Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations 54585

All waters within a 75-yard radius DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: around Swim Around Charleston SECURITY Table of Acronyms participant vessels that are officially associated with the swim. The Swim Coast Guard DHS Department of Homeland Security Around Charleston swimming race FR Federal Register NPRM Notice of Proposed Rulemaking consists of a 10-mile course that starts 33 CFR Part 165 at Remley’s Point on the Wando River [Docket Number USCG–2013–0688] A. Regulatory History and Information ° ′ ″ in approximate position 32 48 49 N, The Coast Guard is issuing this ° ′ ″ RIN 1625–AA00 79 54 27 W, crosses the main shipping temporary final rule without prior channel of Charleston Harbor, and Safety Zone; Escape to notice and opportunity to comment finishes at the General William B. Triathlon, , Miami, FL pursuant to authority under section 4(a) Westmoreland Bridge on the Ashley of the Administrative Procedure Act AGENCY: Coast Guard, DHS. River in approximate position 32°50′14″ (APA) (5 U.S.C. 553(b)). This provision ACTION: N, 80°01′23″ W. All coordinates are Temporary final rule. authorizes an agency to issue a rule North American Datum 1983. SUMMARY: The Coast Guard is without prior notice and opportunity to (b) Definition. The term ‘‘designated establishing a temporary safety zone on comment when the agency for good representative’’ means Coast Guard the waters of Biscayne Bay, east of cause finds that those procedures are Patrol Commanders, including Coast Margaret Pace Park, Miami, ‘‘impracticable, unnecessary, or contrary Guard coxswains, petty officers, and during the Escape to Miami to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that other officers operating Coast Guard Triathlon. The Publix Escape to Miami good cause exists for not publishing a vessels, and Federal, state, and local Triathlon is scheduled to take place on notice of proposed rulemaking (NPRM) officers designated by or assisting the September 29, 2013. Approximately 2,100 participants are anticipated to with respect to this rule because the Captain of the Port Charleston in the participate in the swim portion of this Coast Guard did not have sufficient time enforcement of the regulated area. event. This safety zone is necessary to to publish an NPRM and to receive (c) Regulations. (1) All persons and provide for the safety of the participants public comments prior to the event. Any vessels are prohibited from entering, and general public on the navigable delay in the effective date of this rule transiting through, anchoring in, or waters of the United States during the would be contrary to the public interest remaining within the regulated area event. The safety zone establishes a because immediate action is needed to unless authorized by the Captain of the regulated area that will encompass the minimize potential danger to Port Charleston or a designated swim area. Non-participant persons and participants and the general public. representative. vessels will be prohibited from entering, For the same reason discussed above, transiting through, anchoring in, or under 5 U.S.C. 553(d)(3) the Coast (2) Persons and vessels desiring to remaining within the regulated area Guard finds that good cause exists for enter, transit through, anchor in, or unless authorized by the Captain of the making this rule effective less than 30 remain within the regulated area may Port Miami or a designated days after publication in the Federal contact the Captain of the Port representative. Register. Charleston by telephone at 843–740– 7050, or a designated representative via DATES: This rule will be enforced from B. Basis and Purpose VHF radio on channel 16, to request 6:30 a.m. to 10 a.m. on September 29, The legal basis for the rule is the authorization. If authorization to enter, 2013. Coast Guard’s authority to establish transit through, anchor in, or remain ADDRESSES: Documents mentioned in safety zones: 33 U.S.C. 1231; 46 U.S.C. within the regulated area is granted by this preamble are part of docket USCG– Chapter 701, 3306, 3703; 50 U.S.C. 191, the Captain of the Port Charleston or a 2013–0688. To view documents 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, mentioned in this preamble as being designated representative, all persons 160.5; Public Law 107–295, 116 Stat. available in the docket, go to http:// and vessels receiving such authorization 2064; Department of Homeland Security www.regulations.gov, type the docket must comply with the instructions of Delegation No. 0170.1. The purpose of number in the ‘‘SEARCH’’ box and click the rule is to provide for the safety of the Captain of the Port Charleston or a ‘‘SEARCH.’’ Click on Open Docket designated representative. life on navigable waters of the United Folder on the line associated with this States during the Publix Escape to (3) The Coast Guard will provide rulemaking. You may also visit the Miami Triathlon. notice of the regulated area by Local Docket Management Facility in Room Notice to Mariners, Broadcast Notice to W12–140 on the ground floor of the C. Discussion of Final Rule Mariners, and on-scene designated Department of Transportation West On September 29, 2013, US Road representatives. Building, 1200 New Jersey Avenue SE., Sports and Entertainment Group are (d) Effective Date. This rule is Washington, DC 20590, between 9 a.m. sponsoring the Publix Escape to Miami and 5 p.m., Monday through Friday, effective from 9:15 a.m. until 3:30 p.m. Triathlon. The event will be held on the except Federal holidays. on September 29, 2013. waters of Biscayne Bay, east of Margaret FOR FURTHER INFORMATION CONTACT: If Pace Park, Miami, Florida. Dated: August 14, 2013. you have questions on this rule, call or Approximately 2,100 participants are R.R. Rodriguez, email John K. Jennings, Sector Miami anticipated to participate in the swim Captain, U.S. Coast Guard, Captain of the Prevention Department, U.S. Coast portion of this event. Port Charleston. Guard; telephone (305) 535–4317, email The rule will establish a safety zone [FR Doc. 2013–21635 Filed 9–4–13; 8:45 am] [email protected]. If you have that will encompass certain waters of BILLING CODE 9110–04–P questions on viewing or submitting Biscayne Bay, Miami, Florida. The material to the docket, call Barbara safety zone will be enforced from 6:30 Hairston, Program Manager, Docket a.m. until 10 a.m. on September 29, Operations, telephone (202) 366–9826. 2013. The safety zone will encompass

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the event area where all non-participant 2. Impact on Small Entities 5. Federalism persons and vessels are prohibited from The Regulatory Flexibility Act of 1980 A rule has implications for federalism entering, transiting through, anchoring under Executive Order 13132, in, or remaining within. (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the Federalism, if it has a substantial direct Non-participant persons and vessels effect on the States, on the relationship may request authorization to enter the potential impact of regulations on small entities during rulemaking. The term between the national government and event area by contacting the Captain of the States, or on the distribution of the Port Miami by telephone at 305– ‘‘small entities’’ comprises small power and responsibilities among the 535–4472, or a designated businesses, not-for-profit organizations various levels of government. We have representative via VHF radio on channel that are independently owned and analyzed this rule under that Order and 16. If authorization to enter, transit operated and are not dominant in their determined that this rule does not have through, anchor in, or remain within the fields, and governmental jurisdictions implications for federalism. event area is granted by the Captain of with populations of less than 50,000. the Port Miami or a designated The Coast Guard certifies under 5 6. Protest Activities representative, all persons and vessels U.S.C. 605(b) that this rule will not have The Coast Guard respects the First receiving such authorization must a significant economic impact on a Amendment rights of protesters. comply with the instructions of the substantial number of small entities. Protesters are asked to contact the Captain of the Port Miami or a This rule may affect the following person listed in the FOR FURTHER designated representative. The Coast entities, some of which may be small INFORMATION CONTACT section to Guard will provide notice of the safety entities: The owners or operators of coordinate protest activities so that your zone by Local Notice to Mariners, vessels intending to enter, transit message can be received without Broadcast Notice to Mariners, and on- through, anchor in, or remain within the jeopardizing the safety or security of scene designated representatives. regulated area during the respective people, places or vessels. D. Regulatory Analyses enforcement period. For the reasons 7. Unfunded Mandates Reform Act We developed this rule after discussed in the Regulatory Planning and Review Section above, this rule will The Unfunded Mandates Reform Act considering numerous statutes and of 1995 (2 U.S.C. 1531–1538) requires executive orders related to rulemaking. not have a significant economic impact Federal agencies to assess the effects of Below we summarize our analyses on a substantial number of small their discretionary regulatory actions. In based on these statutes and executive entities. particular, the Act addresses actions orders. 