[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8656-8658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0010]
RIN 1625-AA00


Safety Zone; Miami International Triathlon, Bayfront Park, Miami, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters east of Bayfront Park for the Miami International Triathlon in 
Miami, Florida. The triathlon is scheduled to take place on March 20, 
2011. The temporary safety zone is necessary for the safety of 
triathlon participants, participant vessels, and the general public 
during the swim portion of the triathlon. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless specifically authorized by the 
Captain of the Port Miami or a designated representative.

DATES: This rule is effective from 7 a.m. until 9:30 a.m. on March 20, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0010 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0010 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 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 rule, call or e-mail Lieutenant Paul A. Steiner, Sector Miami 
Prevention Department, Coast Guard; telephone 305-535-8724, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a)

[[Page 8657]]

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 
notice of the triathlon with sufficient time to publish an NPRM and to 
receive public comments prior to the triathlon. Any delay in the 
effective date of this rule would be contrary to the public interest 
because immediate action is needed to minimize the potential danger to 
triathlon participants as well as the general public.

Background and Purpose

    On March 20, 2011, Paramount Productions LLC is hosting the Miami 
International Triathlon. This triathlon includes a 0.9 mile swim, which 
will take place in the waters east of Bayfront Park in Miami, Florida. 
Approximately 1,500 individuals are scheduled to compete in the 
triathlon. This safety zone is necessary to protect triathlon 
participants, participant vessels, and the general public during the 
effective period.

Discussion of Rule

    The safety zone encompasses certain navigable waters east of 
Bayfront Park in Miami, Florida. Persons and vessels are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the safety zone unless specifically authorized by the Captain of the 
Port Miami or a designated representative. The safety zone will be in 
effect from 7 a.m. until 9:30 a.m. on March 20, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal for 
the following reasons: (1) The rule will be in effect for less than 
three hours; (2) vessel traffic in the area during the effective period 
will be minimal; (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 Miami or a 
designated representative, they will be able to operate in the 
surrounding area during the effective 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 Miami or a 
designated representative; (5) advance notification will be made to the 
local maritime community via broadcast notice to mariners; and (6) the 
triathlon host will distribute informational materials in advance of 
the triathlon.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 the waters east of 
Bayfront Park that are encompassed within the safety zone from 7 a.m. 
until 9:30 a.m. on March 20, 2011. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health

[[Page 8658]]

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 which 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 Instruction. This rule involves establishing a 
temporary safety zone, as described in paragraph (34)(g), that will be 
in effect for less than three 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. 1226, 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.T07-0010 to read as follows:


Sec.  165.T07-0010  Safety Zone; Miami International Triathlon, 
Bayfront Park, Miami, FL.

    (a) Regulated area. The following regulated area is a safety zone. 
All waters east of Bayfront Park encompasses within an imaginary line 
connecting the following points: Starting at Point 1 in position 
25[deg]46'36'' N, 80[deg]11'04'' W; thence east to Point 2 in position 
25[deg]46'36'' N, 80[deg]10'51'' W; thence southeast to Point 3 in 
position 25[deg]46'25'' N, 80[deg]10'44'' W; thence southwest to Point 
4 in position 25[deg]46'19'' N, 80[deg]11'05'' W; thence north 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) 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 Miami 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 Miami via telephone at 305-535-4472, or a designated 
representative via VHF radio on channel 16, to seek permission. If 
permission to enter, transit through, anchor in, or remain within the 
regulated area is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area via 
broadcast notice to mariners and by on-scene designated 
representatives.
    (d) Effective Date. This rule is effective from 7 a.m. until 9:30 
a.m. on March 20, 2011.

    Dated: January 26, 2011.
G.J. Depinet,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2011-3323 Filed 2-14-11; 8:45 am]
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