80_FR_48939 80 FR 48782 - Safety Zone; Mack Cycle Escape to Miami Triathlon, Biscayne Bay; Miami, FL

80 FR 48782 - Safety Zone; Mack Cycle Escape to Miami Triathlon, Biscayne Bay; Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range48782-48784
FR Document2015-20114

The Coast Guard proposes to establish a temporary safety zone on the waters of Biscayne Bay, east of Margaret Pace Park, Miami, Florida during the Mack Cycle Escape to Miami Triathlon on September 20, 2015. The temporary safety zone is necessary to provide for the safety of the participants, participant vessels, spectators, and the general public during the event. Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone that encompasses the swim area unless authorized by the Captain of the Port Miami or a designated representative.

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Proposed Rules]
[Pages 48782-48784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0561]
RIN 1625-AA00


Safety Zone; Mack Cycle Escape to Miami Triathlon, Biscayne Bay; 
Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of Biscayne Bay, east of Margaret Pace Park, Miami, 
Florida during the Mack Cycle Escape to Miami Triathlon on September 
20, 2015. The temporary safety zone is necessary to provide for the 
safety of the participants, participant vessels, spectators, and the 
general public during the event. Non-participant persons and vessels 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone that encompasses the swim 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 August 31, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before September 14, 2015.

ADDRESSES: You may submit comments identified by docket number 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 Benjamin R. Colbert, 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 Cheryl Collins, 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 docket number USCG-2015-0561 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-2015-0561) 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

    This is the first rule-making action in regards to this year's Mack 
Cyle Escape to Miami Triathlon 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1. The purpose of 
the rule is to provide for the safety of life on the navigable waters 
of the United States

[[Page 48783]]

during the Mack Cycle Escape to Miami Triathlon.

D. Discussion of Proposed Rule

    On September 20, 2015, Life Time Fitness Triathlon Services, LLC is 
sponsoring the Mack Cycle Escape to Miami Triathlon. The event will be 
held on the waters of Biscayne Bay, east of Margaret Pace Park, Miami, 
Florida. Approximately 2,100 participants are expected to participate 
in the swim portion of this event.
    The proposed rule will establish a safety zone that will encompass 
certain waters of Biscayne Bay, Miami, Florida. The safety zone will be 
enforced from 6:30 a.m. until 11 a.m. on September 20, 2015. The safety 
zone will establish an area around the swim portion of the event where 
non-participant persons and vessels are prohibited from entering, 
transiting, anchoring, or remaining within. Non-participant persons and 
vessels may request authorization to enter, transit through, anchor in, 
or remain within the event 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 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 four and one half hours; (2) 
although non-participant 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) non-participant 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 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 encompassed within the safety zone from 6:30 a.m. until 11 
a.m. on September 20, 2015. However, this safety zone would be 
activated, and thus subject to enforcement, for only four and one half 
hours early on a Sunday when vessel traffic is low. Additionally, 
traffic would be allowed to pass through the zone with the permission 
of the Captain of the Port Miami or a designated representative.
    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 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 proposed 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 
proposed rule elsewhere in this preamble.

[[Page 48784]]

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 proposed 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). The 
Coast Guard previously completed a Categorical Exclusion Determination 
for this temporary safety zone in 2013. The regulation for the 2013 
occurrences is similar in all aspects to this year's regulation; 
therefore, the same Categorical Exclusion Determination is being 
referenced for this year's regulation. The Categorical Exclusion 
Determination is available in the docket folder for USCG-2013-0688 at 
www.regulations.gov. This proposed rule involves establishing a safety 
zone that will be enforced from 6:30 a.m. until 11 a.m. on September 
20, 2015. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

F. List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a temporary Sec.  165.T07-0561 to the undesignated center 
heading Seventh Coast Guard District to read as follows:


Sec.  165.T07-0561  Safety Zone; Mack Cycle Escape to Miami Triathlon, 
Biscayne Bay; Miami, FL.

