
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42526-42528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15508]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0608]
RIN 1625-AA11


Regulated Navigation Area; Fourth of July, Biscayne Bay, Miami, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily establishing a regulated 
navigation area on Biscayne Bay in Miami, Florida for the Fourth of 
July, 2016. This regulation is necessary to protect the public during 
upcoming Fourth of July events, a period during which a significant 
concentration of persons and vessels historically operate 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; are subject to control by the 
Coast Guard officers and petty officers; and are required to follow the 
instructions of all law enforcement vessels in the area.

DATES: This rule is effective on July 4th, 2016, from 7 p.m. until 
11:59 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0608 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 
Benjamin.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 Fourth of July activities. 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 the 4th of July by requiring vessels to travel at a 
maximum speed of 15 knots. It also subjects recreational vessels to the 
control by Coast Guard officers and petty officers as well as local law 
enforcement authorities.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because publication of an NPRM would be 
impracticable. During meetings with local law enforcement, only weeks 
prior to the holiday, it was decided that a regulated navigation area 
be implemented for the holiday. Local law enforcement expressed opinion 
that previous implementation of this rule resulted a substantially 
safer waterway. This late decision makes proposing the rule for comment 
impracticable.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the reasons 
discussed above.

III. Legal Authority and Need for Rule

    The legal basis for this proposed 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 Fourth of July events pose a safety concern for 
anyone on the waters of Biscayne Bay. The purpose of this rule is to 
ensure safety of vessels and the navigable waters in Biscayne Bay 
before, during, and after the July 4th events.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a regulated navigational area from 7 p.m. to 
11:59 on July 4th, 2016. This regulated navigation area will encompass 
certain waters of the Biscayne Bay between Julia Tuttle Causeway Bridge 
and Cutler Bay, Florida. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after Fourth of July events.
    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 Coast Guard officers and petty 
officers; 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

[[Page 42527]]

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 navigational area covers most of Biscayne Bay, it is only 
enforced for five hours on a holiday evening. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows vessels to enter the regulated 
navigational 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 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.
    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 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. Add Sec.  165.T07-0608 to read as follows:


Sec.  165.T07-0608  Regulated Navigation Area; Fourth of July, Biscayne 
Bay, Miami, FL.

    (a) Regulated area. The regulated navigation area encompasses all 
waters of Biscayne Bay between Tuttle Causeway Bridge and Black Point 
contained within an imaginary line

[[Page 42528]]

connecting the following points: Beginning at Point 1 in position 
25[deg]48'38'' N, 80[deg]10'40'' W; thence east to Point 2 in position 
25[deg]48'38'' N, 80[deg]10'30'' W; thence southwest to Point 3 in 
position 25[deg]46'41'' N, 80[deg]10'54'' W; thence southeast to Point 
4 in position 25[deg]46'17'' N, 80[deg]10'43'' W; thence southwest to 
Point 5 in position 25[deg]45'05'' N, 80[deg]10'50'' W; thence 
southeast to Point 6 in position 25[deg]44'47'' N, 80[deg]10'44'' W; 
thence southeast to Point 7 in position 25[deg]43'29'' N, 
80[deg]09'37'' W; thence southwest to Point 8 in position 
25[deg]42'39'' N, 80[deg]10'35'' W; thence southwest to Point 9 in 
position 25[deg]31'11'' N, 80[deg]13'06'' W; thence northwest to Point 
10 in position 25[deg]31'31'' N, 80[deg]17'48'' W; thence northeast to 
Point 11 in position 25[deg]43'25'' N, 80[deg]13'17'' W; thence 
northeast to Point 12 in position 25[deg]43'59'' N, 80[deg]12'04'' W; 
thence northeast to Point 13 in position 25[deg]44'46'' N, 
80[deg]11'23'' W; thence northeast to Point 14 in position 
25[deg]46'10'' N, 80[deg]10'59'' W; thence northwest to Point 15 in 
position 25[deg]46'20'' N, 80[deg]11'04'' W; thence northeast to Point 
16 in position 25[deg]46'44'' N, 80[deg]10'59'' W; thence northwest to 
Point 17 in position 25[deg]47'15'' N, 80[deg]11'06'' W; thence 
northeast to Point 18 in position 25[deg]47'24'' N, 80[deg]11'00'' W; 
thence north to Point 19 in position 25[deg]47'36'' N, 80[deg]11'00'' 
W; thence back to origin. All coordinates are North American Datum 
1983.
    (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 
Captain of the Port Miami in the enforcement of the regulated area.
    (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 officers and petty officers; and must follow the 
instructions of designated representatives.
    (d) Enforcement period. This section will be in enforced with 
actual notice from 7 p.m. to 11:59 on July 4, 2016.

    Dated: June 24, 2016.
A.J. Gould,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-15508 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P


