[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24837-24840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10665]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0044]
RIN 1625-AA11


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent regulated 
navigation area (RNA) on Biscayne Bay in Miami, Florida. The RNA would 
be enforced annually on the Saturday and Sunday of the second week in 
October (Columbus Day weekend). It would include all waters within one 
nautical mile of the center of the Intracoastal Waterway between 
Featherbed Bank and the Rickenbacker Causeway Bridge. All vessels 
within the RNA would be: 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. This RNA is necessary to ensure the safe transit of 
vessels and to protect the marine environment.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 14, 2011. Requests for public meetings must be 
received by the Coast Guard on or before June 14, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0044 using any one of the following methods:

[[Page 24838]]

    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Paul A. Steiner, Sector Miami 
Prevention Department, Coast Guard; telephone 305-535-8724, e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0044), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0044'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0044'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a public meeting on or before June 14, 2011 using one of 
the four methods specified under ADDRESSES. Please explain why you 
believe a public meeting would be beneficial. If we determine that one 
would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish regulated navigation areas (RNAs) and limited 
access areas: 33 U.S.C. 1226, 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.
    The purpose of the proposed rule is to ensure the safe transit of 
vessels in the area and to protect all persons, vessels, and the marine 
environment.

Discussion of Proposed Rule

    The proposed rule would designate an RNA encompassing all waters 
within one nautical mile of the center of the Intracoastal Waterway 
from Featherbed Bank extending 14 nautical miles north to the 
Rickenbacker Causeway Bridge. The RNA would be enforced daily from 
12:01 p.m. until 11:59 p.m. on the Saturday and Sunday of the second 
week in October (Columbus Day weekend) each year. All vessels within 
the regulated navigation area would be: (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 RNA is necessary to ensure the safety of the public. The close 
proximity of numerous vessels transiting that portion of the 
Intracoastal Waterway encompassed within the proposed RNA during 
Columbus Day weekend poses a hazardous condition. The RNA would result 
in the transiting of vessels at a safer speed, thereby significantly 
reducing the threat of vessel collisions. Requiring vessels within the 
RNA to transit at no more than 15 knots would 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 would alleviate vessels or operators from complying 
with all other Federal, state, and local laws in the area, including 
manatee slow speed zones.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

[[Page 24839]]

Executive Order 12866 and Executive Order 13563

    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, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    The economic impact of this rule is not significant for the 
following reasons: (1) The proposed RNA would be in effect for only two 
days each year; (2) although during the enforcement period vessels 
would be required to transit the area at no more than 15 knots, be 
subject to control by the Coast Guard, and be required to follow the 
instructions of all law enforcement vessels in the area, the RNA does 
not prohibit vessels from transiting the area; (3) vessels could still 
operate in surrounding waters that are not encompassed within the RNA 
without the restrictions imposed by the RNA; and (4) advance 
notification of the RNA's enforcement would be made to the local 
maritime community via Local Notice to Mariners and Broadcast Notice to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 proposed 
rule would 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 RNA on the Saturday and Sunday of the second 
week in October (Columbus Day weekend). For the reasons discussed in 
the Regulatory Planning and Review section above, this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Paul A. Steiner, 
Sector Miami Prevention Department, Coast Guard; telephone 305-535-
8724, e-mail [email protected]. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 24840]]

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

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing an RNA, as described in paragraph 34(g) of 
the Instruction. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 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.

    2. Add 33 CFR 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 in Biscayne Bay between Featherbed Bank and the Rickenbacker 
Causeway Bridge contained within an imaginary line connecting the 
following points: beginning at Point 1 in position 25[deg] 44'49'' N, 
80[deg] 12'02'' W; thence southwest to Point 2 in position 25[deg] 
31'21'' N, 80[deg] 15'28'' W; thence southeast to Point 3 in position 
25[deg] 30'53'' N, 80[deg] 13'20'' W; thence northeast to Point 4 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) During each enforcement period, 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.
    (d) Enforcement Period. This rule will be enforced daily from 12:01 
p.m. until 11:59 p.m. on the Saturday and Sunday of the second week in 
October (Columbus Day weekend) each year.

    Dated: April 7, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2011-10665 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P