Federal Register, Volume 76 Issue 230 (Wednesday, November 30, 2011)
Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)
Rules and Regulations
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2011-30713
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 100
Docket No. USCG-2011-0994
Special Local Regulations; Orange Bowl International Youth Regatta, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing special local regulations on the waters of Biscayne Bay in Miami, Florida during the Orange Bowl International Youth Regatta, a series of sailboat races. The Orange Bowl International Youth Regatta is scheduled to take place from Tuesday, December 27, 2011 through Friday, December 30, 2011. The regatta will be at four separate race courses. Approximately 50 to 200 participants will race on each race course. These special local regulations are necessary to provide for the safety of life on navigable waters during the regatta. The special local regulations establish four race areas, one around each race course. All persons and vessels that are not participating in the regatta are prohibited from entering, transiting through, anchoring in, or remaining within any of the race areas unless authorized by the Captain of the Port Miami or a designated representative.
DATES: This rule is effective from 9:30 a.m. on December 27, 2011 through 5 p.m. on December 30, 2011. This rule will be enforced daily from 9:30 a.m. until 5 p.m. on December 27, 2011 through December 30, 2011.
ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2011-0994 and are available online by going to http://www.regulations.gov, inserting USCG-2011-0994 in the ``Keyword'' box, and then clicking ``Search.'' They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Lieutenant Jennifer S. Makowski, Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email Jennifer.S.Makowski@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366-9826.
The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard did not receive necessary information about the Orange Bowl International Youth Regatta until October 11, 2011. As a result, the Coast Guard did not have sufficient time to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to regatta participants, participant vessels, spectators, and the general public.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to establish special local regulations: 33 U.S.C. 1233.
The purpose of the rule is to insure safety of life on navigable waters of the United States during the Orange Bowl International Youth Regatta.
Discussion of Rule
From December 27, 2011 through December 30, 2011, the Coral Reef Yacht Club is hosting the Orange Bowl International Youth Regatta on Biscayne Bay in Miami, Florida. The regatta will take place at four separate race courses. Over 600 sailboats are expected to participate in the regatta, with an anticipated 50-200 vessels participating at each race course. Although this event occurs annually, and special local regulations have been promulgated in the Code of Federal Regulations at 33 CFR 100.701, these regulations do not: (1) Establish multiple race areas on Biscayne Bay for the regatta; (2) provide sufficient detail regarding the special local regulations that will be enforced during the regatta; (3) list the correct dates for this year's regatta; and (4)
identify the correct event sponsor. Therefore, the special local regulations set forth in 33 CFR 100.701 are inapplicable for this year's Orange Bowl International Youth Regatta.
The special local regulations consist of a series of race areas around the four race courses on Biscayne Bay in Miami, Florida during the Orange Bowl International Youth Regatta. These special local regulations will be enforced daily from 9:30 a.m. until 5 p.m. on December 27, 2011 through December 30, 2011. Persons and vessels are prohibited from entering, transiting through, anchoring, or remaining within any of the race areas unless authorized by the Captain of the Port Miami or a designated representative. Persons and vessels desiring to enter, transit through, anchor in, or remain within any of the race areas may contact the Captain of the Port Miami by telephone at (305) 535-4472, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within any of the race areas 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.
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
Executive Orders 13563, Regulatory Planning and Review, and 12866, Improving Regulation and Regulatory Review, 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 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 section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation under Executive Order 12866.
The economic impact of this rule is not significant for the following reasons: (1) The special local regulations will be enforced for a total of 30 hours; (2) although persons and vessel will not be able to enter, transit through, anchor in, or remain within any of the race areas without authorization from the Captain of the Port Miami or a designated representative, they may operate in the surrounding area during the enforcement periods; (3) persons and vessels may still enter, transit through, anchor in, or remain within the race areas if authorized by the Captain of the Port Miami or a designated representative; and (4) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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 rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of Biscayne Bay encompassed within the special local regulations from 9:30 a.m. on December 27, 2011 through 5 p.m. on December 30, 2011. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction. This rule involves special local regulations issued in conjunction with a regatta. Under figure 2-1, paragraph (34)(h), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.T07-0994 to read as follows:
Sec. 100.T07-0994 Special Local Regulations; Orange Bowl International Youth Regatta, Biscayne Bay, Miami, FL.
(a) Regulated Areas. The following regulated areas are established as special local regulations. All coordinates are North American Datum 1983.
(1) Race Area 1. All waters of Biscayne Bay located within an 800 yard radius of position 25deg43'48.36'' N, 80deg13'03.30'' W.
(2) Race Area 2. All waters of Biscayne Bay located within a 1,400 yard radius of position 25deg43'40.74'' N, 80deg11'37.02'' W.
(3) Race Area 3. All waters of Biscayne Bay located within a 2,000 yard radius of position 25deg42'11.40'' N, 80deg12'44.52'' W.
(4) Race Area 4. All waters of Biscayne Bay located within a 2,000 yard radius of position 25deg40'17.40'' N, 80deg13'26.10'' W.
(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 areas.
(1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated areas unless authorized by the Captain of the Port Miami or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the Port Miami by telephone at (305) 535-4472, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated areas 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 areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Periods. This rule will be enforced daily from 9:30 a.m. until 5 p.m. on December 27, 2011 through December 30, 2011.
Dated: November 2, 2011.
Captain, U.S. Coast Guard, Captain of the Port Miami.
FR Doc. 2011-30713 Filed 11-28-11; 11:15 am
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