[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54599-54602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21624]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0548]
RIN 1625-AA00


Safety Zone; 2013 Ironman 70.3 Miami, Biscayne Bay; Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during 
the 2013 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is 
scheduled to take place on October 27, 2013. Approximately 2,500 
participants are anticipated to participate in the swim portion of the 
event. No spectators are expected to be present during the event. The 
safety zone 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 safety zone would establish an area 
that will encompass the event area. Persons and vessels, except those 
participating in the event, will be 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: Comments and related material must be received by the Coast 
Guard on or before October 21, 2013. Requests for public meetings must 
be received by the Coast Guard on or before October 7, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0548 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the

[[Page 54600]]

docket number USCG-2013-0548 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0548 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Previously, temporary special local regulations regarding this 
maritime event have been published in the Code of Federal Regulations 
at 33 CFR 100. No final rule has been published in regards to this 
event.

C. 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; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on 
navigable waters of the United States during the Ironman 70.3 Miami.

D. Discussion of Proposed Rule

    On October 27, 2013, Miami Tri Events is sponsoring the Ironman 
70.3, a triathlon. The swim portion of the event will be held on the 
waters of Biscayne Bay, Miami, Florida. Approximately 2,500 
participants are anticipated to participate in the event. No spectator 
vessels are expected during the event.
    The proposed rule would establish a safety zone that will encompass 
certain waters of the Intracoastal Waterway and Biscayne Bay, Miami, 
Florida. The safety zone will be enforced from 6:30 a.m. until 10 a.m. 
on October 27, 2013. The safety zone will establish an area around the 
event where all persons and vessels, except those persons and vessels 
participating in the event, are prohibited from entering, transiting 
though, anchoring in, or remaining within. 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 safety zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for 
the following reasons: (1) The safety zone will be enforced for only 
three and one half hours; (2) although 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) 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 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposed ule 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 Intracoastal Waterway and Biscayne Bay 
encompassed within the safety zone from 6:30 a.m. until 10 a.m. on 
October 27, 2013. For the reasons discussed in the Regulatory Planning 
and Review section above, this proposed rule will not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have

[[Page 54601]]

a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this proposed rule would economically affect it.

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 proposed rule. If the proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves a safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
preliminary 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 proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 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.T07-0548 to read as follows:


Sec.  165.T07-0548  Safety Zone; Ironman 70.3 Miami, Biscayne Bay; 
Miami, FL.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of Biscayne Bay located east of Bayfront Park and 
encompassed within the following points: starting at Point 1 in 
position 25[deg]46'44'' N, 080[deg]10'59'' W; thence southeast to Point 
2 in position 25[deg]46'24'' N, 080[deg]10'44'' W; thence southwest to 
Point 3 in position 25[deg]46'18'' N, 080[deg]11'05'' W; thence north 
to Point 4 in position 25[deg]46'33'' N, 080[deg]11'05'' W; thence 
northeast 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) Non-participating persons and vessels may request authorization 
to enter, transit through, anchor in, or

[[Page 54602]]

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. 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 safety zone by Local 
Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule will be enforced from 6:30 a.m. until 
10 a.m. on October 27, 2013.

    Dated: August 9, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-21624 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P