironman 70.3 swim
event. Delay in publishing this rule would be impracticable, as the
event will take place in less than 30 days. In addition to being
impracticable, delay in publishing this rule would be contrary to
public interest. This rule is required in order to ensure the safety of
event participants as they swim across a busy waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1. The Captain of
the Port Miami (COTP) has determined that potential hazards associated
with this swim event warrant a temporary safety zone. This zone will
ensure necessary precautions are in place to mitigate dangers to human
life.
IV. Discussion of Comments and the Rule
As noted above, we received no comments on the NPRM published on
August 14, 2015. The regulatory text of this rule is unchanged from the
rule proposed in the NPRM.
This rule will establish a safety zone that will encompass certain
waters of Biscayne Bay, Miami, Florida. The safety zone will be
enforced from 6 a.m. until 11 a.m. on October 25, 2015. The safety zone
will establish an area around the swim portion of the event where non-
participant persons and vessels are prohibited from entering,
transiting, anchoring, or remaining within. Non-participant persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the event 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 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 safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only five
hours; (2) although non-participant persons and vessels will not be
able to enter, transit through, anchor in, or remain within the event
area without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) non-participant persons and vessels
may still enter, transit through, anchor in, or remain within the event
area during the enforcement period if authorized by the Captain of the
Port Miami or a designated representative; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
[[Page 63921]]
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting less than 5 hours. It is
categorically excluded from further review under paragraph 34(g) 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.
G. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0483 to read as follows:
Sec. 165.T07-0483 Safety Zone; Ironman 70.3 Miami, Biscayne Bay;
Miami, FL.
(a) Regulated area. The following regulated area is a safety zone.
All waters of Biscayne Bay located east of Bayfront Park and
encompassed within the following points: Starting at Point 1 in
position 25[deg]46'44'' N., 080[deg]10'59'' 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 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 safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Enforcement period. This rule will be enforced on October 25,
2015 from 6 a.m. until 11:00 a.m.
Dated: October 16, 2015.
M.C. Long,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2015-26832 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P