3. Assistance for Small Entities that may result in the expenditure by a 1. Regulatory Planning and Review State, local, or tribal government, in the Under section 213(a) of the Small This rule is not a significant aggregate, or by the private sector of Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or regulatory action under section 3(f) of Fairness Act of 1996 (Public Law 104– Executive Order 12866, Regulatory more in any one year. Though this rule 121), we want to assist small entities in will not result in such an expenditure, Planning and Review, as supplemented understanding this rule. If the rule by Executive Order 13563, Improving we do discuss the effects of this rule would affect your small business, elsewhere in this preamble. Regulation and Regulatory Review, and organization, or governmental does not require an assessment of jurisdiction and you have questions 8. Taking of Private Property potential costs and benefits under concerning its provisions or options for This rule will not cause a taking of section 6(a)(3) of Executive Order 12866 compliance, please contact the person or under section 1 of Executive Order private property or otherwise have listed in the FOR FURTHER INFORMATION taking implications under Executive 13563. The Office of Management and CONTACT, above. Budget has not reviewed it under those Order 12630, Governmental Actions and Orders. The economic impact of this Small businesses may send comments Interference with Constitutionally rule is not significant for the following on the actions of Federal employees Protected Property Rights. reasons: (1) The safety zone will be who enforce, or otherwise determine 9. Civil Justice Reform compliance with, Federal regulations to enforced for only three hour and one This rule meets applicable standards half hours; (2) although non-participant the Small Business and Agriculture Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive persons and vessels will not be able to Order 12988, Civil Justice Reform, to enter, transit through, anchor in, or and the Regional Small Business Regulatory Fairness Boards. The minimize litigation, eliminate remain within the event area without ambiguity, and reduce burden. authorization from the Captain of the Ombudsman evaluates these actions Port Miami or a designated annually and rates each agency’s 10. Protection of Children responsiveness to small business. If you representative, they may operate in the We have analyzed this rule under wish to comment on actions by surrounding area during the Executive Order 13045, Protection of employees of the Coast Guard, call 1– enforcement period; (3) non-participant Children from Environmental Health 888–REG–FAIR (1–888–734–3247). The persons and vessels may still enter, Risks and Safety Risks. This rule is not Coast Guard will not retaliate against transit through, anchor in, or remain an economically significant rule and small entities that question or complain within the event area during the does not create an environmental risk to about this rule or any policy or action enforcement period if authorized by the health or risk to safety that may of the Coast Guard. Captain of the Port Miami or a disproportionately affect children. designated representative; and (4) the 4. Collection of Information Coast Guard will provide advance 11. Indian Tribal Governments notification of the safety zone to the This rule will not call for a new This rule does not have tribal local maritime community by Local collection of information under the implications under Executive Order Notice to Mariners and Broadcast Notice Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination to Mariners. U.S.C. 3501–3520). with Indian Tribal Governments,

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because it does not have a substantial § 165.T07–0688 Safety Zone; Publix DEPARTMENT OF HOMELAND direct effect on one or more Indian Escape to Miami Triathlon, Biscayne Bay; SECURITY Tribes, on the relationship between the Miami, FL. Federal Government and Indian Tribes, (a) Regulated Area. The following Coast Guard or on the distribution of power and regulated area is established as a safety 33 CFR Part 165 responsibilities between the Federal zone. All coordinates are North Government and Indian Tribes. American Datum 1983. All waters of [Docket No. USCG–2010–0063] 12. Energy Effects Biscayne Bay, east of Margaret Pace Park, Miami, FL encompassed within Safety Zones; Annual Firework This action is not a ‘‘significant Displays Within the Captain of the energy action’’ under Executive Order the following points: Starting at Point 1 ° ′ ″ ° ′ ″ Port, Puget Sound Zone 13211, Actions Concerning Regulations in position 25 47 40 N, 80 11 07 W; That Significantly Affect Energy Supply, thence north to Point 2 in position AGENCY: Coast Guard, DHS. ° ′ ″ ° ′ ″ Distribution, or Use. 25 48 12 N, 80 11 07 W; thence east to ACTION: Notice of enforcement of Point 3 in 25°48′12″ N, 80°10′30″ W; regulation. 