80_FR_64123 80 FR 63919 - Safety Zone; Ironman 70.3 Miami; Miami, FL

80 FR 63919 - Safety Zone; Ironman 70.3 Miami; Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range63919-63921
FR Document2015-26832

The Coast Guard is establishing a safety zone on the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during the 2015 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is scheduled to take place on October 25, 2015. 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 ensure the safety of participants, vessels, and the general public during the event. Persons and vessels, except those participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63919-63921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26832]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0483]
RIN 1625-AA00


Safety Zone; Ironman 70.3 Miami; Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
Biscayne Bay, east of Bayfront Park, in Miami, Florida during the 2015 
Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is scheduled to 
take place on October 25, 2015. 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 ensure the safety of participants, vessels, and the 
general public during the event. Persons and vessels, except those 
participating in the event, are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area unless 
authorized by the Captain of the Port Miami or a designated 
representative.

DATES: This rule is effective and will be enforced from 6 a.m. to 11 
a.m. on October 25, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0483 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Benjamin Colbert, Waterways Management 
Division, U.S. Coast Guard; telephone 305-535-4317, email 
Benjamin.R.Colbert@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 63920]]

DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 27, 2015, the Miami Tri Events, LLC notified the Coast Guard 
that from 6:30 a.m. to 10 a.m., on October 25, 2015, it will organize a 
triathlon with a swim portion in Biscayne Bay east of Bayfront Park. In 
response, on August 14, 2015, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Mack Ironman 70.3, 
Biscayne Bay; Miami, FL (80 FR 48784). There, we stated why we issued 
the NPRM and invited comments on our proposed regulatory action related 
to this swim event. During the comment period that ended September 28, 
2015, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. There was insufficient time 
between the close of the comment period and the event date to publish 
with 30 days or more before the effective date. In order to ensure the 
safety of the public during this event, the Coast Guard finds it 
necessary to establish this safety zone during the Ironman 70.3 swim 
event. Delay in publishing this rule would be impracticable, as the 
event will take place in less than 30 days. In addition to being 
impracticable, delay in publishing this rule would be contrary to 
public interest. This rule is required in order to ensure the safety of 
event participants as they swim across a busy waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 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 Captain of 
the Port Miami (COTP) has determined that potential hazards associated 
with this swim event warrant a temporary safety zone. This zone will 
ensure necessary precautions are in place to mitigate dangers to human 
life.

IV. Discussion of Comments and the Rule

    As noted above, we received no comments on the NPRM published on 
August 14, 2015. The regulatory text of this rule is unchanged from the 
rule proposed in the NPRM.
    This rule will establish a safety zone that will encompass certain 
waters of Biscayne Bay, Miami, Florida. The safety zone will be 
enforced from 6 a.m. until 11 a.m. on October 25, 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will be enforced for only five 
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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

[[Page 63921]]

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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(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 a safety zone lasting less than 5 hours. It is 
categorically excluded from further review under paragraph 34(g) 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.

G. 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 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.T07-0483 to read as follows:


Sec.  165.T07-0483  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-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by Captain of the 
Port Miami or a designated representative.
    (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 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 safety zone by Local 
Notice to Mariners, Broadcast Notice to Mariners and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced on October 25, 
2015 from 6 a.m. until 11:00 a.m.

    Dated: October 16, 2015.
M.C. Long,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2015-26832 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                            63919

