[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37540-37542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16261]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0450]
RIN 1625-AA11
Regulated Navigation Area; 4th of July, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area on
Biscayne Bay in Miami, Florida, for multiple 4th of July fireworks
displays throughout the Miami area. This regulation is necessary to
protect the public from hazards associated with boating traffic
expected during 4th of July firework displays throughout the Miami
area. 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 members
with law enforcement authority; and required to follow the instructions
of all law enforcement officials in the area.
DATES: This rule is effective from July 4 until July 5, 2015 and will
be enforced from 7 p.m. on July 4 until 2 a.m. on July 5, 2015.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2015-0450. 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 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 Petty Officer John Jennings, Sector Miami Prevention
Department, Coast Guard; telephone (305) 535-4317, email
[email protected]. If you have questions on viewing the docket,
call Cheryl Collins, 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
The Coast Guard is issuing this 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 NPRM with respect to this temporary
rule because information was recently received regarding the location
of fireworks displays throughout the Miami area. As a result, it was
impracticable to issue this rule with opportunity to comment because
the Coast Guard did not receive notice of Fourth of July firework
displays in time to publish a NPRM.
Historically, there is increased vessel traffic on the waters of
Biscayne Bay during Fourth of July fireworks displays in the Miami
area. Vessel congestion, especially where vessels cross navigational
channels to return to their home marinas at high rates of speed has
resulted in accidents that caused severe injury and death. This RNA is
necessary to better protect the public on this congested waterway.
Under these circumstances, it would be contrary to the public interest
in maintaining safety in Biscayne Bay to delay the effective date of
the temporary final rule.
For the same reason discussed above, 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.
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; 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 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 4th of July festivities.
III. Discussion of the Temporary Final Rule
This temporary final rule will designate a regulated navigation
area encompassing all waters within one nautical mile of the center of
the Intracoastal Waterway to the east and 2\1/2\ nautical miles to the
west from Black Point extending 10 nautical miles north to the
Rickenbacker Causeway Bridge; then encompassing all navigable waters of
the Intracoastal Waterway between the Rickenbacker Causeway Bridge
north to the Julia Tuttle Causeway Bridge, Miami, Florida. The
regulated navigation area will be enforced from 7 p.m. July 4, 2015,
until 2 a.m. July 5, 2015.
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
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instructions of all law enforcement officials 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 areas. Each year numerous vessels congregate in the
waters of Biscayne Bay during launching of the 4th of July fireworks
displays. The close proximity and increased crossing situations of
numerous vessels within the regulated navigation area during 4th of
July poses a hazardous condition.
The regulated navigation area will result in vessels transiting 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 vessel operators from their duty to comply with all other
federal, state, and local laws in the area.
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 only seven hours; (2) 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 being subject to all 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.
B. 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 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 7 p.m. July 4, 2015 until 2 a.m.
July 5, 2015. 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.
C. 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.
D. 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).
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
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Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
L. 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.
M. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
N. 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 for the 4th of
July which will be enforced for seven hours. 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; 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. Revise Sec. 165.779 to read as follows:
Sec. 165.779 Regulated Navigation Area; 4th of July, Biscayne Bay,
Miami, FL.
(a) Regulated area. The regulated navigation area encompasses all
waters of Biscayne Bay between the Julia Tuttle Causeway Bridge and
Black Point contained within an imaginary line connecting the following
points: beginning at Point 1 in position 25[deg]48'38'' N.,
80[deg]10'40'' W.; thence east to Point 2 in position 25[deg]48'38''
N., 80[deg]10'30'' W.; thence southwest to Point 3 in position
25[deg]46'41'' N., 80[deg]10'54'' W.; thence southeast to Point 4 in
position 25[deg]46'17'' N., 80[deg]10'43'' W.; thence southwest to
Point 5 in position 25[deg]45'05'' N., 80[deg]10'50'' W.; thence
southeast to Point 6 in position 25[deg]44'47'' N., 80[deg]10'44'' W.;
thence southeast to Point 7 in position 25[deg]43'29'' N.,
80[deg]09'37'' W.; thence southwest to Point 8 in position
25[deg]42'39'' N., 80[deg]10'35'' W.; thence southwest to Point 9 in
position 25[deg]31'11'' N., 80[deg]13'06'' W.; thence northwest to
Point 10 in position 25[deg]31'31'' N., 80[deg]17'48'' W.; thence
northeast to Point 11 in position 25[deg]43'25'' N., 80[deg]13'17'' W.;
thence northeast to Point 12 in position 25[deg]43'59'' N.,
80[deg]12'04'' W.; thence northeast to Point 13 in position
25[deg]44'46'' N., 80[deg]11'23'' W.; thence northeast to Point 14 in
position 25[deg]46'10'' N., 80[deg]10'59'' W.; thence northwest to
Point 15 in position 25[deg]46'20'' N., 80[deg]11'04'' W.; thence
northeast to Point 16 in position 25[deg]46'44'' N., 80[deg]10'59'' W.;
thence northwest to Point 17 in position 25[deg]47'15'' N.,
80[deg]11'06'' W.; thence northeast to Point 18 in position
25[deg]47'24'' N., 80[deg]11'00'' W.; thence north to Point 19 in
position 25[deg]47'36'' N., 80[deg]11'00'' 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 the enforcement period, the Coast
Guard will provide notice of the regulated area 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 enforced from 7 p.m. on
July 4, 2015 until 2 a.m. on July 5, 2015.
Dated: June 22, 2015.
Scott A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2015-16261 Filed 6-30-15; 8:45 am]
BILLING CODE 9110-04-P