[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49301-49303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20246]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent regulated 
navigation area (RNA) on Biscayne Bay in Miami, Florida. The RNA will 
be enforced annually on the Saturday and Sunday of the second week in 
October (Columbus Day weekend). It includes 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 are: required to transit the RNA 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: The rule will be effective September 9, 2011, and 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.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0044 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0044 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, 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 e-mail Lieutenant Jennifer S. Makowski, Sector Miami Prevention 
Department, Coast Guard; telephone 305-535-8724, e-mail 
[email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 3, 2011, we published a notice of proposed rulemaking (NPRM) 
entitled USCG-2011-0044 in the Federal Register (76 FR 24837). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas (RNAs) and 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 in 
the area and to protect all persons, vessels, and the marine 
environment.

Discussion of Rule

    This rule designates 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 in Miami, Florida. The RNA 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. All vessels within 
the RNA 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 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 RNA during Columbus Day 
weekend poses a hazardous condition. The RNA will 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 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 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 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.

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 RNA will be in effect for only two days each 
year; (2) although during the enforcement period vessels will be 
required to transit the RNA at no more than 15 knots, be subject to 
control by

[[Page 49302]]

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 may 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 will 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 rule will 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 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 RNA on the Saturday and Sunday of the second week in 
October (Columbus Day weekend). For the reasons discussed in the 
Executive Order 12866 and Executive Order 13563 section above, this 
rule will not have significant economic impact on a substantial number 
of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

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.

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.

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.

Energy Effects

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

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 that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph 34(g), of 
the Instruction. This rule involves establishing an RNA, as described 
in paragraph 34(g) of the Instruction, from Featherbed Bank in Biscayne 
Bay north to the Rickenbacker Causeway in Miami, Florida. An

[[Page 49303]]

environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
Add 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 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: June 26, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2011-20246 Filed 8-9-11; 8:45 am]
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