[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37158-37160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13656]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0786]
RIN 1625-AA11
Regulated Navigation Area; Holiday Events; Biscayne Bay, Miami,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the Columbus Day Weekend regulated
navigation area on Biscayne Bay in Miami, Florida. The proposed amended
regulation extends the Biscayne Bay regulated navigation enforcement
period to New Year's Eve and Fourth of July events. It also expands the
boundaries of the regulated navigation area south to Turkey Point, east
to Elliott Key, west to the shoreline, and north to the Julia Tuttle
Causeway. These regulations are necessary to protect the public during
these events, which are periods that have 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 is effective July 11, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0786 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, Sector Miami Waterways
Management Branch, U.S. Coast Guard; telephone 305-535-4317, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
Recreational boating traffic on the waters of Biscayne Bay
increases significantly during New Year's Eve, Fourth of July, and
Columbus Day Weekend events. In recent years, recreational vessel
speed, especially in crossing navigational channels, contributed to
incidents that resulted in severe injury and death. This regulation
seeks to increase public safety on the waters of Biscayne Bay during
New Year's Eve, Fourth of July, and Columbus Day Weekend, holidays
known for increased vessel traffic, by requiring vessels to travel at a
maximum speed of 15 knots. It also subjects recreational vessels to the
control by Coast Guard and local law enforcement authorities. On
November 20, 2015 the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Regulated Navigation Area; Columbus Day
Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne
Bay, Miami, FL (80 FR 72663). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 21,
2015, we received no comments.
III. Legal Authority and Need for Rule
The legal basis for this 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 District
Seven Commander has determined that potential hazards associated with
New Year's Eve, Fourth of July, and Columbus Day Weekend events pose a
safety concern for anyone on the waters of Biscayne Bay. The
[[Page 37159]]
purpose of this rule is to ensure safety of vessels and the navigable
waters in Biscayne Bay before, during, and after the New Year's Eve,
Fourth of July, and Columbus Day Weekend events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
November 20, 2015. There are no significant changes in the regulatory
text of this rule from the proposed rule in the NPRM. This rule
establishes a regulated navigation area Columbus Day weekend, starting
at noon on the Saturday before Columbus Day through 2 a.m. on Monday
(the Columbus Day holiday); from 9 p.m. December 31st until 2 a.m.
January 1st; and from 7 p.m. until 2 a.m. on the night Fourth of July
fireworks are scheduled in Downtown Miami and Key Biscayne.
This regulated navigation area will encompass waters of Biscayne
Bay between Julia Tuttle Causeway Bridge and Turkey Point in Homestead,
Florida. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after New Year's
Eve, Fourth of July, and Columbus Day Weekend Holidays.
All vessels within the proposed regulated navigation area are: (1)
Required to transit the regulated navigation 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.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Although the
regulated navigation area covers most of Biscayne Bay, it is only
enforced for a maximum of 38 hours during three holiday weekends.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 to provide notice of the zone and the
regulations that allow vessels to enter the regulated navigation area.
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
regulated navigation area 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.
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 is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the
[[Page 37160]]
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. Revise Sec. 165.779 to read as follows:
Sec. 165.779 Regulated Navigation Area; Holiday Events; Biscayne Bay,
Miami, FL.
(a) Regulated area. The regulated navigation area encompasses all
waters of Biscayne Bay between Julia Tuttle and Turkey Point contained
within the following points: Beginning at Point 1 in position
25[deg]48'43'' N, 80[deg]08'29'' W; thence south to Point 2 in position
25[deg]29'07'' N, 80[deg]10'44'' W; thence southwest to Point 3 in
position 25[deg]25'51'' N, 80[deg]12'00'' W; thence west to Point 4 in
position 25[deg]25'51'' N, 80[deg]19'42'' W; thence north to Point 5 in
position 25[deg]29'10'' N, 80[deg]20'58'' W; thence north to Point 6 in
position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northeast to Point
7 in position 25[deg]48'44'' N, 80[deg]11'17'' W; thence back to
origin. All coordinates are North American Datum 1983.
(b) Definitions. (1) 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.
(2) The term ``Columbus Day'' means the federally recognized
holiday occurring annually on the second Monday in October.
(c) Regulations. 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.
(d) Enforcement period. This section will be in enforced annually
on Columbus Day weekend, starting at noon on the Saturday before
Columbus Day through 2 a.m. on Monday (the Columbus Day holiday); from
9 p.m. December 31st until 2 a.m. January 1st; and from 7 p.m. until 2
a.m. on the night Fourth of July fireworks are scheduled in Downtown
Miami and Key Biscayne.
Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-13656 Filed 6-8-16; 8:45 am]
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