    (a) Regulated area. The following regulated area is a safety zone. 
All waters of Biscayne Bay, east of Margaret Pace Park, Miami, FL 
encompassed within the following points: starting at point 1 in 
position 25[deg]47'40'' N., 80[deg]11'07'' W.; thence north to point 2 
in position 25[deg]48'12'' N., 80[deg]11'07'' W.; thence east to point 
3 in position 25[deg]48'12'' N., 80[deg]10'30'' W.; thence south to 
point 4 in position 25[deg]47'40'' N., 80[deg]10'30'' W.; thence west 
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) All non-participant 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) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within a 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. If authorization to enter, 
transit through, anchor in, or remain within a 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.
    (3) 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) Effective date. This rule is effective on September 20, 2015. 
This rule will be enforced from 6:30 a.m. until 11 a.m. on September 
20, 2015.

    Dated: July 30, 2015.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-20114 Filed 8-13-15; 8:45 am]
BILLING CODE 9110-04-P



                                                      48782                    Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules

                                                      BILLING CODE 6355–01–P                                  submitting comments. To avoid                         electronic filing. If you submit
                                                        Dated: August 6, 2015.                                duplication, please use only one of                   comments by mail and would like to
                                                      Todd A. Stevenson,                                      these three methods.                                  know that they reached the Facility,
                                                      Secretary, Consumer Product Safety                      FOR FURTHER INFORMATION CONTACT: If                   please enclose a stamped, self-addressed
                                                      Commission.                                             you have questions on this rule, call or              postcard or envelope. We will consider
                                                      [FR Doc. 2015–19668 Filed 8–13–15; 8:45 am]             email Petty Officer Benjamin R. Colbert,              all comments and material received
                                                      BILLING CODE 6355–01–C                                  Sector Miami Prevention Department,                   during the comment period and may
                                                                                                              Coast Guard; telephone (305) 535–4317,                change the rule based on your
                                                                                                              email Benjamin.R.Colbert@uscg.mil. If                 comments.
                                                                                                              you have questions on viewing or                      2. Viewing Comments and Documents
                                                      DEPARTMENT OF HOMELAND
                                                                                                              submitting material to the docket, call
                                                      SECURITY                                                                                                         To view comments, as well as
                                                                                                              Cheryl Collins, Program Manager,
                                                      Coast Guard                                             Docket Operations, telephone (202)                    documents mentioned in this preamble
                                                                                                              366–9826.                                             as being available in the docket, go to
                                                      33 CFR Part 165                                         SUPPLEMENTARY INFORMATION:                            http://www.regulations.gov, type the
                                                                                                                                                                    docket number (USCG–2015–0561) in
                                                      [Docket Number USCG–2015–0561]                          Table of Acronyms                                     the ‘‘SEARCH’’ box and click
                                                      RIN 1625–AA00
                                                                                                                                                                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                              DHS Department of Homeland Security
                                                                                                              FR Federal Register                                   Folder on the line associated with this
                                                      Safety Zone; Mack Cycle Escape to                       NPRM Notice of proposed rulemaking                    rulemaking. You may also visit the
                                                      Miami Triathlon, Biscayne Bay; Miami,                                                                         Docket Management Facility in Room
                                                      FL                                                      A. Public Participation and Request for               W12–140 on the ground floor of the
                                                                                                              Comments                                              Department of Transportation West
                                                      AGENCY:   Coast Guard, DHS.                                                                                   Building, 1200 New Jersey Avenue SE.,
                                                                                                                We encourage you to participate in
                                                      ACTION:   Notice of proposed rulemaking.                                                                      Washington, DC 20590, between 9 a.m.
                                                                                                              this rulemaking by submitting
                                                                                                                                                                    and 5 p.m., Monday through Friday,
                                                      SUMMARY:   The Coast Guard proposes to                  comments and related materials. All
                                                                                                                                                                    except Federal holidays.
                                                      establish a temporary safety zone on the                comments received will be posted
                                                      waters of Biscayne Bay, east of Margaret                without change to http://                             3. Privacy Act
                                                      Pace Park, Miami, Florida during the                    www.regulations.gov and will include
                                                                                                                                                                      Anyone can search the electronic
