[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Proposed Rules]
[Pages 43554-43557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18151]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area on Biscayne Bay in Miami, Florida. The regulated navigation area 
will be enforced annually from Saturday of the second week through 
Monday of the third week in October (Columbus Day weekend). The 
regulated navigation area will include certain waters of Biscayne Bay 
between Rickenbacker Causeway Bridge and Coon Point on Elliot Key. All 
vessels within the regulated navigation area 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 regulated navigation 
area is necessary 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 24, 2012. Requests for public meetings must 
be received by the Coast Guard August 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0191 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Lieutenant Jennifer S. Makowski, Sector Miami 
Prevention Department, U.S. Coast Guard; telephone (305) 535-8724, 
email [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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0191), 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 at 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, 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 email 
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, 
type the docket number (USCG-2012-0191) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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

[[Page 43555]]

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 proposed 
rule based on your comments.

2. 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, 
type the docket number (USCG-2012-0191) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Basis and Purpose

    The legal basis for the proposed 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 proposed 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.

C. Discussion of Proposed Rule

    The proposed rule would designate a regulated navigation area 
encompassing certain waters of Biscayne Bay between Rickenbacker 
Causeway Bridge and Coon Point on Elliot Key in Miami, Florida.
    The regulated navigation area would be enforced from 12:01 p.m. on 
Saturday of the second week in October through 2 a.m. on Monday of the 
third 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 regulated navigation area is necessary to ensure the safety of 
the public. The close proximity of numerous vessels transiting that 
portion of Biscayne Bay encompassed within the proposed regulated 
navigation area during Columbus Day weekend poses a hazardous 
condition. The regulated navigation area would result in the transiting 
of vessels at a safer speed, thereby significantly reducing the threat 
of vessel collisions. Requiring vessels within the regulated navigation 
area 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.

D. Regulatory Analyses

    We developed this proposed 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.

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1) 
The regulated navigation area would be enforced for less than 28 hours 
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 regulated navigation 
area does not prohibit vessels from transiting the area; (3) vessels 
would 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 would be made to the 
local maritime community via Local Notice to Mariners and Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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 proposed 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 of the second week in October through 2 a.m. on 
Monday of the third week in October (Columbus Day weekend) each year. 
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 proposed 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 proposed rule would economically affect it.

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 proposed rule. If the proposed 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

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listed in the FOR FURTHER INFORMATION CONTACT section above. 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 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 proposed rule under that Order and 
determined that this rule 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 
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.

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

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

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

14. 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. This proposed rule is 
categorically excluded under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. This proposed rule involves establishing a 
regulated navigation area, as described in paragraph 34(g) of the 
Commandant Instruction, which will be enforced for less than 28 hours 
each year. A preliminary environmental analysis checklist supporting 
this determination is 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 proposed 
rule.

E. 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. 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. 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 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

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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 enforced from 12:01 p.m. 
on Saturday of the second week through 2 a.m. on Monday of the third 
week in October (Columbus Day weekend) each year.

    Dated: June 20, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2012-18151 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P