[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37540-37542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0450]
RIN 1625-AA11


Regulated Navigation Area; 4th of July, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area on 
Biscayne Bay in Miami, Florida, for multiple 4th of July fireworks 
displays throughout the Miami area. This regulation is necessary to 
protect the public from hazards associated with boating traffic 
expected during 4th of July firework displays throughout the Miami 
area. 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 members 
with law enforcement authority; and required to follow the instructions 
of all law enforcement officials in the area.

DATES: This rule is effective from July 4 until July 5, 2015 and will 
be enforced from 7 p.m. on July 4 until 2 a.m. on July 5, 2015.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2015-0450. 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 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 Petty Officer John Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, 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

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this temporary 
rule because information was recently received regarding the location 
of fireworks displays throughout the Miami area. As a result, it was 
impracticable to issue this rule with opportunity to comment because 
the Coast Guard did not receive notice of Fourth of July firework 
displays in time to publish a NPRM.
    Historically, there is increased vessel traffic on the waters of 
Biscayne Bay during Fourth of July fireworks displays in the Miami 
area. Vessel congestion, especially where vessels cross navigational 
channels to return to their home marinas at high rates of speed has 
resulted in accidents that caused severe injury and death. This RNA is 
necessary to better protect the public on this congested waterway. 
Under these circumstances, it would be contrary to the public interest 
in maintaining safety in Biscayne Bay to delay the effective date of 
the temporary final rule.
    For the same reason discussed above, 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
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 4th of July festivities.

III. Discussion of the Temporary Final Rule

    This temporary final rule will designate a regulated navigation 
area encompassing all waters within one nautical mile of the center of 
the Intracoastal Waterway to the east and 2\1/2\ nautical miles to the 
west from Black Point extending 10 nautical miles north to the 
Rickenbacker Causeway Bridge; then encompassing all navigable waters of 
the Intracoastal Waterway between the Rickenbacker Causeway Bridge 
north to the Julia Tuttle Causeway Bridge, Miami, Florida. The 
regulated navigation area will be enforced from 7 p.m. July 4, 2015, 
until 2 a.m. July 5, 2015.
    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

[[Page 37541]]

instructions of all law enforcement officials 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 areas. Each year numerous vessels congregate in the 
waters of Biscayne Bay during launching of the 4th of July fireworks 
displays. The close proximity and increased crossing situations of 
numerous vessels within the regulated navigation area during 4th of 
July poses a hazardous condition.
    The regulated navigation area will result in vessels transiting 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 vessel operators from their duty to comply with all other 
federal, state, and local laws in the area.

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 only seven hours; (2) 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 being subject to all 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.

B. 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 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 7 p.m. July 4, 2015 until 2 a.m. 
July 5, 2015. 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.

C. 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.

D. 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).

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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

[[Page 37542]]

Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

L. 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.

M. Technical Standards

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

N. 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 for the 4th of 
July which will be enforced for seven hours. 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Revise Sec.  165.779 to read as follows:


Sec.  165.779  Regulated Navigation Area; 4th of July, Biscayne Bay, 
Miami, FL.

    (a) Regulated area. The regulated navigation area encompasses all 
waters of Biscayne Bay between the Julia Tuttle Causeway Bridge and 
Black Point contained within an imaginary line connecting the following 
points: beginning at Point 1 in position 25[deg]48'38'' N., 
80[deg]10'40'' W.; thence east to Point 2 in position 25[deg]48'38'' 
N., 80[deg]10'30'' W.; thence southwest to Point 3 in position 
25[deg]46'41'' N., 80[deg]10'54'' W.; thence southeast to Point 4 in 
position 25[deg]46'17'' N., 80[deg]10'43'' W.; thence southwest to 
Point 5 in position 25[deg]45'05'' N., 80[deg]10'50'' W.; thence 
southeast to Point 6 in position 25[deg]44'47'' N., 80[deg]10'44'' W.; 
thence southeast to Point 7 in position 25[deg]43'29'' N., 
80[deg]09'37'' W.; thence southwest to Point 8 in position 
25[deg]42'39'' N., 80[deg]10'35'' W.; thence southwest to Point 9 in 
position 25[deg]31'11'' N., 80[deg]13'06'' W.; thence northwest to 
Point 10 in position 25[deg]31'31'' N., 80[deg]17'48'' W.; thence 
northeast to Point 11 in position 25[deg]43'25'' N., 80[deg]13'17'' W.; 
thence northeast to Point 12 in position 25[deg]43'59'' N., 
80[deg]12'04'' W.; thence northeast to Point 13 in position 
25[deg]44'46'' N., 80[deg]11'23'' W.; thence northeast to Point 14 in 
position 25[deg]46'10'' N., 80[deg]10'59'' W.; thence northwest to 
Point 15 in position 25[deg]46'20'' N., 80[deg]11'04'' W.; thence 
northeast to Point 16 in position 25[deg]46'44'' N., 80[deg]10'59'' W.; 
thence northwest to Point 17 in position 25[deg]47'15'' N., 
80[deg]11'06'' W.; thence northeast to Point 18 in position 
25[deg]47'24'' N., 80[deg]11'00'' W.; thence north to Point 19 in 
position 25[deg]47'36'' N., 80[deg]11'00'' 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 the enforcement period, the Coast 
Guard will provide notice of the regulated area 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 7 p.m. on 
July 4, 2015 until 2 a.m. on July 5, 2015.

    Dated: June 22, 2015.
Scott A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2015-16261 Filed 6-30-15; 8:45 am]
 BILLING CODE 9110-04-P