                                                  operating schedule to perform operating                 Click on Open Docket Folder on the line               end of the designated time period. This
                                                  machinery installation.                                 associated with this deviation.                       deviation from the operating regulations
                                                     Under this temporary deviation, the                  FOR FURTHER INFORMATION CONTACT: If                   is authorized under 33 CFR 117.35.
                                                  Metropolitan Ave. Bridge may remain in                  you have questions on this temporary                    Dated: October 16, 2015.
                                                  the closed position from 6 a.m. on                      deviation, call or email the Bridge                   Steven M. Fischer,
                                                  November 2, 2015 through 5 p.m. on                      Administrator, Coast Guard Thirteenth                 Bridge Administrator, Thirteenth Coast Guard
                                                  November 5, 2015.                                       District; telephone 206–220–7234 email                District.
                                                     Vessels able to pass through the                     d13-pf-d13bridges@uscg.mil.                           [FR Doc. 2015–26819 Filed 10–21–15; 8:45 am]
                                                  bridge in the closed positions may do so                SUPPLEMENTARY INFORMATION:                            BILLING CODE 9110–04–P
                                                  at any time. The bridge will not be able                Multnomah County has requested that
                                                  to open for emergencies and there is no                 the Hawthorne Bridge, mile 13.1, across
                                                  immediate alternate route for vessel to                 the Willamette River at Portland,                     DEPARTMENT OF HOMELAND
                                                  pass.                                                   Oregon remain in the closed-to-                       SECURITY
                                                     The Coast Guard will also inform the
                                                                                                          navigation position from 5 a.m. until 5
                                                  users of the waterways through our                                                                            Coast Guard
                                                                                                          p.m. on November 15, 2015 to allow for
                                                  Local and Broadcast Notice to Mariners
                                                                                                          critical maintenance repairs to the
                                                  of the change in operating schedule for                                                                       33 CFR Part 165
                                                                                                          bridge lifting mechanism.
                                                  the bridge so that vessels can arrange                     The Hawthorne Bridge is a vertical lift
                                                  their transits to minimize any impact                                                                         [Docket Number USCG–2015–0483]
                                                                                                          bridge providing 49 feet of vertical
                                                  caused by the temporary deviation.                      clearance in the closed-to-navigation                 RIN 1625–AA00
                                                     In accordance with 33 CFR 117.35(e),
                                                                                                          position, and unlimited clearance in the              Safety Zone; Ironman 70.3 Miami;
                                                  the drawbridge must return to its regular
                                                                                                          open position referenced to the vertical              Miami, FL
                                                  operating schedule immediately at the
                                                                                                          clearance above Columbia River Datum
                                                  end of the effective period of this                                                                           AGENCY:     Coast Guard, DHS.
                                                                                                          0.0. The Hawthorne Bridge operates in
                                                  temporary deviation. This deviation
                                                                                                          accordance with 33 CFR 117.897, which                 ACTION:    Temporary final rule.
                                                  from the operating regulations is
                                                                                                          allows the bridge to remain closed
                                                  authorized under 33 CFR 117.35.                                                                               SUMMARY:   The Coast Guard is
                                                                                                          between 7 a.m. and 9 a.m. and 4 p.m.
                                                    Dated: October 8, 2015.                               and 6 p.m. Monday through Friday. No                  establishing a safety zone on the waters
                                                  C.J. Bisignano,                                         advance notice for an opening is                      of Biscayne Bay, east of Bayfront Park,
                                                  Supervisory Bridge Management Specialist,               required.                                             in Miami, Florida during the 2015
                                                  First Coast Guard District.                                Moderate to heavy vessel traffic exists            Ironman 70.3 Miami, a triathlon. The
                                                  [FR Doc. 2015–26957 Filed 10–21–15; 8:45 am]            on this part of the Willamette River,                 Ironman 70.3 Miami is scheduled to
                                                                                                          including vessels ranging from                        take place on October 25, 2015.
                                                  BILLING CODE 9110–04–P
                                                                                                          commercial tug and barge to small                     Approximately 2,500 participants are
                                                                                                          pleasure craft. The average number of                 anticipated to participate in the swim
