[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57061-57063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22610]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0180]
RIN 1625-AA08


Special Local Regulation; 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 September 21, 2013. The event consists of approximately 100 
participants launching 30 self-propelled flying objects from a 30 foot 
ramp to the water below. Approximately 100 spectator vessels are 
anticipated to be at the event. The special local regulation is 
necessary to provide for the safety of the participants, participant 
vessels, spectators, and the general public on the navigable waters of 
the United States during the event. The special local regulation will 
establish an event area, where non-participant persons and vessels are 
prohibited from entering, transiting, anchoring, or remaining within.

DATES: This rule will be enforced from 9:30 a.m. until 6:30 p.m. on 
September 21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0180]. 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 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 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 July 3, 2013, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled USCG-2013-0180 Special Local Regulation; Red 
Bull Flugtag Miami, Biscayne Bay; Miami, FL in the Federal Register (78 
FR 40079). We received no comments

[[Page 57062]]

on the proposed rule. No public meeting was requested, and none was 
held. Previously, temporary special local regulations regarding this 
maritime event have been published in the Code of Federal Regulations 
at 33 CFR 100.701. No final rule has been published in regards to this 
event. The special local regulations are not new in their entirety, but 
merely reflect updates to certain details of the event.

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 Comments, Changes, and the Final Rule

    On September 21, 2013, 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 approximately 100 participants 
launching 30 self-propelled flying objects from a 30ft ramp to the 
water below. Approximately 100 spectator vessels are expected to attend 
the event.
    The temporary final rule will establish a special local regulation 
that will encompass certain waters of Biscayne Bay, Miami, Florida. The 
special local regulation will be enforced from 9:30 a.m. until 6:30 
p.m. on September 21, 2013. The special local regulation establishes an 
event area, where non-participant persons and vessels are prohibited 
from entering, transiting, anchoring, or remaining within.
    Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the regulated area may request 
authorization 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 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 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 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 nine hours; (2) non-
participant persons and vessels may enter, transit through, anchor in, 
or remain within the regulated area during their respective enforcement 
periods if authorized by the Captain of the Port Miami or a designated 
representative; (3) non-participant persons and vessels not able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Miami or a 
designated representative may operate in the surrounding areas 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 respective 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 (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

[[Page 57063]]

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 the 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) 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, Security measures, and 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.  100.35T07-0180 to read as follows:


Sec.  100.35T07-0180  Special Local Regulation; Red Bull Flugtag, 
Biscayne Bay; Miami, FL.

    (a) Regulated Area. The following regulated area is established as 
a special local regulation. All coordinates are North American Datum 
1983. All waters of Biscayne Bay, Miami, FL, between Bayfront Park and 
the Intercontinental-Miami Hotel encompassed within 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.
    (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) Regulation. (1) 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 via VHF radio on 
channel 16.
    (2) Non-participant 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 by telephone at 305-
535-4472, or a designated representative via VHF radio on channel 16. 
If authorization to transit through or anchor in 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 be enforced from 9:30 a.m. 
until 6:30 p.m. on September 21, 2013.

    Dated: August 28, 2013.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-22610 Filed 9-16-13; 8:45 am]
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