                                                      Mack Cycle Escape to Miami Triathlon                    any personal information you have
                                                                                                                                                                    form of comments received into any of
                                                      on September 20, 2015. The temporary                    provided.
                                                                                                                                                                    our dockets by the name of the
                                                      safety zone is necessary to provide for                 1. Submitting Comments                                individual submitting the comment (or
                                                      the safety of the participants, participant                                                                   signing the comment, if submitted on
                                                      vessels, spectators, and the general                       If you submit a comment, please
                                                                                                              include the docket number for this                    behalf of an association, business, labor
                                                      public during the event. Non-participant                                                                      union, etc.). You may review a Privacy
                                                      persons and vessels are prohibited from                 rulemaking, indicate the specific section
                                                                                                              of this document to which each                        Act notice regarding our public dockets
                                                      entering, transiting through, anchoring                                                                       in the January 17, 2008, issue of the
                                                      in, or remaining within the safety zone                 comment applies, and provide a reason
                                                                                                              for each suggestion or recommendation.                Federal Register (73 FR 3316).
                                                      that encompasses the swim area unless
                                                      authorized by the Captain of the Port                   You may submit your comments and                      4. Public Meeting
                                                      Miami or a designated representative.                   material online at http://
                                                                                                              www.regulations.gov, or by fax, mail, or                We do not now plan to hold a public
                                                      DATES: Comments and related material                    hand delivery, but please use only one                meeting. But you may submit a request
                                                      must be received by the Coast Guard on                  of these means. If you submit a                       for one, using one of the methods
                                                      or before August 31, 2015.                              comment online, it will be considered                 specified under ADDRESSES. Please
                                                        Requests for public meetings must be                  received by the Coast Guard when you                  explain why you believe a public
                                                      received by the Coast Guard on or before                successfully transmit the comment. If                 meeting would be beneficial. If we
                                                      September 14, 2015.                                     you fax, hand deliver, or mail your                   determine that one would aid this
                                                      ADDRESSES: You may submit comments                      comment, it will be considered as                     rulemaking, we will hold one at a time
                                                      identified by docket number using any                   having been received by the Coast                     and place announced by a later notice
                                                      one of the following methods:                           Guard when it is received at the Docket               in the Federal Register.
                                                        (1) Federal eRulemaking Portal:                       Management Facility. We recommend                     B. Regulatory History and Information
                                                      http://www.regulations.gov.                             that you include your name and a
                                                        (2) Fax: 202–493–2251.                                mailing address, an email address, or a                 This is the first rule-making action in
                                                        (3) Mail or Delivery: Docket                          telephone number in the body of your                  regards to this year’s Mack Cyle Escape
                                                      Management Facility (M–30), U.S.                        document so that we can contact you if                to Miami Triathlon event.
                                                      Department of Transportation, West                      we have questions regarding your                      C. Basis and Purpose
                                                      Building Ground Floor, Room W12–140,                    submission.
                                                      1200 New Jersey Avenue SE.,                                To submit your comment online, go to                 The legal basis for the rule is the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Washington, DC 20590–0001. Deliveries                   http://www.regulations.gov, type the                  Coast Guard’s authority to establish
                                                      accepted between 9 a.m. and 5 p.m.,                     docket number USCG–2015–0561 in the                   regulated navigation areas and other
                                                      Monday through Friday, except federal                   ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  limited access areas: 33 U.S.C. 1231; 50
                                                      holidays. The telephone number is 202–                  Click on ‘‘Submit a Comment’’ on the                  U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                      366–9329.                                               line associated with this rulemaking.                 6.04–6, and 160.5; Department of
                                                        See the ‘‘Public Participation and                       If you submit your comments by mail                Homeland Security Delegation No.
                                                      Request for Comments’’ portion of the                   or hand delivery, submit them in an                   0170.1. The purpose of the rule is to
                                                      SUPPLEMENTARY INFORMATION section                       unbound format, no larger than 81⁄2 by                provide for the safety of life on the
                                                      below for further instructions on                       11 inches, suitable for copying and                   navigable waters of the United States


