[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48219-48221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20670]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0731]
RIN 1625-AA00


Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of Biscayne Bay east of Bayfront Park in 
connection with aerobatic helicopter demonstrations sponsored by Red 
Bull in Miami, Florida. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards associated 
with the aerial demonstrations over Biscayne Bay. Entry of vessels or 
persons into this zone is prohibited, unless specifically authorized by 
the Captain of the Port Miami (COTP).

DATES: This rule is effective from 2:30 p.m. October 20, 2018, through 
4 p.m. October 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0731 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, 
U.S. Coast Guard; telephone 305-535-4317, 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

    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 it is impracticable. The Coast Guard 
received information regarding the size and location of the safety zone 
with insufficient time to publish an NPRM and receive public comments. 
Because of the potential hazards associated with the aerobatic 
demonstrations, the safety zone is necessary to provide for the safety 
of event participants and vessels transiting in proximity to the event 
area. For these reasons, it would be impracticable and contrary to the 
public interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    Delaying the effective date of this rule would be impracticable 
because immediate action is needed to respond to potential safety 
hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
aerobatic helicopter demonstrations will be a safety concern for 
persons and vessels traveling underneath the demonstrations. This rule 
is needed to protect persons, vessels, and the marine environment in 
the navigable waters contained within the safety zone during aerial 
demonstrations.

IV. Discussion of the Rule

    This rule establishes a safety zone for three, 30-minute periods 
commencing at 2:30 p.m., 4 p.m., and 5:30 p.m. on October 20, 2018, and 
for three, 30-minute periods commencing at 12:30 p.m., 2 p.m., and 3:30 
p.m. on October

[[Page 48220]]

21, 2018. The safety zone will cover certain navigable waters of 
Biscayne Bay east of Bayfront Park in Miami, FL. The duration of the 
safety zone is intended to protect persons, vessels, and the marine 
environment in these navigable waters during aerial demonstrations. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be temporarily interrupted and prevented from transiting a short 
section of the Intracoastal Waterway and Fisherman's Channel in Miami, 
FL during demonstrations. The interruptions would affect a small 
designated area of Biscayne Bay for 30-minute periods, three times each 
day the safety zone is in effect. Moreover, the Coast Guard would issue 
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 the 
zone.

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 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 
safety zone 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 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. 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone lasting approximately 90 minutes (three, 30-minute 
periods) each day of the two-day event. During each 30-minute period 
the safety zone is in effect, boating traffic will be temporarily 
interrupted and prevented from transiting the Intracoastal Waterway or 
Fisherman's Channel east of Bayfront Park in Miami, FL. The rule is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

[[Page 48221]]

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; and Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0731 to read as follows:


Sec.  165.T07-0731  Safety Zone; Intracoastal Waterway, Biscayne Bay, 
Miami, FL.

    (a) Location. The following coordinates define the temporary safety 
zone located in Biscayne Bay, Miami, FL. All waters of Biscayne Bay 
contained within the following points: Commencing at 25[deg]46'22'' N, 
080[deg]10'28'' W; thence southwest to 25[deg]45'33'' N, 
080[deg]10'39'' W; thence northwest to 25[deg]45'42'' N, 
080[deg]11'05'' W; then northeast to 25[deg]46'34'' N, 080[deg]10'49'' 
W; thence southeast along the shoreline 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 COTP 
in the enforcement of the regulated area.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the regulated area unless 
authorized by COTP or a designated representative.
    (2) Persons and vessels desiring to enter, transit, anchor, or 
remain within the regulated area may contact the COTP by telephone at 
305-535-4313, or a designated representative via VHF radio on channel 
16 to request authorization. If authorization is granted, all persons 
and vessels receiving such authorization must comply with the 
instructions of the COTP or a designated representative.
    (d) Enforcement period. This rule will be enforced from 2:30 p.m. 
through 3 p.m., 4 p.m. through 4:30 p.m., and 5:30 through 6 p.m. on 
October 20, 2018, and 12:30 p.m. through 1 p.m., 2 p.m. through 2:30 
p.m., and 3:30 p.m. through 4 p.m. on October 21, 2018.

    Dated: September 18, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-20670 Filed 9-21-18; 8:45 am]
 BILLING CODE 9110-04-P