                                                  DEPARTMENT OF HOMELAND                                  drawbridge openings for the time                      portion of the event. No spectators are
                                                  SECURITY                                                covered by this deviation is three lifts.             expected to be present during the event.
                                                                                                          This deviation allows the lift span of the            The safety zone is necessary to ensure
                                                  Coast Guard                                             Hawthorne Bridge across the Willamette                the safety of participants, vessels, and
                                                                                                          River, mile 13.1, to remain in the                    the general public during the event.
                                                  33 CFR Part 117                                         closed-to-navigation position, and need               Persons and vessels, except those
                                                                                                          not open for maritime traffic from 5 a.m.             participating in the event, are prohibited
                                                  [Docket No. USCG–2015–0967]                                                                                   from entering, transiting through,
                                                                                                          until 5 p.m. on November 15, 2015. The
                                                  Drawbridge Operation Regulation;                        bridge shall operate in accordance to 33              anchoring in, or remaining within the
                                                  Willamette River, Portland, OR                          CFR 117.897 at all other times.                       regulated area unless authorized by the
                                                                                                             Vessels able to pass through the                   Captain of the Port Miami or a
                                                  AGENCY: Coast Guard, DHS.                               bridge in the closed-to-navigation                    designated representative.
                                                  ACTION: Notice of temporary deviation                   position may do so at anytime. The                    DATES: This rule is effective and will be
                                                  from regulations.                                       bridge will not be able to immediately                enforced from 6 a.m. to 11 a.m. on
                                                                                                          open for emergencies, and there is no                 October 25, 2015.
                                                  SUMMARY:    The Coast Guard has issued a                                                                      ADDRESSES: To view documents
                                                                                                          immediate alternate route for vessels to
                                                  temporary deviation from the operating                                                                        mentioned in this preamble as being
                                                                                                          pass. However, with a two hour
                                                  schedule that governs the Hawthorne                                                                           available in the docket, go to http://
                                                                                                          notification for an emergency opening
                                                  Bridge, mile 13.1, across the Willamette                                                                      www.regulations.gov, type USCG–2015–
                                                                                                          request, the lift mechanism may be
                                                  River at Portland, OR. The deviation is                                                                       0483 in the ‘‘SEARCH’’ box and click
                                                                                                          reassembled for the lift span to be
                                                  necessary for maintenance repairs to the                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          opened. Major waterway users have
                                                  bridge lifting mechanism. This                                                                                Folder on the line associated with this
                                                                                                          been notified and coordinated with for
                                                  deviation allows the bridges to remain                                                                        rule.
                                                                                                          this deviation period. The Coast Guard
                                                  in the closed-to-navigation position to
                                                                                                          will also inform the users of the                     FOR FURTHER INFORMATION CONTACT: If
                                                  allow safe and timely movement of
                                                                                                          waterways through our Local and                       you have questions on this rule, call or
                                                  workers.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          Broadcast Notices to Mariners of the                  email Petty Officer Benjamin Colbert,
                                                  DATES:  This deviation is effective from                change in operating schedule for the                  Waterways Management Division, U.S.
                                                  5 a.m. to 5 p.m. on November 15, 2015.                  bridges so that vessels can arrange their             Coast Guard; telephone 305–535–4317,
                                                  ADDRESSES: The docket for this                          transits to minimize any impact caused                email Benjamin.R.Colbert@uscg.mil.
                                                  deviation, [USCG–2015–0967] is                          by the temporary deviation.                           SUPPLEMENTARY INFORMATION:
                                                  available at http://www.regulations.gov.                   In accordance with 33 CFR 117.35(e),
                                                  Type the docket number in the                           the drawbridge must return to its regular             I. Table of Abbreviations
                                                  ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                    operating schedule immediately at the                 CFR      Code of Federal Regulations



