[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75550-75553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30768]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-1020]
RIN 1625-AA08


Special Local Regulations; 2013 Orange Bowl Paddle Championship, 
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 and the Miami River in Miami, FL during the 
2013 Orange Bowl Paddle Championship. The event will take place on 
January 13, 2013 between the hours of 9 a.m. to 1 p.m. Approximately 
300 kayaks and paddleboards will participate in the event. The special 
local regulation is necessary to ensure the safety of the participants, 
participant vessels, and the general public during the event. Non-
participant 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.

DATES: This rule will be enforced from 9 a.m. to 1 p.m. on January 13, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1020. To view documents mentioned in this preamble as being

[[Page 75551]]

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 Junior Grade 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 
necessary event information in regards to the event location until 
November 20, 2012. 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.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations pursuant to: 33 U.S.C. 1233. The 
purpose of the rule is to provide for the safety of life on navigable 
waters during the 2013 Orange Bowl Paddle Championship.

C. Discussion of the Final Rule

    On January 13, 2013, the Orange Bowl Committee is sponsoring the 
2013 Orange Bowl Paddle Championship. The event will be held on the 
waters of Biscayne Bay and the Miami River. Approximately 300 
participants on paddle boards will be transiting the Miami River and 
surrounding areas requiring a controlled environment due to large 
commercial traffic.
    The special local regulation will encompass certain waters of 
Biscayne Bay and the Miami River in Miami, Florida. The special local 
regulation will be enforced from 9:00 a.m. until 1:00 p.m. on January 
13, 2013. The regulated area will encompass all waters west of the 
Intracoastal Waterway from just south of the Port Miami Bridge to just 
north of the Rickenbacker Causeway Bridge, to include the Miami River 
up until the Interstate 95 Bridge. Non-participant persons and vessels 
are prohibited from entering, transiting though, anchoring in, or 
remaining within this regulated area.
    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 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 regulation 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 a maximum of 4 hours; (2) non-participant persons and vessels may 
enter, transit through, anchor in, or remain within the event area if 
authorized by the Captain of the Port Miami or a designated 
representative; (3) non-participant persons and vessels not authorized 
by the Captain of the Port Miami or designated representative to enter, 
transit through, anchor in, or remain within the event area may operate 
in the surrounding area during the enforcement periods; and (4) the 
Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Biscayne 
Bay and the Miami River encompassed within the special local regulation 
from 9:00 a.m. until 1:00 p.m. on January 13, 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.

[[Page 75552]]

    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 
INTFORMATION 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 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 marine event. This rule is categorically excluded 
from further review under paragraph 34(h) and 35(b) 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 temporary Sec.  100.35T07-1020 to read as follows:


Sec.  100.35T07-1020  Special Local Regulations; 2013 Orange Bowl 
Paddle Championship, Biscayne Bay, Miami, FL.

    (a) Regulated area. The following regulated area is established as 
a special local regulation: all waters starting at point 1 in position 
25[deg]46'45'' N 80[deg]10'57'' W; thence northwest to point 2 in 
position 25[deg]46'48'' N 80[deg]11'05'' W; thence southeast to point 3 
in position 25[deg]46'46'' N 80[deg]11'10'' W; thence southeast to 
point 4 in position 25[deg]46'40'' N 80[deg]11'10'' W; thence southeast 
to point 5 in position 25[deg]46'38'' N 80[deg]11'05'' W; thence 
northeast to point 6 in position 25[deg]46'45'' N 80[deg]11'01'' W; 
thence southeast to point 7 in position 25[deg]46'44'' N 80[deg]10'59'' 
W; thence southwest to point 8 in position 25[deg]46'31'' N 
80[deg]11'06'' W; thence south to point 9 in position 25[deg]46'18'' N 
80[deg]11'06'' W; thence westward including all waters of the Miami 
River to point 10 in position 25[deg]46'13'' N 80[deg]11'57'' W; thence 
eastward including all waters of the Miami River to point 11 in 
position 25[deg]46'11'' N 80[deg]11'16'' W; thence southwest to point 
12 in position 25[deg]45'28'' N 80[deg]11'20'' W; thence southwest to 
point 13 in position 25[deg]44'54'' N 80[deg]12'06'' W; thence 
southeast to point 14 in position 25[deg]44'48'' N 80[deg]11'22'' W; 
thence northeast to point 15 in position 25[deg]46'09'' N 
80[deg]10'57'' W; thence northwest to point 16 in position 
25[deg]46'22'' N 80[deg]11'01'' W; thence north to point 17 in position 
25[deg]46'36'' N 80[deg]11'01'' W; thence northeast back to origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and

[[Page 75553]]

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) 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 by telephone at (305) 535-4472, 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 areas 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 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 9 a.m. until 
1 p.m. on January 13, 2013.

    Dated: December 6, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-30768 Filed 12-20-12; 8:45 am]
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