[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60302-60304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24343]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0728]
RIN 1625-AA08


Special Local Regulations; Red Bull Flugtag Miami, Biscayne Bay; 
Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida 
during the Red Bull Flugtag. The Red Bull Flugtag is scheduled to take 
place on Saturday, November 3, 2012. The event consists of 30 
participants launching self-propelled flying machines from a 30ft ramp 
to the water below. 150 spectator vessels are expected to attend the 
event. The special local regulation is necessary to provide for the 
safety of the participants, participant vessels, and general public on 
the navigable waters of the United States during the event. The special 
local regulation will encompass the following two areas: An event area, 
where non-participant vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within; and a spectator area, where 
all vessels are permitted to anchor.

DATES: This rule is effective and will be enforced from 11 a.m. to 4 
p.m. on November 3, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0728]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 rule, 
call or email Lieutenant Mike H. Wu, Sector Miami Prevention 
Department, Coast Guard; telephone 305-535-7576, email 
[email protected]. If you have questions on viewing or submitting 
material to 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 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 all 
event details until September 5, 2012. As a

[[Page 60303]]

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 
participants, participant vessels, spectators, and the general public.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to provide for the safety of life on navigable waters of the 
United States during the Red Bull Flugtag.

C. Discussion of the Final Rule

    On November 3, 2012, Red Bull North America is sponsoring the Red 
Bull Flugtag. The event will be held on the waters of Biscayne Bay, 
Miami, Florida. The event consists of 30 participants launching self-
propelled flying machines from a 30ft ramp to the water below. 150 
spectator vessels are expected to attend the event.
    The special local regulation will encompass certain waters of 
Biscayne Bay, Miami, Florida. The special local regulation will be 
enforced from 11 a.m. until 4 p.m. on November 3, 2012. The special 
local regulation will encompass the following two areas: (1) An event 
area, where non-participant vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within; and (2) a 
spectator area, where vessels are permitted to anchor. 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 via telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16. If authorization 
to enter, transit through, anchor in, or remain within the event area 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative. The Coast Guard will provide notice of the 
special local regulations 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 special local regulation 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 special local 
regulations 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 would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of Biscayne Bay from 11 
a.m. to 4 p.m. on November 3, 2012.
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 will not call for a 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,

[[Page 60304]]

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 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 special local regulation issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 35(b) and 34(h) of Figure 
2-1 of the Commandant Instruction. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35T07-0728 to read as follows:


Sec.  100.35T07-0728  Special Local Regulation; Red Bull Flugtag, 
Biscayne Bay; Miami, FL.

    (a) Regulated Area. The following regulated areas are established 
as special local regulation. All coordinates are North American Datum 
1983.
    (1) Event Area. All waters of Biscayne Bay, Miami, FL between 
Bayfront Park and the Intercontinental-Miami Hotel encompassed within 
an imaginary line connecting the following points: Starting at point 1 
in position 25[deg]46'32'' N, 80[deg]11'06'' W; thence southeast to 
point 2 in position 25[deg]46'30'' N, 80[deg]11'04'' W; thence south to 
point 3 in position 25[deg]46'26'' N, 80[deg]11'04'' W; thence 
southwest to point 4 in position 25[deg]46'25'' N, 80[deg]11'06'' W; 
thence north back to origin. All non-participant persons and vessels 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the event area without authorization from the Captain 
of the Port Miami or a designated representative.
    (2) Spectator Area. All waters of Biscayne Bay, Miami, FL between 
Bayfront Park and the Intercontinental-Miami Hotel encompassed within 
an imaginary line connecting the following points: Starting at point 1 
in position 25[deg]46'32'' N, 80[deg]11'05'' W; thence northeast to 
point 2 in position 25[deg]46'36'' N, 80[deg]11'01'' W; thence south to 
point 3 in position 25[deg]46'22'' N, 80[deg]11'01'' W; thence 
southwest to point 4 in position 25[deg]46'18'' N, 80[deg]11'04'' W; 
thence west to point 5 in position 25[deg]46'18'' N, 80[deg]11'05'' W; 
thence north to point 6 in position 25[deg]46'25'' N, 80[deg]11'06'' W; 
thence northeast to point 7 in position 25[deg]46'26'' N, 
80[deg]11'04'' W; thence northwest to point 8 in position 
25[deg]46'30'' N, 80[deg]11'04'' W; thence northwest back to origin. 
Vessels are permitted to anchor in this area.
    (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 areas.
    (c) Regulations. (1) 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 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.
    (2) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 11:00 a.m. 
until 4:00 p.m. on November 3, 2012.

    Dated: September 19, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-24343 Filed 10-2-12; 8:45 am]
BILLING CODE 9110-04-P