                                             VerDate Sep<11>2014   16:39 Oct 21, 2015   Jkt 238001   PO 00000   Frm 00031   Fmt 4700   Sfmt 4700   E:\FR\FM\22OCR1.SGM   22OCR1


                                                  63920            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  DHS Department of Homeland Security                     this rule is unchanged from the rule                  persons and vessels may still enter,
                                                  E.O. Executive order                                    proposed in the NPRM.                                 transit through, anchor in, or remain
                                                  FR Federal Register                                       This rule will establish a safety zone              within the event area during the
                                                  NPRM Notice of proposed rulemaking                      that will encompass certain waters of                 enforcement period if authorized by the
                                                  Pub. L. Public Law                                      Biscayne Bay, Miami, Florida. The
                                                  § Section
                                                                                                                                                                Captain of the Port Miami or a
                                                  U.S.C. United States Code
                                                                                                          safety zone will be enforced from 6 a.m.              designated representative; and (4) the
                                                                                                          until 11 a.m. on October 25, 2015. The                Coast Guard will provide advance
                                                  II. Background Information and                          safety zone will establish an area around             notification of the safety zone to the
                                                  Regulatory History                                      the swim portion of the event where                   local maritime community by Local
                                                     On May 27, 2015, the Miami Tri                       non-participant persons and vessels are               Notice to Mariners and Broadcast Notice
                                                  Events, LLC notified the Coast Guard                    prohibited from entering, transiting,                 to Mariners.
                                                  that from 6:30 a.m. to 10 a.m., on                      anchoring, or remaining within. Non-
                                                                                                          participant persons and vessels may                   B. Impact on Small Entities
                                                  October 25, 2015, it will organize a
                                                                                                          request authorization to enter, transit                  The Regulatory Flexibility Act of
                                                  triathlon with a swim portion in
                                                                                                          through, anchor in, or remain within the              1980, 5 U.S.C. 601–612, as amended,
                                                  Biscayne Bay east of Bayfront Park. In
                                                                                                          event area by contacting the Captain of               requires Federal agencies to consider
                                                  response, on August 14, 2015, the Coast
                                                                                                          the Port Miami by telephone at 305–                   the potential impact of regulations on
                                                  Guard published a notice of proposed
                                                                                                          535–4472, or a designated                             small entities during rulemaking. The
                                                  rulemaking (NPRM) titled Safety Zone;
                                                                                                          representative via VHF radio on channel               term ‘‘small entities’’ comprises small
                                                  Mack Ironman 70.3, Biscayne Bay;
                                                                                                          16. If authorization to enter, transit                businesses, not-for-profit organizations
                                                  Miami, FL (80 FR 48784). There, we
                                                                                                          through, anchor in, or remain within the              that are independently owned and
                                                  stated why we issued the NPRM and
                                                                                                          event area is granted by the Captain of               operated and are not dominant in their
                                                  invited comments on our proposed
                                                                                                          the Port Miami or a designated                        fields, and governmental jurisdictions
                                                  regulatory action related to this swim                  representative, all persons and vessels
                                                  event. During the comment period that                                                                         with populations of less than 50,000.
                                                                                                          receiving such authorization must                     The Coast Guard received no comments
                                                  ended September 28, 2015, we received                   comply with the instructions of the
                                                  no comments.                                                                                                  from the Small Business Administration
                                                                                                          Captain of the Port Miami or a                        on this rulemaking. The Coast Guard
                                                     Under 5 U.S.C. 553(d)(3), the Coast                  designated representative. The Coast
                                                  Guard finds that good cause exists for                                                                        certifies under 5 U.S.C. 605(b) that this
                                                                                                          Guard will provide notice of the safety               rule will not have a significant
                                                  making this rule effective less than 30                 zone by Local Notice to Mariners,
                                                  days after publication in the Federal                                                                         economic impact on a substantial
                                                                                                          Broadcast Notice to Mariners, and on-                 number of small entities.
                                                  Register. There was insufficient time                   scene designated representatives.
                                                  between the close of the comment                                                                                 While some owners or operators of
                                                  period and the event date to publish                    V. Regulatory Analyses                                vessels intending to transit the safety
                                                  with 30 days or more before the                           We developed this rule after                        zone may be small entities, for the
                                                  effective date. In order to ensure the                  considering numerous statutes and                     reasons stated in section V.A above, this
                                                  safety of the public during this event,                 executive orders (E.O.s) related to                   rule will not have a significant
                                                  the Coast Guard finds it necessary to                   rulemaking. Below we summarize our                    economic impact on any vessel owner
                                                  establish this safety zone during the                   analyses based on a number of these                   or operator.
                                                  Ironman 70.3 swim event. Delay in                       statutes and E.O.s, and we discuss First                 Under section 213(a) of the Small
                                                  publishing this rule would be                           Amendment rights of protestors.                       Business Regulatory Enforcement
                                                  impracticable, as the event will take                                                                         Fairness Act of 1996 (Pub. L. 104–121),
                                                  place in less than 30 days. In addition                 A. Regulatory Planning and Review                     we want to assist small entities in
                                                  to being impracticable, delay in                           E.O.s 12866 and 13563 direct agencies              understanding this rule. If the rule
                                                  publishing this rule would be contrary                  to assess the costs and benefits of                   would affect your small business,
                                                  to public interest. This rule is required               available regulatory alternatives and, if             organization, or governmental
                                                  in order to ensure the safety of event                  regulation is necessary, to select                    jurisdiction and you have questions
                                                  participants as they swim across a busy                 regulatory approaches that maximize                   concerning its provisions or options for
                                                  waterway.                                               net benefits. E.O. 13563 emphasizes the               compliance, please contact the person
                                                                                                          importance of quantifying both costs                  listed in the FOR FURTHER INFORMATION
                                                  III. Legal Authority and Need for Rule                                                                        CONTACT section.
                                                                                                          and benefits, of reducing costs, of
                                                    The Coast Guard is issuing this rule                  harmonizing rules, and of promoting                      Small businesses may send comments
                                                  under authority in 33 U.S.C. 1231; 50                   flexibility. This rule has not been                   on the actions of Federal employees
                                                  U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      designated a ‘‘significant regulatory                 who enforce, or otherwise determine
                                                  6.04–6, and 160.5; Department of                        action,’’ under E.O. 12866. Accordingly,              compliance with, Federal regulations to
                                                  Homeland Security Delegation No.                        it has not been reviewed by the Office                the Small Business and Agriculture
                                                  0170.1. The Captain of the Port Miami                   of Management and Budget.                             Regulatory Enforcement Ombudsman
                                                  (COTP) has determined that potential                       The economic impact of this rule is                and the Regional Small Business
                                                  hazards associated with this swim event                 not significant for the following reasons:            Regulatory Fairness Boards. The
                                                  warrant a temporary safety zone. This                   (1) The safety zone will be enforced for              Ombudsman evaluates these actions
                                                  zone will ensure necessary precautions                  only five hours; (2) although non-                    annually and rates each agency’s
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                                                  are in place to mitigate dangers to                     participant persons and vessels will not              responsiveness to small business. If you
                                                  human life.                                             be able to enter, transit through, anchor             wish to comment on actions by
                                                                                                          in, or remain within the event area                   employees of the Coast Guard, call 1–
                                                  IV. Discussion of Comments and the                      without authorization from the Captain                888–REG–FAIR (1–888–734–3247). The
                                                  Rule                                                    of the Port Miami or a designated                     Coast Guard will not retaliate against
                                                    As noted above, we received no                        representative, they may operate in the               small entities that question or complain
                                                  comments on the NPRM published on                       surrounding area during the                           about this rule or any policy or action
                                                  August 14, 2015. The regulatory text of                 enforcement period; (3) non-participant               of the Coast Guard.