                                                 VerDate Sep<11>2014   17:19 Aug 13, 2015   Jkt 235001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\14AUP1.SGM   14AUP1


                                                                              Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules                                           48783

                                                      during the Mack Cycle Escape to Miami                   will be enforced for only four and one                this proposed rule would economically
                                                      Triathlon.                                              half hours; (2) although non-participant              affect it.
                                                                                                              persons and vessels will not be able to
                                                      D. Discussion of Proposed Rule                                                                                3. Assistance for Small Entities
                                                                                                              enter, transit through, anchor in, or
                                                         On September 20, 2015, Life Time                     remain within the event area without                     Under section 213(a) of the Small
                                                      Fitness Triathlon Services, LLC is                      authorization from the Captain of the                 Business Regulatory Enforcement
                                                      sponsoring the Mack Cycle Escape to                     Port Miami or a designated                            Fairness Act of 1996 (Pub. L. 104–121),
                                                      Miami Triathlon. The event will be held                 representative, they may operate in the               we want to assist small entities in
                                                      on the waters of Biscayne Bay, east of                  surrounding area during the                           understanding this proposed rule. If the
                                                      Margaret Pace Park, Miami, Florida.                     enforcement period; (3) non-participant               proposed rule would affect your small
                                                      Approximately 2,100 participants are                    persons and vessels may still enter,                  business, organization, or governmental
                                                      expected to participate in the swim                     transit through, anchor in, or remain                 jurisdiction and you have questions
                                                      portion of this event.                                  within the event area during the
                                                         The proposed rule will establish a                                                                         concerning its provisions or options for
                                                                                                              enforcement period if authorized by the               compliance, please contact the person
                                                      safety zone that will encompass certain                 Captain of the Port Miami or a
                                                      waters of Biscayne Bay, Miami, Florida.                                                                       listed in the FOR FURTHER INFORMATION
                                                                                                              designated representative; and (4) the                CONTACT, above. The Coast Guard will
                                                      The safety zone will be enforced from                   Coast Guard will provide advance
                                                      6:30 a.m. until 11 a.m. on September 20,                                                                      not retaliate against small entities that
                                                                                                              notification of the safety zone to the                question or complain about this
                                                      2015. The safety zone will establish an                 local maritime community by Local
                                                      area around the swim portion of the                                                                           proposed rule or any policy or action of
                                                                                                              Notice to Mariners and Broadcast Notice               the Coast Guard.
                                                      event where non-participant persons                     to Mariners.
                                                      and vessels are prohibited from                                                                               4. Collection of Information
                                                      entering, transiting, anchoring, or                     2. Impact on Small Entities
                                                      remaining within. Non-participant                                                                               This proposed rule will not call for a
                                                                                                                 The Regulatory Flexibility Act of 1980
                                                      persons and vessels may request                                                                               new collection of information under the
                                                                                                              (RFA), 5 U.S.C. 601–612, as amended,
                                                      authorization to enter, transit through,                                                                      Paperwork Reduction Act of 1995 (44
                                                                                                              requires federal agencies to consider the
                                                      anchor in, or remain within the event                                                                         U.S.C. 3501–3520).
                                                                                                              potential impact of regulations on small
                                                      area by contacting the Captain of the                   entities during rulemaking. The term                  5. Federalism
                                                      Port Miami by telephone at 305–535–                     ‘‘small entities’’ comprises small
                                                      4472, or a designated representative via                businesses, not-for-profit organizations                 A rule has implications for federalism
                                                      VHF radio on channel 16. If                             that are independently owned and                      under Executive Order 13132,
                                                      authorization to enter, transit through,                operated and are not dominant in their                Federalism, if it has a substantial direct
