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