[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5129-5131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01287]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0830]
RIN 1625-AA87


Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone over 
certain navigable waters of Biscayne Bay during Super Bowl 2020 events 
in Miami, Florida. The security zone is necessary to protect the 
official party, public, and surrounding waterway from terrorist acts, 
sabotage or other subversive acts, accidents, or other hazards of a 
similar nature. This regulation requires vessels transit through the 
security zone at a steady speed and not stop or anchor unless 
authorized by the Captain of the Port Miami (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from January 29, 
2020 through February 3, 2020. For the purposes of enforcement, actual 
notice will be used from January 26, 2020, until January 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0830 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Omar Beceiro, Sector Miami Waterways Management Division, U.S. 
Coast Guard at 305-535-4317 or by email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The City of Miami will be hosting Super Bowl LIV (54) on February 
2, 2020. In addition, several venues and hotels in the City of Miami 
downtown area will host Super Bowl-related events during the week 
preceding the Super Bowl. Major event venues include Bayfront Park, 
Adrienne Arsht Center for the Performing Arts, and JW Marriott Marquis 
Hotel. The Coast Guard anticipates these events will draw large crowds 
and present a security concern since the venues may be accessed from or 
are in close proximity to the Biscayne Bay waterfront. The COTP has 
determined the ease of waterfront access to the various venues hosting 
Super Bowl events present a security concern

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for attendees. In response, the Coast Guard published a notice of 
proposed rulemaking (NPRM) on November 5, 2019, titled ``Security Zone; 
Super Bowl 2020, Bayfront Park, Miami, FL'' (84 FR 59602). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this security zone. During the comment 
period that ended December 5, 2019, we received 13 comments.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to respond to potential security 
concerns associated with the Super Bowl and related acitivities and 
events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined the ease of 
waterfront access to various venues hosting Super Bowl events presents 
a security concern for attendees and surrounding waterways. The purpose 
of this rulemaking is to ensure security of the public, Very important 
persons, official party and surrounding waterway from terrorist acts, 
sabotage or other subversive acts, accidents, or other hazards of a 
similar nature.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received 13 comments on the NPRM 
during the comment period which closed on December 5, 2019. Twelve 
comments were in favor of the Coast Guard establishing the security 
zone during the week of Super Bowl activities. One comment sought to 
clarify whether private parties would be allowed to access the security 
zone before, during and after the Super Bowl. This regulation will 
permit private vessels to transit the security zone but not stop or 
anchor unless authorized by the COTP or a designated representative. 
One of the 12 supporting comments asked that affected businesses be 
given ample notification prior to the Coast Guard enforcing the 
security zone. The NPRM which published on Novermber 5, 2019, provided 
approximately 11 weeks notice of the security zone to potentially 
affected persons, vessels, and facilities. In addition, the Coast Guard 
will notify the local maritime community of the security zone through 
various means including, local notice mariners and broadcast notice to 
mariners issued on VHF-FM marine radio channel 16.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a temporary security zone that will be 
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020 
until 8:00 a.m. on February 3, 2020. The temporary security zone would 
cover all navigable waters of the Intracoastal Waterway in Biscayne Bay 
from approximately Venetian Causeway south to and including a portion 
of the Miami River. The duration of the temporary security zone is 
intended to ensure the security of the public, executives, official 
party and surrounding waterway before, during, and after the various 
Super Bowl-related events in the Downtown area of Miami, Florida. All 
persons and vessels will be required to transit the security zone at a 
steady speed and may not slow down, stop, or anchor without obtaining 
permission from the COTP or a designated representative.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the security zone. The security zone will 
only affect a small area of Biscayne Bay near Bayfront Park in the Port 
of Miami for approximately eight days and thus is limited in time and 
scope. Vessels will be able to transit the security zone along the 
Intracoastal Waterway with the only restriction being the inability to 
stop or anchor within the zone. Moreover, upon activating the security 
zone, the Coast Guard will notify the local maritime community through 
various means including, Local Notice Mariners and Broadcast Notice to 
Mariners issued on VHF-FM marine radio channel 16.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,

[[Page 5131]]

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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a 
temporary security zone lasting approximately eight days that would 
prohibit vessels from stopping or anchoring within the zone. Normally 
such actions are categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T07-0830 to read as follows:


Sec.  165.T07-0830  Security Zone; Super Bowl 2020, Bayfront Park, 
Miami, FL

    (a) Regulated Areas. The following is a temporary security zone:
    (1) All waters of Biscayne Bay within the following points: 
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W; 
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W; 
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W; 
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W; 
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W; 
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W; 
thence back to origin at Point 1.
    (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 COTP 
in the enforcement of the security zone.
    (c) Regulations. (1) All persons and vessels are required to 
transit the security zone at a steady speed and may not slow down, 
stop, or anchor except in the case of unforeseen mechanical failure or 
other emergency. Any persons or vessels forced to slow or stop in the 
zone shall immediately notify the COTP via VHF channel 16.
    (2) Persons who must notify or request authorization from the COTP 
may do so by telephone at (305) 535-4472, or may contact a designated 
representative via VHF radio on channel 16.
    (3) If authorization to anchor, or remain within the security zone 
is granted by the COTP or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP or the designated representative.
    (d) Enforcement Period. This rule will be enforced from 8 a.m. on 
January 26, 2020 through 8 a.m. on February 3, 2020.

    Dated: January 10, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2020-01287 Filed 1-28-20; 8:45 am]
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