                                                      anchor in, or remain within the event                   fields, and governmental jurisdictions                effect on the States, on the relationship
                                                      area is granted by the Captain of the Port              with populations of less than 50,000.                 between the national government and
                                                      Miami or a designated representative,                   The Coast Guard certifies under 5 U.S.C.              the States, or on the distribution of
                                                      all persons and vessels receiving such                  605(b) that this proposed rule will not               power and responsibilities among the
                                                      authorization must comply with the                      have a significant economic impact on                 various levels of government. We have
                                                      instructions of the Captain of the Port                 a substantial number of small entities.               analyzed this proposed rule under that
                                                      Miami or a designated representative.                                                                         Order and determined that this
                                                                                                                 This proposed rule may affect the
                                                      The Coast Guard will provide notice of                                                                        proposed rule does not have
                                                                                                              following entities, some of which may
                                                      the safety zone by Local Notice to                                                                            implications for federalism.
                                                                                                              be small entities: the owners or
                                                      Mariners, Broadcast Notice to Mariners,
                                                                                                              operators of vessels intending to enter,              6. Protest Activities
                                                      and on-scene designated
                                                                                                              transit through, anchor in, or remain
                                                      representatives.                                                                                                The Coast Guard respects the First
                                                                                                              within that portion of Biscayne Bay
                                                      E. Regulatory Analyses                                  encompassed within the safety zone                    Amendment rights of protesters.
                                                        We developed this proposed rule after                 from 6:30 a.m. until 11 a.m. on                       Protesters are asked to contact the
                                                      considering numerous statutes and                       September 20, 2015. However, this                     person listed in the FOR FURTHER
                                                                                                              safety zone would be activated, and thus              INFORMATION CONTACT section to
                                                      executive orders related to rulemaking.
                                                      Below we summarize our analyses                         subject to enforcement, for only four                 coordinate protest activities so that your
                                                      based on a number of these statutes or                  and one half hours early on a Sunday                  message can be received without
                                                      executive orders.                                       when vessel traffic is low. Additionally,             jeopardizing the safety or security of
                                                                                                              traffic would be allowed to pass through              people, places or vessels.
                                                      1. Regulatory Planning and Review                       the zone with the permission of the                   7. Unfunded Mandates Reform Act
                                                         This proposed rule is not a significant              Captain of the Port Miami or a
                                                      regulatory action under section 3(f) of                 designated representative.                               The Unfunded Mandates Reform Act
                                                      Executive Order 12866, Regulatory                          For the reasons discussed in the                   of 1995 (2 U.S.C. 1531–1538) requires
                                                      Planning and Review, as supplemented                    Regulatory Planning and Review section                Federal agencies to assess the effects of
                                                      by Executive Order 13563, Improving                     above, this proposed rule will not have               their discretionary regulatory actions. In
                                                      Regulation and Regulatory Review, and                   a significant economic impact on a                    particular, the Act addresses actions
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                                                      does not require an assessment of                       substantial number of small entities.                 that may result in the expenditure by a
                                                      potential costs and benefits under                         If you think that your business,                   State, local, or tribal government, in the
                                                      section 6(a)(3) of Executive Order 12866                organization, or governmental                         aggregate, or by the private sector of
                                                      or under section 1 of Executive Order                   jurisdiction qualifies as a small entity              $100,000,000 (adjusted for inflation) or
                                                      13563. The Office of Management and                     and that this proposed rule would have                more in any one year. Though this
                                                      Budget has not reviewed it under those                  a significant economic impact on it,                  proposed rule would not result in such
                                                      Orders. The economic impact of this                     please submit a comment (see                          an expenditure, we do discuss the
                                                      proposed rule is not significant for the                ADDRESSES) explaining why you think it                effects of this proposed rule elsewhere
                                                      following reasons: (1) The safety zone                  qualifies and how and to what degree                  in this preamble.


