[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75853-75855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30913]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0956]
RIN 1625-AA00


Safety Zone; Bone Island Triathlon, Atlantic Ocean; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Ocean in Key West, Florida, during the Bone 
Island Triathlon on Saturday, January 12, 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 is effective from 7:00 a.m. until 12:00 p.m. on 
January 12, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0956]. 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 
temporary final rule, call or email Marine Science Technician First 
Class William G. Winegar, Sector Key West Prevention Department, Coast 
Guard; telephone (305) 292-8809, email [email protected]. 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 until November 27, 2012. As a 
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 
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; Public Law 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 January 12, 2013, Questor Multisport, LLC is hosting the Bone 
Island Triathlon. The event will be held on the waters of the Atlantic 
Ocean located south of Key West, Florida. Approximately 1000 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 south of Key West, Florida. The safety zone will be enforced 
from 7 a.m. until 12 p.m. on January 12, 2013. All persons and vessels, 
except those participating in the event, are prohibited from entering, 
transiting, anchoring, or remaining in the safety zone area.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area 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 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of

[[Page 75854]]

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 five 
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 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 7:00 a.m. until 
12:00 p.m. on January 12, 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

[[Page 75855]]

environment. This rule is categorically excluded, under Figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing 
a temporary safety zone that will be enforced for a total of five 
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:


Sec.  165.T07-0956  Safety Zone; Bone Island Triathlon, Atlantic Ocean, 
Key West, FL.

    (a) Regulated Area. All waters of the Atlantic Ocean located south 
of Key West encompassed within a line connecting the following points 
are designated a safety zone: Starting at Point 1 in position 
24[deg]32'49'' N, 81[deg]47'21'' W; thence south to Point 2 in position 
24[deg]32'33'' N, 81[deg]47'05'' W; thence northeast to Point 3 in 
position 24[deg]32'56'' N, 81[deg]45'40'' W; thence north to Point 4 in 
position 24[deg]33'09'' N, 81[deg]45'40'' W; thence southwest following 
the shoreline back to origin. All coordinates are North American Datum.
    (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, 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 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 
representatives.
    (d) Effective Date. This rule is effective from 7:00 a.m. until 
12:00 p.m. on January 12, 2013.

    Dated: December 6, 2012.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2012-30913 Filed 12-21-12; 8:45 am]
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