21446 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

(f) Waiver. For any vessel, the Captain 

of the Port, Sector Lake Michigan, or his 

or her designated representative may 

waive any of the requirements of this 

section, upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

Dated: March 28, 2012. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2012–8542 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0178] 

RIN 1625–AA00 

Safety Zone; Volvo Ocean Racing 

Youth Regatta, Biscayne Bay, Miami, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Biscayne Bay in Miami, 

Florida during the Volvo Ocean Racing 

Youth Regatta. The event is scheduled 

to take place on Saturday, May 12, 2012 

and Sunday, May 13, 2012. The safety 

zone is necessary for the safety of race 

participants and the general public 

during the event. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Miami or a 

designated representative. 

DATES: This rule is effective from 9 a.m. 

on May 12, 2012 through 4 p.m. on May 

13, 2012. This rule will be enforced 

daily from 9 a.m. until 4 p.m. on May 

12, 2012 and May 13, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0178 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0178 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. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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 regarding the event until 

February 16, 2012. 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 race 

participants and the general public. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Public Law 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of the rule is to protect 

Volvo Ocean Racing Youth Regatta 

participants and the general public from 

hazards associated with sailing vessels 

racing on the navigable waters of the 

United States. 

Discussion of Rule 

On May 12, 2012 and May 13, 2012, 

the Volvo Ocean Race Miami will be 

hosting the Volvo Ocean Race Youth 

Regatta in Miami, Florida. The event 

will consist of 16 to 36 sailing vessels 

racing in the Port of Miami Turning 

Basin. No spectator vessels are 

expected. 

The safety zone encompasses certain 

navigable waters of Biscayne Bay in 

Miami, Florida. The safety zone will be 

enforced daily from 9 a.m. until 4 p.m. 

on May 12, 2012 and May 13, 2012. 

Persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

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 the safety zone 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 safety 

zone 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 onscene designated representatives. 

Regulatory Analyses 

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, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and 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 safety zone will be enforced for 

a total of 14 hours; (2) although persons 

and vessels will not be able to enter, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21447 

transit through, anchor in, or remain 

within the safety zone 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 safety 

zone 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. 

Small Entities 

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 safety zone 

from 9 a.m. on May 12, 2012 through 4 

p.m. on May 13, 2012. 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). 

Federalism 

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. 

Energy Effects 

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. 

Technical Standards 

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. 

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 

(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)(g), of the Instruction. This rule 

involves establishing a temporary safety 


tkelley on DSK3SPTVN1PROD with RULES
21448 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

zone that will be enforced for a total of 

14 hours. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0178 to 

read as follows: 

§ 165.T07–0178 Safety Zone; Volvo Ocean 

Racing Youth Regatta, Biscayne Bay, 

Miami, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Atlantic Ocean in the 

vicinity of Miami, Florida encompassed 

within an imaginary line connecting the 

following points: Starting at Point 1 in 

position 25°47′12′′ N, 80°11′08′′ W; 

thence east to Point 2 in position 

25°47′13′′ N, 80°10′53′′ W; thence south 

to Point 3 in position 25°46′53′′ N, 

80°10′53′′ W; thence southwest to Point 

4 in position 25°46′47′′ N, 80°10′56′′ W; 

thence west to Point 5 in position 

25°46′49′′ N, 80°11′07′′ W; thence north 

to Point 6 in position 25°46′56′′ N, 

80°11′07′′ W; thence west to Point 7 in 

position 25°46′56′′ N, 80°11′20′′ W; 

thence north to Point 8 in position 

25°46′59′′ N, 80°11′20′′ W; thence east to 

Point 9 in position 25°46′59′′ N, 

80°11′07′′ W; thence north back to 

origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Miami or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Miami by 

telephone at (305) 535–4472, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 

9 a.m. on May 12, 2012 through 4 p.m. 

on May 13, 2012. This rule will be 

enforced daily from 9 a.m. until 4 p.m. 

on May 12, 2012 and May 13, 2012. 

Dated: March 26, 2012. 

C.P. Scraba, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2012–8539 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0146] 

RIN 1625–AA87 

Security Zone; 2012 Fleet Week, Port 

Everglades, Fort Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the waters of Port Everglades in Fort 

Lauderdale, Florida during 2012 Fleet 

Week. 2012 Fleet Week will take place 

from Wednesday, April 25, 2012 

through Monday, April 30, 2012. The 

security zone will encompass the main 

shipping channel into Port Everglades 

Harbor and the Intracoastal Waterway 

through Port Everglades Harbor. The 

security zone will be enforced while 

U.S. Navy vessels participating in 2012 

Fleet Week transit into and out of Port 

Everglades. The security zone is 

necessary to ensure the safety and 

security of U.S. Navy vessels, the 

public, and surrounding waterway from 

terrorist acts, sabotage or other 

subversive acts, accidents, or other 

causes of a similar nature. Entering or 

remaining in this security zone is 

prohibited unless authorized by the 

Captain of the Port Miami or a 

designated representative. 

DATES: This rule is effective from 6 a.m. 

on April 25, 2012 through 1 p.m. on 

April 30, 2012. This rule will be 

enforced from 6 a.m. until 1 p.m. on 

April 25, 2012 and April 30, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0146 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0146 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. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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. The Coast 

Guard did not receive necessary 

information regarding the event with 

sufficient time to publish an NPRM and 

to receive public comments in advance 

of the effective date of the security zone. 

Any delay in the effective date of this 

rule would be contrary to the public 

interest as immediate action is needed 

to protect U.S. Navy vessels, the public, 


tkelley on DSK3SPTVN1PROD with RULES