[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02703]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket Number USCG-2023-0715]
Safety Zone; Biscayne Bay, Homestead, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard is proposing to establish a safety zone for
certain waters of the Biscayne Bay. This action is necessary to provide
for the safety of life on these navigable waters near Homestead, FL,
during a recurring military exercises that would be enforced
approximately 8-12 times per year. The exercises will include military
aircraft and watercraft that may pose a
danger to the public. This proposed rulemaking would prohibit persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Sector Miami or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 13, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0715 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call, or email LT Benjamin Adrien Waterways
division, U.S. Coast Guard; telephone 305-535-4307, email
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
NOE Notice of Enforcement
SOCSO Special Operations Command South
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 6, 2023, the U.S. Special Operations Command South
(SOCSO) notified the Coast Guard that it would be conducting recurring
military training exercises 8-12 times per year. The training exercises
would take place within the Biscayne Bay Northeast of Turkey Point
Power Plant. The Captain of the Port Sector Miami (COTP) has determined
that potential hazards associated with the military training exercises
would be a safety concern for persons and vessels within a 1,000-yard
radius of the center point of the exercises. The exercises would
include military aircraft and watercraft operating in active military
scenarios. The actions undertaken in these exercises may pose a danger
to the public.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 1,000-yard radius of the military
training exercises before, during, and after the military training
exercises. The Coast Guard is proposing this rulemaking under authority
in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone that would be
enforced 8-12 times per year. The safety zone would cover all navigable
waters within a 1,000-yard radius of the center point at N 25'28.506 W
80'13.842 in the Biscayne Bay located approximately 1,000 yards
Northeast of the Turkey Point Power Plant in Homestead, FL. The
duration of the zone would be identified prior to each military
training exercise to ensure the safety of persons and vessels, and
navigable waters before, during, and after the scheduled times for the
exercise. No person or vessel would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
Members of the public would be notified that the safety zone is
being enforced by the presence of military helicopter with the insignia
of the U.S. Army, the U.S. Air Force, the U.S. Navy, or the U.S. Marine
Corps, in the direct vicinity of the safety zone. Leading up to its
enforcement the Coast Guard will publish a Notice of Enforcement (NOE)
in addition to a Marine Safety Information Bulletin (MSIB) and a
Broadcast Notice to Mariners (BNM).
The regulatory text we are proposing appears at the end of this
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which impacts a
designated area of the Biscayne Bay for a period of time chosen when
vessel traffic is normally low. Moreover, the Coast Guard would issue a
NOE, a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
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
safety zone 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 proposed 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 proposed 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-
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
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 potential effects of
this proposed rule elsewhere in this preamble.
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 safety
zone to protect persons and vessels operating in the area adjacent to
the safety zone. This zone will only be enforced for a few hours at a
time, 8-12 times per year. 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
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0715 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
2. Add Sec. 165.715 to read as follows:
Sec. 165.715 Safety Zone; Biscayne Bay, Homestead, FL.
(a) Location. The following area is a safety zone: All waters of
Biscayne Bay, from surface to bottom within a 1,000-yard radius of
25[deg]28'506'' N, 080[deg]13'842'', creating a circular zone.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Miami in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by contacting Sector Miami's Command Center at 305-535-
4300. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
(d) Enforcement period. The safety zone described in paragraph (a)
of this section would be enforced by the COTP only upon notice. Notice
of enforcement by the COTP will be provided prior to execution of the
exercise by all appropriate means, in accordance with 33 CFR 165.7(a).
Such means will include publication of a Notification of Enforcement in
the Federal Register, and by the presence of military helicopter with
the insignia of the U.S. Army, the U.S. Air Force, the U.S. Navy, or
the U.S. Marine Corps, and may also include Broadcast Notice to
Mariners, Local Notice to Mariners, or both.
Dated: January 31, 2024.
Captain, U.S. Coast Guard, Captain of the Port Sector Miami.
[FR Doc. 2024-02703 Filed 2-9-24; 8:45 am]
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