[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72663-72665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29533]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0786]
RIN 1625-AA11


Regulated Navigation Area; Columbus Day Weekend, New Year's Eve 
Events, and Fourth of July Events; Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes amending the Columbus Day weekend 
regulated navigation area on Biscayne Bay in Miami, Florida. The 
proposed amended regulation extends the Biscayne Bay regulated 
navigation enforcement period to New Year's Eve and Fourth of July 
events. It also expands the boundaries of the regulated navigation area 
south to Turkey Point, east to Elliott Key, west to the shoreline, and 
north to the Julia Tuttle Causeway. These regulations are necessary to 
protect the public during Columbus Day weekend, New Year's Eve events, 
and Fourth of July events; periods that have 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. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 21, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0786 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Benjamin R. Colbert, 
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4317, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
E.O. Executive Order
FR Federal Register

[[Page 72664]]

NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Recreational boating traffic on the waters of Biscayne Bay 
increases significantly during Columbus Day, New Year's Eve, and Fourth 
of July events. In recent years, recreational vessel speed, especially 
in crossing navigational channels, contributed to incidents that 
resulted in severe injury and death. This proposed regulation seeks to 
increase public safety on the waters of Biscayne Bay during holidays 
known for increased vessel traffic by requiring vessels to travel at a 
maximum speed of 15 knots. It also subjects recreational vessels to the 
control by Coast Guard and local law enforcement authorities.
    The legal basis for this proposed 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 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, 
New Year's Eve, and the Fourth of July.

III. Discussion of Proposed Rule

    The District Commander for the Coast Guard's Seventh District 
proposes to establish a regulated navigational area in the Biscayne Bay 
from noon on the Saturday preceding Columbus Day to 2 a.m. on Columbus 
Day; from 9 p.m. December 31st until 2 a.m. January 1st; and from 7 
p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled 
in Downtown Miami and Key Biscayne. This regulated navigation area 
would encompass waters of the Biscayne Bay between Julia Tuttle 
Causeway Bridge and Turkey Point in Homestead, Florida.
    All vessels within the proposed regulated navigation area are: (1) 
Required to transit the regulated navigation 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.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    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 for Columbus Day events and less for New 
Year's Eve and Fourth of July events; (2) although, during the 
enforcement period, vessels are required to transit the area at no more 
than 15 knots, are subject to control by the Coast Guard, and are 
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) during the enforcement period, vessels will be 
able to operate in waters that are not encompassed within the regulated 
navigation area without the restrictions imposed by the regulated 
navigation area; and (4) advance notification 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, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in Section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    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.
    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 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 
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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

[[Page 72665]]

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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. 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(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 involves 
establishing a regulated navigation area which will be enforced for 
less than 48 hours. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

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

0
1. The authority citation for 33 CFR 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; Columbus Day Weekend, New 
Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL.

    (a) Regulated area. The regulated navigation area encompasses all 
waters of Biscayne Bay between Julia Tuttle and Turkey Point contained 
within the following points: beginning at Point 1 in position 
25[deg]48'43'' N, 80[deg]08'29'' W; thence south to Point 2 in position 
25[deg]29'07'' N, 80[deg]10'44'' W; thence southwest to Point 3 in 
position 25[deg]25'51'' N, 80[deg]12'00'' W; thence west to Point 4 in 
position 25[deg]25'51'' N, 80[deg]19'42'' W; thence north to Point 5 in 
position 25[deg]29'10'' N, 80[deg]20'58'' W; thence northwest to Point 
6 in position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northwest to 
Point 7 in position 25[deg]48'44'' N, 80[deg]11'17'' 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. 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.
    (d) Enforcement period. (1) This section will be in enforced 
annually on Columbus Day weekend, starting at noon on the Saturday 
before Columbus Day through 2 a.m. on Monday (the Columbus Day 
holiday); from 9 p.m. December 31st until 2 a.m. January 1st; and from 
7 p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled 
in Downtown Miami and Key Biscayne.
    (2) Columbus Day is the federally recognized holiday occurring 
annually on the second Monday in October.

    Dated: November 13, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2015-29533 Filed 11-19-15; 8:45 am]
BILLING CODE 9110-04-P