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                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                            63921

                                                  C. Collection of Information                            review under paragraph 34(g) of Figure                  (c) Regulations. (1) Non-participant
                                                    This rule will not call for a new                     2–1 of the Commandant Instruction. An                 persons and vessels are prohibited from
                                                  collection of information under the                     environmental analysis checklist                      entering, transiting through, anchoring
                                                  Paperwork Reduction Act of 1995 (44                     supporting this determination and a                   in, or remaining within the regulated
                                                  U.S.C. 3501–3520).                                      Categorical Exclusion Determination are               area unless authorized by Captain of the
                                                                                                          available in the docket where indicated               Port Miami or a designated
                                                  D. Federalism and Indian Tribal                         under ADDRESSES. We seek any                          representative.
                                                  Governments                                             comments or information that may lead                    (2) Non-participant persons and
                                                     A rule has implications for federalism               to the discovery of a significant                     vessels may request authorization to
                                                  under E.O. 13132, Federalism, if it has                 environmental impact from this rule.                  enter, transit through, anchor in, or
                                                  a substantial direct effect on the States,                                                                    remain within the regulated area by
                                                                                                          G. Protest Activities
                                                  on the relationship between the national                                                                      contacting the Captain of the Port Miami
                                                  government and the States, or on the                      The Coast Guard respects the First                  by telephone at 305–535–4472, or a
                                                  distribution of power and                               Amendment rights of protesters.                       designated representative via VHF radio
                                                  responsibilities among the various                      Protesters are asked to contact the                   on channel 16. If authorization is
                                                  levels of government. We have analyzed                  person listed in the FOR FURTHER                      granted by the Captain of the Port
                                                  this rule under that Order and have                     INFORMATION CONTACT section to                        Miami or a designated representative,
                                                  determined that it is consistent with the               coordinate protest activities so that your            all persons and vessels receiving such
                                                  fundamental federalism principles and                   message can be received without                       authorization must comply with the
                                                  preemption requirements described in                    jeopardizing the safety or security of                instructions of the Captain of the Port
                                                  E.O. 13132.                                             people, places or vessels.                            Miami or a designated representative.
                                                     Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                      (3) The Coast Guard will provide
                                                  implications under E.O. 13175,                                                                                notice of the safety zone by Local Notice
                                                  Consultation and Coordination with                        Harbors, Marine safety, Navigation                  to Mariners, Broadcast Notice to
                                                  Indian Tribal Governments, because it                   (water), Reporting and recordkeeping                  Mariners and on-scene designated
                                                  does not have a substantial direct effect               requirements, Security measures,                      representatives.
                                                  on one or more Indian tribes, on the                    Waterways.                                               (d) Enforcement period. This rule will
                                                  relationship between the Federal                          For the reasons discussed in the                    be enforced on October 25, 2015 from 6
                                                  Government and Indian tribes, or on the                 preamble, the Coast Guard amends 33                   a.m. until 11:00 a.m.
                                                  distribution of power and                               CFR part 165 as follows:                                 Dated: October 16, 2015.
                                                  responsibilities between the Federal
                                                                                                          PART 165— REGULATED                                   M.C. Long,
                                                  Government and Indian tribes. If you
                                                  believe this rule has implications for                  NAVIGATION AREAS AND LIMITED                          Captain, U.S. Coast Guard, Acting Captain
                                                                                                          ACCESS AREAS                                          of the Port Miami.
                                                  federalism or Indian tribes, please
                                                                                                                                                                [FR Doc. 2015–26832 Filed 10–21–15; 8:45 am]
                                                  contact the person listed in the FOR
                                                  FURTHER INFORMATION CONTACT section
                                                                                                          ■ 1. The authority citation for part 165              BILLING CODE 9110–04–P

