[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62437-62440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25126]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0191]
RIN 1625-AA11


Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay, 
Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending the Columbus Day weekend regulated 
navigation area on Biscayne Bay in Miami, Florida. The amended 
regulated navigation area alters the boundaries of the area and expands 
the enforcement period. These regulations are necessary to protect the 
public during Columbus Day weekend; a period that has historically had 
a significant concentration of persons and vessels on the waters of 
Biscayne Bay. To ensure the public's safety, all vessels within the 
regulated navigation area are: Required to transit the regulated 
navigation area at no more than 15 knots; subject to control by the 
Coast Guard; and required to follow the instructions of all law 
enforcement vessels in the area.

DATES: This rule will be effective November 14, 2012 and will be 
enforced annually on Columbus Day weekend, starting at 12:01 p.m. on 
the Saturday before Columbus Day, through 2 a.m. on Monday (the 
Columbus Day holiday). Columbus Day is the federally recognized holiday 
occurring annually on the second Monday in October.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2012-0191. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 62438]]

Folder on the line associated with this rulemaking. You may also visit 
the Docket Management Facility in room W12-140 on the ground floor of 
the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
Mike.H.Wu@uscg.mil. If you have questions on viewing the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

I. Regulatory History and Information

    On July 25, 2012, we published a Notice of Proposed Rulemaking 
(NPRM) entitled USCG-2012-0191 in the Federal Register (73 FR 2012-
18151). We received no comments on the proposed rule. No public meeting 
was requested, and none was held.
    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. Our experience in administering 
the current Biscayne Bay Columbus Day regulated navigation area (RNA), 
established in 2011 and contained in 33 CFR 165.779, persuaded us that 
altering the dimensions of the RNA and slightly extending the hours of 
its enforcement is necessary to better protect the public. During this 
period, numerous vessels concentrate on the waters of Biscayne Bay 
during the high traffic hours of Columbus Day weekend. This rule is 
necessary to protect the public on this congested waterway, including 
during Columbus Day 2012. Under these circumstances, it would be 
contrary to the public interest in maintaining safety in Biscayne Bay 
to delay the effective date of the final.

II. 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 ensure the safe transit of vessels 
and to protect persons, vessels, and the marine environment within the 
regulated navigation area during the Columbus Day weekend.

III. Discussion of Comments, Changes and the Final Rule

    While no comments were receiving following the NPRM, the final rule 
has been modified by clarifying that Columbus Day weekend is the 
weekend preceding the second Monday of October.
    This final rule revises the existing Biscayne Bay Columbus Day RNA 
in 33 CFR 165.779 by altering the RNA's boundaries and revising the 
enforcement period, extending it by two hours into the early morning of 
Columbus Day. The revised RNA encompasses certain waters of Biscayne 
Bay between Rickenbacker Causeway Bridge and Coon Point on Elliot Key 
in Miami, Florida.
    All vessels within the regulated navigation area are: (1) Required 
to transit the area at no more than 15 knots; (2) subject to control by 
the Coast Guard; and (3) required to follow the instructions of all law 
enforcement vessels in the area.
    The regulated navigation area is necessary to ensure the safety of 
the public during a time of heightened vessel traffic in the 
aforementioned area. Each year numerous recreation vessels, which 
include an annual sailing regatta, congregate in the waters of Biscayne 
Bay during Columbus Day weekend. The close proximity of numerous 
vessels within the proposed regulated navigation area during Columbus 
Day weekend poses a hazardous condition.
    The regulated navigation area will result in the transiting of 
vessels at a reduced speed, thereby significantly reducing the threat 
of vessel collisions. Requiring vessels within the regulated navigation 
area to transit at no more than 15 knots will also enable law 
enforcement officials to identify, respond to, query, and stop 
operators who may pose a hazard to other vessels in the area. Nothing 
in this regulation alleviates the requirement for vessel operators from 
complying with all other federal, state, and local laws in the area, 
including manatee slow speed zones.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The regulated navigation area will be enforced 
for less than 2 days each year; (2) although, during the enforcement 
period, vessels are required to transit the area at no more than 15 
knots, be subjected to control by the Coast Guard, and be required to 
follow the instructions of all law enforcement vessels in the area, the 
regulated navigation area does not prohibit vessels from transiting the 
area; (3) vessels will still be able operate in surrounding waters that 
are not encompassed within the regulated navigation area without the 
restrictions imposed by the regulated navigation area; and (4) advance 
notification of the regulated navigation area will be made to the local 
maritime community via Local Notice to Mariners and Broadcast Notice to 
Mariners.
2. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 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 rule. 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 transit 
the regulated navigation area from 12:01 p.m. on Saturday until 2 a.m. 
on Monday on the weekend preceding the federally recognized holiday of 
Columbus Day occurring annually on the second

[[Page 62439]]

Monday in October. 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.
3. Assistance for Small Entities
    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, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on 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 does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves establishing a regulated navigation area to ensure 
the safe transit of vessels and to protect persons, vessels, and the 
marine environment within the regulated navigation area during the 
Columbus Day weekend, which will be enforced for less than 2 days each 
year. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. An environmental analysis checklist 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.

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; 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.

0
2. Revise Sec.  165.779 to read as follows:


Sec.  165.779  Regulated Navigation Area; Columbus Day Weekend, 
Biscayne Bay, Miami, FL.

    (a) Regulated Area. The regulated navigation area encompasses all 
waters of Biscayne Bay between Rickenbacker Causeway Bridge and Coon 
Point, Elliot Key contained within an imaginary line connecting the 
following points: beginning at Point 1 in position 25[deg]44'49'' N, 
80[deg]12'04'' W; thence southwest to Point 2 in position 
25[deg]30'00'' N, 80[deg]15'48'' W; thence southeast to Point 3 in 
position 25[deg]28'22'' N, 80[deg]15'00'' W; thence east to Point 4 in 
position 25[deg]28'23'' N, 80[deg]12'53'' W; thence northeast to Point 
5 in position 25[deg]30'00'' N, 80[deg]12'06'' W; thence west to Point 
6 in position

[[Page 62440]]

25[deg]30'00'' N, 80[deg]13'17'' W; thence northwest to Point 7 in 
position 25[deg]30'53'' N, 80[deg]13'21'' W; thence northeast to Point 
8 in position 25[deg]43'57'' N, 80[deg]10'01'' W; thence 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 vessels within the regulated area are 
required to transit at no more than 15 knots, are subject to control by 
the Coast Guard, and must follow the instructions of designated 
representatives.
    (2) At least 48 hours prior to each enforcement period, the Coast 
Guard will provide notice of the regulated area through advanced notice 
via Local Notice to Mariners and Broadcast Notice to Mariners. The 
Coast Guard will also provide notice of the regulated area by on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be in enforced annually on 
Columbus Day weekend, starting at 12:01 p.m. on the Saturday before 
Columbus Day, through 2:00 a.m. on Monday (the Columbus Day holiday). 
Columbus Day is the federally recognized holiday occurring annually on 
the second Monday in October.


    Dated: September 28, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2012-25126 Filed 10-12-12; 8:45 am]
BILLING CODE 9110-04-P