
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37158-37160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13656]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0786]
RIN 1625-AA11


Regulated Navigation Area; Holiday Events; Biscayne Bay, Miami, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is 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 
these events, which are 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.

DATES:  This rule is effective July 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0786 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 Petty Officer Benjamin Colbert, Sector Miami Waterways 
Management Branch, U.S. Coast Guard; telephone 305-535-4317, email 
Benjain.R.Colbert@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Recreational boating traffic on the waters of Biscayne Bay 
increases significantly during New Year's Eve, Fourth of July, and 
Columbus Day Weekend events. In recent years, recreational vessel 
speed, especially in crossing navigational channels, contributed to 
incidents that resulted in severe injury and death. This regulation 
seeks to increase public safety on the waters of Biscayne Bay during 
New Year's Eve, Fourth of July, and Columbus Day Weekend, 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. On 
November 20, 2015 the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Regulated Navigation Area; Columbus Day 
Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne 
Bay, Miami, FL (80 FR 72663). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended December 21, 
2015, we received no comments.

III. Legal Authority and Need for Rule

    The legal basis for this 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 District 
Seven Commander has determined that potential hazards associated with 
New Year's Eve, Fourth of July, and Columbus Day Weekend events pose a 
safety concern for anyone on the waters of Biscayne Bay. The

[[Page 37159]]

purpose of this rule is to ensure safety of vessels and the navigable 
waters in Biscayne Bay before, during, and after the New Year's Eve, 
Fourth of July, and Columbus Day Weekend events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 20, 2015. There are no significant changes in the regulatory 
text of this rule from the proposed rule in the NPRM. This rule 
establishes a regulated navigation area 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.
    This regulated navigation area will encompass waters of Biscayne 
Bay between Julia Tuttle Causeway Bridge and Turkey Point in Homestead, 
Florida. The duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after New Year's 
Eve, Fourth of July, and Columbus Day Weekend Holidays.
    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.

V. Regulatory Analyses

    We developed this 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 rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Although the 
regulated navigation area covers most of Biscayne Bay, it is only 
enforced for a maximum of 38 hours during three holiday weekends. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 to provide notice of the zone and the 
regulations that allow vessels to enter the regulated navigation area.

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 no 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.
    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 
contact 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 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 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 rule does not have tribal implications under E.O. 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 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 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 
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 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 is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the

[[Page 37160]]

Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this 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.

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:  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; Holiday 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 north to Point 6 in 
position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northeast 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) Definitions. (1) 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.
    (2) The term ``Columbus Day'' means the federally recognized 
holiday occurring annually on the second Monday in October.
    (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. 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.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-13656 Filed 6-8-16; 8:45 am]
 BILLING CODE 9110-04-P


