[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Proposed Rules]
[Pages 19599-19601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07606]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0077]
RIN 1625-AA11


Regulated Navigation Area; Biscayne Bay Causeway Island Slip, 
Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a Regulated 
Navigation Area over certain navigable waters of the Biscayne Bay 
Causeway Island Slip, immediately west of the Coast Guard Base Miami 
Beach, Miami Beach, FL. This action is necessary to provide for the 
safety of life and federal property on this navigable water. This 
proposed rulemaking would require all persons and vessels to transit 
the Regulated Navigation Area at a speed that creates minimum wake, 
seven miles per hour or less, to safeguard damage to Coast Guard 
assets, disrupting operations, and/or injuring Coast Guard personnel. 
Additionally, this proposed rulemaking would prohibit vessels from 
passing other vessels making way within the regulated area. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 14, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0077 using the Federal eRulemaking Portal at https://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 LT Samuel Rodriguez, Sector Miami 
Waterways Management Division, 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, Purpose, and Legal Basis

    In October 2020, the Fisher Island Ferry Communities Association 
relocated its ferry terminal to the Biscayne Bay Causeway Island Slip 
(Slip), west of the Coast Guard Base Miami Beach, Miami Beach, FL. The 
Slip is the primary terminal for the movement of residents, workers, 
and goods from Terminal Island to Fisher Island. Prior to October 2020, 
maritime traffic in the Biscayne Bay Causeway Island Basin (Basin) was 
limited in scope to occasional private yachts and Coast Guard assets. 
The addition of ferry traffic at the Slip has resulted in a substantial 
increase in maritime traffic in the Basin. The Basin has a length of 
approximately 380 yards and a width of approximately 97 yards. The 
increase in traffic, particularly of the Fisher Island Ferry, presents 
a hazard to Coast Guard assets operating in the Basin as the ferries 
occasionally pass within the Basin, dangerously close to Coast Guard 
assets. Additionally, and particularly when passing within the Basin, 
the ferries create a disrupting, and at times dangerous wake, adversely 
affecting Coast Guard routine operations and personnel. The passing 
maneuvers and resultant wake also create hazardous conditions during 
certain cutter operations, such as onloading and offloading of 
ammunition or refueling. The Coast Guard's Seventh District Commander 
has determined the increased ferry traffic, passing maneuvers, and 
resultant wake presents a safety and operational concern to Coast Guard 
personnel and assets moored in the Biscayne Bay Causeway Island Basin.
    The purpose of this regulation is to ensure navigational safety, 
protection of Coast Guard assets and personnel, and to facilitate safe 
execution of Coast Guard statutory missions. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard's Seventh District Commander is proposing to 
establish a permanent Regulated Navigation Area that would require all 
persons and vessels to transit the regulated area at a speed that 
creates minimum wake, seven miles per hour or less, to safeguard damage 
to Coast Guard assets, disrupting operations, and/or injuring Coast 
Guard personnel. Additionally, this proposed rulemaking would prohibit 
vessels from passing other vessels making way within the regulated 
area. This Regulated Navigation Area covers all navigable waters within 
the Biscayne Bay Causeway Island Slip, immediately west of the Coast 
Guard Base Miami Beach, Miami Beach, FL.

IV. 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 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, and 
location of the Regulated Navigation area. The Regulated Navigation 
Area will only affect vessels entering, and passing within, the 
Biscayne Bay Causeway Island Slip in Miami Beach, Miami Beach, FL. 
Vessels will continue to operate within the Biscayne Bay Causeway 
Island Slip with the only restriction being the requirement to operate 
at speeds below seven miles per hour and avoid passing other vessels 
making way within the regulated area. Moreover, upon activating the 
Regulated Navigation Area, the Coast Guard will notify the local 
maritime community through various means including, Local Notice to 
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 
proposed rule would not

[[Page 19600]]

have a significant economic impact on a substantial number of small 
entities.
    While some owners or operators of vessels intending to operate 
within 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 call or email 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 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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed 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 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 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 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 a 
Regulated Navigation Area requiring all persons and vessels to transit 
the regulated area at a speed that creates minimum wake, seven miles or 
less, and to avoid passing other vessels making way within the 
regulated area. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. 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 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.

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.

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 is 
proposing to amend 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.  165.789 to read as follows:


Sec.  165.789   Regulated Navigation Area; Biscayne Bay Causeway Island 
Slip, Miami Beach, FL.

    (a) Regulated Area. The following area is a Regulated Navigation 
Area: All

[[Page 19601]]

waters of Biscayne Bay Causeway Island Slip within the following 
points: Beginning at Point 1 in position 25[deg]46'18'' N, 
080[deg]08'50'' W; thence east to Point 2 in position 25[deg]46'19'' N, 
080[deg]08'47'' W; thence southeast to Point 3 in position 
25[deg]46'10'' N, 080[deg]08'41'' W; thence west to Point 4 in position 
25[deg]46'10'' N, 080[deg]08'45'' W; thence back to origin at Point 1.
    (b) Regulations. (1) The general regulations governing Regulated 
Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including 
the Regulated Navigation Area described in paragraph (a) of this 
section and the following regulations, apply.
    (2) All persons and vessels are required to transit the Regulated 
Navigation Area at a speed that creates minimum wake, seven miles per 
hour or less, to prevent damage to Coast Guard assests, disrupting 
operations, and/or injuring Coast Guard personnel.
    (3) All persons and vessels are required to avoid passing other 
vessels making way within the Regulated Navigation Area.
    (c) Enforcement. The Coast Guard may be assisted in the patrol and 
enforcement of the Regulated Navigation Area by other Federal, State, 
and local agencies.

    Dated: April 6, 2021.
E.C. Jones,
Rear Admiral, U.S. Coast Guard, District Commander.
[FR Doc. 2021-07606 Filed 4-13-21; 8:45 am]
BILLING CODE 9110-04-P