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                                                      48784                   Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules

                                                      8. Taking of Private Property                           similar in all aspects to this year’s                   (c) Regulations. (1) All non-
                                                         This proposed rule would not cause a                 regulation; therefore, the same                       participant persons and vessels are
                                                      taking of private property or otherwise                 Categorical Exclusion Determination is                prohibited from entering, transiting
                                                      have taking implications under                          being referenced for this year’s                      through, anchoring in or remaining
                                                      Executive Order 12630, Governmental                     regulation. The Categorical Exclusion                 within the regulated area unless
                                                      Actions and Interference with                           Determination is available in the docket              authorized by the Captain of the Port
                                                      Constitutionally Protected Property                     folder for USCG–2013–0688 at                          Miami or a designated representative.
                                                      Rights.                                                 www.regulations.gov. This proposed                       (2) Non-participant persons and
                                                                                                              rule involves establishing a safety zone              vessels desiring to enter, transit through,
                                                      9. Civil Justice Reform                                 that will be enforced from 6:30 a.m.                  anchor in, or remain within a regulated
                                                         This proposed rule meets applicable                  until 11 a.m. on September 20, 2015.                  area may contact the Captain of the Port
                                                      standards in sections 3(a) and 3(b)(2) of               This rule is categorically excluded from              Miami by telephone at 305–535–4472,
                                                      Executive Order 12988, Civil Justice                    further review under paragraph 34(g) of               or a designated representative via VHF
                                                      Reform, to minimize litigation,                         Figure 2–1 of the Commandant                          radio on channel 16. If authorization to
                                                      eliminate ambiguity, and reduce                         Instruction. We seek any comments or                  enter, transit through, anchor in, or
                                                      burden.                                                 information that may lead to the                      remain within a regulated area is
                                                                                                              discovery of a significant environmental              granted by the Captain of the Port
                                                      10. Protection of Children From                         impact from this proposed rule.                       Miami or a designated representative,
                                                      Environmental Health Risks                                                                                    all persons and vessels receiving such
                                                        We have analyzed this proposed rule                   F. List of Subjects in 33 CFR Part 165
                                                                                                                                                                    authorization must comply with the
                                                      under Executive Order 13045,                              Harbors, Marine safety, Navigation                  instructions of the Captain of the Port
                                                      Protection of Children from                             (water), Reporting and recordkeeping                  Miami or a designated representative.
                                                      Environmental Health Risks and Safety                   requirements, Security measures, and                     (3) The Coast Guard will provide
                                                      Risks. This proposed rule is not an                     Waterways.                                            notice of the regulated area by Local
                                                      economically significant rule and would                                                                       Notice to Mariners, Broadcast Notice to
                                                                                                                For the reasons discussed in the
                                                      not create an environmental risk to                                                                           Mariners and on-scene designated
                                                                                                              preamble, the Coast Guard proposes to
                                                      health or risk to safety that might                                                                           representatives.
                                                                                                              amend 33 CFR part 165 as follows:
                                                      disproportionately affect children.                                                                              (d) Effective date. This rule is
                                                                                                              PART 165—REGULATED NAVIGATION                         effective on September 20, 2015. This
                                                      11. Indian Tribal Governments                                                                                 rule will be enforced from 6:30 a.m.
                                                                                                              AREAS AND LIMITED ACCESS AREAS
                                                         This proposed rule does not have                                                                           until 11 a.m. on September 20, 2015.
                                                      tribal implications under Executive                     ■ 1. The authority citation for part 165                Dated: July 30, 2015.
                                                      Order 13175, Consultation and                           continues to read as follows:                         A.J. Gould,
                                                      Coordination with Indian Tribal
                                                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Captain, U.S. Coast Guard, Captain of the
                                                      Governments, because it would not have
                                                                                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Port Miami.
                                                      a substantial direct effect on one or                   Department of Homeland Security Delegation            [FR Doc. 2015–20114 Filed 8–13–15; 8:45 am]
                                                      more Indian tribes, on the relationship                 No. 0170.1.
                                                      between the Federal Government and                                                                            BILLING CODE 9110–04–P

