[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42652-42653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17771]

[[Page 42652]]



Department of the Army, Corps of Engineers

33 CFR Part 334

Meloy Channel, U.S. Coast Guard Base Miami Beach, FL; Restricted 

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Final rule.


SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending the 
regulations at 33 CFR part 334 to establish a new restricted area in 
the waters surrounding the U.S. Coast Guard Base Miami Beach, Florida 
(Base Miami Beach). Base Miami Beach is composed of multiple U.S. Coast 
Guard (USCG) units, both land and waterside. The facility has one of 
the highest operational tempos in the USCG for both routine and 
emergency operations. The amendment to the regulations is necessary to 
enhance the USCG's ability to secure their shoreline to counter 
postulated threats against their personnel, equipment, cutters, and 
facilities by providing stand-off corridors encompassing the waters 
immediately contiguous to Base Miami Beach. The amendment will also 
serve to protect the general public from injury or property damage 
during routine and emergency USCG operations and provide an explosive 
safety arc buffer during periodic transfer of ammunitions between 
units, including cutters.

DATES: Effective date: August 20, 2012.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Jon M. Griffin, U.S. Army Corps of Engineers, 
Jacksonville District, Regulatory Division, at 904-232-1680.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 
U.S.C. 3) the Corps is amending the regulation at 33 CFR part 334 by 
establishing a new restricted area in the waters near Meloy Channel, 
Government Cut Channel, and Miami Main Channel surrounding Base Miami 
Beach. The amendment to the regulation is described below.
    The proposed rule was published in the May 3, 2012, issue of the 
Federal Register (77 FR 26229), and its regulations.gov docket number 
is COE-2012-0009. No comments were received in response to the proposed 
    The amendment to this regulation will allow the Commander, U.S. 
Coast Guard Base Miami Beach to restrict passage of persons, 
watercraft, and vessels in waters contiguous to this Command, thereby 
increasing the ability to protect the facilities and personnel at Base 
Miami Beach from potential threats. The amendment will also provide a 
measure of protection to the public by reducing the potential for 
injury or property damage during routine and emergency USCG operations 
at the facilities and by providing a permanent explosive safety arc 
during the transfer of ammunition between cutters.

Procedural Requirements

    a. Review Under Executive Order 12866. This regulation is issued 
with respect to a military function of the Department of Defense and 
the provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. The regulation has 
been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) 
which requires the preparation of a regulatory flexibility analysis for 
any regulation that will have a significant economic impact on a 
substantial number of small entities (i.e., small businesses and small 
governments). The Corps determined that this regulation would have 
practically no economic impact on the public nor would it result in any 
anticipated navigational hazard or interference with existing waterway 
traffic. This regulation will have no significant economic impact on 
small entities.
    c. Review Under the National Environmental Policy Act. This 
regulation will not have a significant impact to the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement is not required. An environmental assessment has been 
prepared. It may be reviewed at the district office listed at the end 
    d. Unfunded Mandates Act. This regulation does not impose an 
enforceable duty among the private sector and, therefore, is not a 
Federal private sector mandate and is not subject to the requirements 
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found under 
Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this regulation.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.

    For the reasons set out in the preamble, the Corps is amending 33 
CFR part 334 as follows:


1. The authority citation for part 334 continues to read as follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

2. Add Sec.  334.605 to read as follows:

Sec.  334.605  Meloy Channel, U.S. Coast Guard Base Miami Beach, 
Florida; restricted area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States as defined at 33 CFR part 329, within the 
area bounded by a line connecting the following coordinates: Commencing 
from the shoreline at latitude 25[deg]46'20.07'' N, longitude 
080[deg]08'50.94'' W; thence to latitude 25[deg]46'22.69'' N, longitude 
080[deg]08'44.01'' W; thence to latitude 25[deg]46'22.02'' N, longitude 
080[deg]08'42.14'' W; thence to latitude 25[deg]46'12.23'' N, longitude 
080[deg]08'35.33'' W; thence to latitude 25[deg]46' 09.13'' N, 
longitude 080[deg]08'40.74'' W; thence to latitude 25[deg]46'11.63'' N, 
longitude 080[deg]08'43.36'' W; thence to latitude 25[deg]46'17.22'' N, 
longitude 080[deg]08'47.17'' W; thence to latitude 25[deg]46'17.15'' N, 
longitude 080[deg]08'47.62'' W; thence to latitude 25[deg]46'17.63'' N, 
longitude 080[deg]08'49.33'' W; thence to latitude 25[deg]46'18.91'' N, 
longitude 080[deg]08'50.24'' W; thence proceed directly to a point on 
the shoreline at latitude 25[deg]46'18.76'' N, longitude 
080[deg]08'50.71'' W thence following the mean high water line to the 
point of beginning.
    (b) The regulations. (1) The restricted area described in paragraph 
(a) of this section is only open to U.S. Government vessels. U.S. 
Government vessels include, but are not limited to, U.S. Coast Guard 
and Coast Guard Auxiliary vessels, Department of Defense vessels, state 
and local law enforcement and emergency services vessels, and vessels 
under contract with the U.S. Government. Warning signs notifying 
individuals of the restricted area boundary and prohibiting all 
unauthorized entry into the area will be posted along the property 
boundary and, as appropriate, on the piers of the MacArthur Causeway 
Bridge adjacent to the restricted area.

[[Page 42653]]

    (2) All persons, vessels, and other craft are prohibited from 
entering, transiting, drifting, dredging, or anchoring within the 
restricted area described in paragraph (a) of this section without 
prior approval from the Base Commander, U.S. Coast Guard Base Miami 
Beach or his/her designated representative.
    (3) Fishing, trawling, net-fishing, and other aquatic activities 
are prohibited in the restricted area without prior approval from the 
Base Commander, U.S. Coast Guard Base Miami Beach or his/her designated 
    (4) The restrictions described in paragraph (b) of this section are 
in effect 24 hours a day, 7 days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Base Commander, U.S. Coast Guard Base Miami Beach and/or such 
persons or agencies as he/she may designate.

    Dated: July 16, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-17771 Filed 7-19-12; 8:45 am]