[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Proposed Rules]
[Pages 59602-59605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24133]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0830]
RIN 1625-AA87


Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary security 
zone over certain navigable waters of Biscayne Bay in connection with 
Super

[[Page 59603]]

Bowl 2020 events in Miami, Florida. The temporary security zone is 
necessary to protect official party, executives, public, and 
surrounding waterway from terrorist acts, sabotage or other subversive 
acts, accidents, or other causes of a similar nature. Anchoring, or 
remaining within the security zone would be prohibited unless 
authorized by the Captain of the Port Miami (COTP) 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 December 5, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0830 using the Federal eRulemaking 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.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call Omar Beceiro, Sector Miami Waterways 
Management Division, U.S. Coast Guard at 305-535-4317 or by email: 
Omar.Beceiro@uscg.mil.

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, Purpose, and Legal Basis

    The City of Miami will be hosting Super Bowl LIV (54) in February 
2020. Additionally, several venues and hotels in the City of Miami 
downtown area will host Super Bowl-related events during the week 
preceding the Super Bowl, which is scheduled for February 2, 2020. 
Venues include Bayfront Park, Adrienne Arsht Center for the Performing 
Arts, and JW Marriott Marquis Hotel. The Coast Guard anticipates these 
various events will draw large crowds of people, executives, official 
party, etc. and present a security concern since the venues may be 
accessed from or are in close proximity to the waterfront, Biscayne 
Bay. The COTP has determined the ease of waterfront access to the 
various venues hosting Super Bowl events present a security concern for 
attendees.
    The purpose of this rulemaking is to ensure the security of the 
public, executives, official party and surrounding waterway from 
terrorist acts, sabotage or other subversive acts, accidents, or other 
causes of a similar nature. 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 temporary security zone to be 
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020 
until 8:00 a.m. on February 3, 2020. The temporary security zone would 
cover all navigable waters of Biscayne Bay from approximately Venetian 
Causeway south to and including a portion of the Miami River. The 
duration of the temporary security zone is intended to ensure the 
security of the public, executives, official party and surrounding 
waterway before, during, and after the various Super Bowl-related 
events in the Downtown area of Miami, Florida.
    All persons and vessels are required to transit the security zone 
at a steady speed and may not slow down, stop, or anchor except in the 
case of unforeseen mechanical failure or other emergency. Any persons 
or vessels forced to slow or stop in the zone shall immediately notify 
the COTP Miami via VHF channel 16.
    The regulatory text we are proposing appears at the end of this 
document.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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-year of the security zone. The security 
zone will only affect a small area of Biscayne Bay near Bayfront Park 
in the Port of Miami for approximately eight days. Vessel traffic; 
however, will not be impeded by the temporary security zone. Vessels 
will be able to transit the security zone along the Intracoastal 
Waterway with the only restriction being the inability to stop or 
anchor within the zone. Moreover, upon activating the security zone, 
the Coast Guard will notify the local maritime community through 
various means including, Local Notice 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 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 
security 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 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 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. 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

[[Page 59604]]

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 proposed 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 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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 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 
temporary security zone lasting approximately eight days that would 
prohibit vessels from stopping or anchoring within the zone. Normally 
such actions are categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. A draft Record of Environmental 
Consideration supporting this determination is 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 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 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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: 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.T07-0830 to read as follows:


Sec.  165.T07-0830  Security Zone; Super Bowl 2020, Bayfront Park, 
Miami, FL

    (a) Regulated Areas: The following is a temporary security zone:
    (1) All waters of Biscayne Bay within the following points: 
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W; 
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W; 
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W; 
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W; 
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W; 
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W; 
thence back to origin at Point 1.
    (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 security zone.
    (c) Regulations:
    (1) All persons and vessels are required to transit the security 
zone at a steady speed and may not slow down, stop, or anchor except in 
the case of unforeseen mechanical failure or other emergency. Any 
persons or vessels forced to slow or stop in the zone shall immediately 
notify the Captain of the Port Miami via VHF channel 16.
    (2) Persons who must notify or request authorization from the 
Captain of the Port Miami may do so by telephone at (305) 535-4472, or 
may contact a designated representative via VHF radio on channel 16.
    If authorization to anchor, or remain within the security zone is 
granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of

[[Page 59605]]

the Captain of the Port Miami or the designated representative.
    (d) Enforcement Period: This rule will be enforced from 8:00 a.m. 
on January 26, 2020 through 8:00 a.m. on February 3, 2020.

    Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-24133 Filed 11-4-19; 8:45 am]
BILLING CODE 9110-04-P