                                                  above.                                                  continues to read as follows:
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             DEPARTMENT OF HOMELAND
                                                    The Unfunded Mandates Reform Act                      Department of Homeland Security Delegation            SECURITY
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.
                                                  Federal agencies to assess the effects of                                                                     Coast Guard
                                                                                                          ■ 2. Add a temporary § 165.T07–0483 to
                                                  their discretionary regulatory actions. In              read as follows:
                                                  particular, the Act addresses actions                                                                         33 CFR Part 165
                                                  that may result in the expenditure by a                 § 165.T07–0483 Safety Zone; Ironman 70.3              [Docket Number USCG–2015–0906]
                                                  State, local, or tribal government, in the              Miami, Biscayne Bay; Miami, FL.
                                                                                                            (a) Regulated area. The following                   RIN 1625–AA00
                                                  aggregate, or by the private sector of
                                                  $100,000,000 (adjusted for inflation) or                regulated area is a safety zone. All
                                                                                                                                                                Safety Zone; Pago Pago Harbor,
                                                  more in any one year. Though this rule                  waters of Biscayne Bay located east of
                                                                                                                                                                American Samoa
                                                  will not result in such an expenditure,                 Bayfront Park and encompassed within
                                                  we do discuss the effects of this rule                  the following points: Starting at Point 1             AGENCY:    Coast Guard, DHS.
                                                  elsewhere in this preamble.                             in position 25°46′44″ N., 080°10′59″ W.;              ACTION:   Temporary final rule.
                                                                                                          thence southeast to Point 2 in position
                                                  F. Environment                                          25°46′24″ N., 080°10′44″ W.; thence                   SUMMARY:   The Coast Guard is
                                                    We have analyzed this rule under                      southwest to Point 3 in position                      establishing a safety zone during the
                                                  Department of Homeland Security                         25°46′18″ N., 080°11′05″ W.; thence                   2015 Fautasi Ocean Challenge in Pago
                                                  Management Directive 023–01 and                         north to Point 4 in position 25°46′33″                Pago Harbor, American Samoa. This
                                                  Commandant Instruction M16475.lD,                       N., 080°11′05″ W.; thence northeast back              action is necessary to safeguard the
                                                  which guide the Coast Guard in                          to origin. All coordinates are North                  participants and spectators, including
                                                  complying with the National                             American Datum 1983.                                  all crews, vessels, and persons on the
                                                  Environmental Policy Act of 1969(42                       (b) Definition. The term ‘‘designated               water in Pago Pago Harbor during the
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                                                  U.S.C. 4321–4370f), and have                            representative’’ means Coast Guard                    Fautasi Race. This regulation will
                                                  determined that this action is one of a                 Patrol Commanders, including Coast                    functionally close the port to
                                                  category of actions that do not                         Guard coxswains, petty officers, and                  commercial vessel traffic during the
                                                  individually or cumulatively have a                     other officers operating Coast Guard                  start and finish of the race, but will not
                                                  significant effect on the human                         vessels, and Federal, state, and local                require the evacuation of any vessels
                                                  environment. This rule involves a safety                officers designated by or assisting the               from harbor. Entry into, transiting, or
                                                  zone lasting less than 5 hours. It is                   Captain of the Port Miami in the                      anchoring in the harbor is prohibited to
                                                  categorically excluded from further                     enforcement of the regulated area.                    all vessels not registered with the


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Document Created: 2015-12-14 15:34:23
Document Modified: 2015-12-14 15:34:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective and will be enforced from 6 a.m. to 11 a.m. on October 25, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Benjamin Colbert, Waterways Management Division, U.S. Coast Guard; telephone 305-535-4317, email [email protected]
FR Citation80 FR 63919 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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