
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63919-63921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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