                                                      Indian tribes, or on the distribution of                ■ 2. Add a temporary § 165.T07–0561 to
                                                      power and responsibilities between the                  the undesignated center heading
                                                      Federal Government and Indian tribes.                   Seventh Coast Guard District to read as               DEPARTMENT OF HOMELAND
                                                                                                              follows:                                              SECURITY
                                                      12. Energy Effects
                                                                                                              § 165.T07–0561 Safety Zone; Mack Cycle                Coast Guard
                                                         This proposed rule is not a                          Escape to Miami Triathlon, Biscayne Bay;
                                                      ‘‘significant energy action’’ under                     Miami, FL.                                            33 CFR Part 165
                                                      Executive Order 13211, Actions
                                                      Concerning Regulations That                               (a) Regulated area. The following                   [Docket Number USCG–2015–0483]
                                                      Significantly Affect Energy Supply,                     regulated area is a safety zone. All
                                                                                                              waters of Biscayne Bay, east of Margaret              RIN 1625–AA00
                                                      Distribution, or Use.
                                                                                                              Pace Park, Miami, FL encompassed
                                                      13. Technical Standards                                 within the following points: starting at              Safety Zone; Ironman 70.3 Miami;
                                                                                                              point 1 in position 25°47′40″ N.,                     Miami, FL
                                                        This proposed rule does not use
                                                      technical standards. Therefore, we did                  80°11′07″ W.; thence north to point 2 in              AGENCY:   Coast Guard, DHS.
                                                      not consider the use of voluntary                       position 25°48′12″ N., 80°11′07″ W.;                  ACTION:   Notice of proposed rulemaking.
                                                      consensus standards.                                    thence east to point 3 in position
                                                                                                              25°48′12″ N., 80°10′30″ W.; thence south              SUMMARY:   The Coast Guard proposes to
                                                      14. Environment                                         to point 4 in position 25°47′40″ N.,                  establish a safety zone on the waters of
                                                        We have analyzed this proposed rule                   80°10′30″ W.; thence west back to                     Biscayne Bay, east of Bayfront Park, in
                                                      under Department of Homeland                            origin. All coordinates are North                     Miami, Florida during the 2015 Ironman
                                                      Security Management Directive 023–01                    American Datum 1983.                                  70.3 Miami, a triathlon. The Ironman
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                                                      and Commandant Instruction                                (b) Definition. The term ‘‘designated               70.3 Miami is scheduled to take place
                                                      M16475.lD, which guide the Coast                        representative’’ means Coast Guard                    on October 25, 2015. Approximately
                                                      Guard in complying with the National                    Patrol Commanders, including Coast                    2,500 participants are anticipated to
                                                      Environmental Policy Act of 1969                        Guard coxswains, petty officers, and                  participate in the swim portion of the
                                                      (NEPA) (42 U.S.C. 4321–4370f). The                      other officers operating Coast Guard                  event. No spectators are expected to be
                                                      Coast Guard previously completed a                      vessels, and Federal, state, and local                present during the event. The safety
                                                      Categorical Exclusion Determination for                 officers designated by or assisting the               zone is necessary to ensure the safety of
                                                      this temporary safety zone in 2013. The                 Captain of the Port Miami in the                      the participants, participant vessels, and
                                                      regulation for the 2013 occurrences is                  enforcement of the regulated area.                    the general public during the event.


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Document Created: 2018-02-23 10:58:39
Document Modified: 2018-02-23 10:58:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 31, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Benjamin R. Colbert, 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 Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 48782 
RIN Number1625-AA00

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