13. Technical Standards thence south to Point 4 in position This rule does not use technical 25°47′40″ N, 80°10′30″ W; thence west SUMMARY: The Coast Guard will enforce standards. Therefore, we did not back to origin. the safety zones for annual firework consider the use of voluntary consensus displays in the Captain of the Port, (b) Definition. The term ‘‘designated standards. Puget Sound Zone during the dates and representative’’ means Coast Guard times noted below. This action is 14. Environment Patrol Commanders, including Coast necessary to prevent injury and to We have analyzed this rule under Guard coxswains, petty officers, and protect life and property of the maritime Department of Homeland Security other officers operating Coast Guard public from the hazards associated with Management Directive 023–01 and vessels, and Federal, state, and local the firework displays. During the Commandant Instruction M16475.lD, officers designated by or assisting the enforcement periods, entry into, transit which guide the Coast Guard in Captain of the Port Miami in the through, mooring, or anchoring within complying with the National enforcement of the regulated area. these zones is prohibited unless Environmental Policy Act of 1969 (c) Regulations. (1) All non- authorized by the Captain of the Port, (NEPA) (42 U.S.C. 4321–4370f), and participant persons and vessels are Puget Sound or Designated have determined that this action is one prohibited from entering, transiting Representative. of a category of actions that do not through, anchoring in, or remaining DATES: The regulations in 33 CFR individually or cumulatively have a within the event area without 165.1332 will be enforced from 5:00 significant effect on the human authorization from the Captain of the p.m. on September 7, 2013 through 1:00 environment. This rule involves the Port Miami or a designated a.m. on September 8, 2013. creation of a safety zone. This rule is categorically excluded from further representative. FOR FURTHER INFORMATION CONTACT: If review under paragraph 34(g) of Figure (2) Non-participants persons and you have questions on this notice, call 2–1 of the Commandant Instruction. An vessels desiring to enter, transit through, or email LTJG Johnny Zeng, Sector environmental analysis checklist anchor in, or remain within a regulated Puget Sound Waterways Management, supporting this determination and a area may contact the Captain of the Port Coast Guard; telephone 206–217–6175, Categorical Exclusion Determination are Miami by telephone at 305–535–4472, [email protected]. available in the docket where indicated or a designated representative via VHF SUPPLEMENTARY INFORMATION: The Coast under ADDRESSES. We seek any radio on channel 16. If authorization to Guard will enforce the safety zones comments or information that may lead enter, transit through, anchor in, or established for Annual Fireworks to the discovery of a significant remain within a regulated area is Displays within the Captain of the Port, Puget Sound Area of Responsibility in environmental impact from this rule. granted by the Captain of the Port 33 CFR 165.1332 during the dates and Miami or a designated representative, List of Subjects in 33 CFR Part 165 times noted below. all persons and vessels receiving such Harbors, Marine safety, Navigation The following safety zone will be (water), Reporting and recordkeeping authorization must comply with the enforced from 5:00 p.m. on September requirements, Security measures, and instructions of the Captain of the Port 7, 2013 through 1:00 a.m. on September Waterways. Miami or a designated representative. 8, 2013: Mukilteo Lighthouse Festival, For the reasons discussed in the (3) The Coast Guard will provide Possession Sound, 47°56.9′ N, 122°18.6′ preamble, the Coast Guard amends 33 notice of the regulated area by Local W. CFR part 165 as follows: Notice to Mariners, Broadcast Notice to The special requirements listed in 33 Mariners and on-scene designated CFR 165.1332, which can be found in PART 165—REGULATED NAVIGATION representatives. the Federal Register (75 FR 33700) AREAS AND LIMITED ACCESS AREAS published on June 15, 2010, apply to the (d) Effective Date. This rule will be activation and enforcement of these ■ 1. The authority citation for part 165 enforced from 6:30 a.m. until 10 a.m. on safety zones. continues to read as follows: September 29, 2013. All vessel operators who desire to Authority: 33 U.S.C. 1231; 46 U.S.C. Dated: August 14, 2013. enter the safety zone must obtain Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; A.J. Gould, permission from the Captain of the Port 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Captain, U.S. Coast Guard, Captain of the or Designated Representative by 107–295, 116 Stat. 2064; Department of Port Miami. contacting the Coast Guard Sector Puget Homeland Security Delegation No. 0170.1. Sound Joint Harbor Operations Center [FR Doc. 2013–21628 Filed 9–4–13; 8:45 am] ■ 2. Add a temporary § 165.T07–0688 to (JHOC) on VHF Ch 13 or Ch 16 or via read as follows: BILLING CODE 9110–04–P telephone at (206) 217–6002.

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