[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Rules and Regulations]
[Pages 66189-66191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25432]


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

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: Final rule.

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

SUMMARY: The Coast Guard is establishing 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

[[Page 66190]]

this navigable water. This rulemaking will 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 rulemaking will prohibit vessels 
from passing other vessels making way within the regulated area.

DATES: Effective December 22, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0077 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, 
call or email Omar Beceiro, 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 Information and Regulatory History

    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.
    In response, on April 14, 2021, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled, ``Regulated Navigation Area: 
Biscayne Bay Causeway Island Slip, Miami Beach, FL'' (86 FR 19599). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this Regulated Navigation Area. 
During the comment period that ended May 14, 2021, we received 0 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Coast Guard's Seventh District Commander has determined that 
potential hazards associated with the increased maritime traffic in the 
Biscayne Bay Causeway Island Basin (Basin), where ferries occasionally 
pass within the Basin dangerously close to Coast Guard assets, is a 
safety and operational concern. 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM published April 
14, 2021. We are making one change in the regulatory text. We 
discovered that the section number in the CFR, 33 CFR 165.789 is 
already in use. Section 165.789 contains a safety zone regulation. 
Therefore, we are revising the section number for this Regulated 
Navigation Area in the final rule regulatory text. We are deleting 
``165.789,'' and replacing it with ``165.790.''
    This rule establishes a permanent Regulated Navigation Area that 
will 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 rule will 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.

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. 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).
    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 received 0 comments from the Small Business 
Administration on this rulemaking. 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.

[[Page 66191]]

    While some owners or operators of vessels intending to transit the 
Regulated Navigation Area 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, 
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.

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 
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 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 AREA; BISCAYNE BAY CAUSEWAY ISLAND 
SLIP, MIAMI BEACH, FL

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.  165.790 to read as follows:


Sec.  165.790  Regulated Navigation Area; Biscayne Bay Causeway Island 
Slip, Miami Beach, FL.

    (a) Regulated area. The following area is a Regulated Navigation 
Area: All 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) Applicability. This section applies to all vessels operating 
within the RNA, except vessels that are engaged in law enforcement or 
search and rescue operations.
    (c) 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 assets, 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.
    (d) 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: November 8, 2021.
B.C. McPherson,
Rear Admiral, U.S. Coast Guard, District Commander.
[FR Doc. 2021-25432 Filed 11-19-21; 8:45 am]
BILLING CODE 9110-04-P