[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22193-22195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08734]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0552]
RIN 1625-AA08


Special Local Regulations; West Palm Beach Triathlon 
Championship, Intracoastal Waterway; West Palm Beach, 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 Intracoastal Waterway, in West Palm Beach, Florida, during the West 
Palm Beach Triathlon Championship, on Saturday, June 1, 2013. 
Approximately 1,500 participants are anticipated to participate in the 
triathlon. The special local regulation is necessary to ensure the 
safety of the triathlon participants and the general public during the 
swim portion of 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 from 6:30 a.m. until 8:30 a.m. on June 1, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0552. 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 Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
[email protected]. If you have questions on viewing the docket, call 
Barbara Hairston, 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

    On January 15, 2013, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled, ``Special Local Regulation; West Palm Beach 
Triathlon Championship, Intracoastal Waterway, West Palm Beach, FL'' in 
the Federal Register (78 FR 2916). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure the safety of life on navigable waters of the United 
States during the West Palm Beach Triathlon Championship.
    On June 1, 2013, Game One Sports Marketing Group is hosting the 
West Palm Beach Triathlon Championship. The race will be held on the 
waters of the Intracoastal Waterway, in West Palm Beach, Florida. 
Approximately 1,500 participants are anticipated to participate in the 
triathlon. No spectator vessels are anticipated to be present during 
the race.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.
    This temporary final rule establishes a special local regulation 
that will encompass certain waters of the Intracoastal Waterway in West 
Palm Beach, Florida. The special local regulation will be enforced from 
6:30 a.m. until 8:30 a.m. on June 1, 2013. All persons and vessels, 
except those participating in the race, 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.
    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 
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

[[Page 22194]]

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 two 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 received no comments from the Small Business 
Administration on this rule.
    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 regulated area 
during the enforcement period. 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 (Public Law 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, 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). Due to potential 
environmental issues, we conducted an environmental analysis for both 
the issuance of the marine event permit and the establishment of this 
special local regulation. After completing the environmental analysis 
for the issuance of the marine event permit and the establishment of 
this special local regulation, we have determined these actions will 
not significantly affect the human environment. This rule involves the

[[Page 22195]]

creation of a special local regulation in conjunction with a regatta or 
marine parade, and 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

    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 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 Sec.  100.35T07-0552 to read as follows:


Sec.  100.35T07-0552   Special Local Regulation; West Palm Beach 
Triathlon Championship, Intracoastal Waterway; West Palm Beach, FL.

    (a) Regulated area. The following regulated area is established as 
a special local regulation. All waters of the Intracoastal Waterway in 
West Palm Beach, Florida between the Flagler Memorial Bridge and the 
Royal Park Bridge.
    (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, except for authorized 
race participants and safety 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 who are not authorized race participants 
and safety 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, 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 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.
    (d) Enforcement date. This rule will is effective from 6:30 a.m. 
until 8:30 a.m. on June 1, 2013.

    Dated: April 1, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-08734 Filed 4-12-13; 8:45 am]
BILLING CODE 9110-04-P