[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Proposed Rules]
[Pages 43554-43557]
[FR Doc No: 2012-18151]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0191]
RIN 1625-AA11

Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay,
Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area on Biscayne Bay in Miami, Florida. The regulated navigation area
will be enforced annually from Saturday of the second week through
Monday of the third week in October (Columbus Day weekend). The
regulated navigation area will include certain waters of Biscayne Bay
between Rickenbacker Causeway Bridge and Coon Point on Elliot Key. All
vessels within the regulated navigation area would be: 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. This regulated navigation
area is necessary to ensure the safe transit of vessels and to protect
persons, vessels, and the marine environment within the regulated
navigation area during the Columbus Day weekend.

DATES: Comments and related material must be received by the Coast
Guard on or before August 24, 2012. Requests for public meetings must
be received by the Coast Guard August 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0191 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Jennifer S. Makowski, Sector Miami
Prevention Department, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0191), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0191) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and

electronic filing. If you submit comments by mail and would like to
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0191) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
    The purpose of the proposed rule is to ensure the safe transit of
vessels and to protect persons, vessels, and the marine environment
within the regulated navigation area during the Columbus Day weekend.

C. Discussion of Proposed Rule

    The proposed rule would designate a regulated navigation area
encompassing certain waters of Biscayne Bay between Rickenbacker
Causeway Bridge and Coon Point on Elliot Key in Miami, Florida.
    The regulated navigation area would be enforced from 12:01 p.m. on
Saturday of the second week in October through 2 a.m. on Monday of the
third week in October (Columbus Day weekend) each year. All vessels
within the regulated navigation area would be: (1) Required to transit
the 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.
    The regulated navigation area is necessary to ensure the safety of
the public. The close proximity of numerous vessels transiting that
portion of Biscayne Bay encompassed within the proposed regulated
navigation area during Columbus Day weekend poses a hazardous
condition. The regulated navigation area would result in the transiting
of vessels at a safer speed, thereby significantly reducing the threat
of vessel collisions. Requiring vessels within the regulated navigation
area to transit at no more than 15 knots would also enable law
enforcement officials to identify, respond to, query, and stop
operators who may pose a hazard to other vessels in the area. Nothing
in this regulation would alleviate vessels or operators from complying
with all other Federal, state, and local laws in the area, including
manatee slow speed zones.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
The regulated navigation area would be enforced for less than 28 hours
each year; (2) although, during the enforcement period, vessels would
be required to transit the area at no more than 15 knots, be subject to
control by the Coast Guard, and be required to follow the instructions
of all law enforcement vessels in the area, the regulated navigation
area does not prohibit vessels from transiting the area; (3) vessels
would still be able operate in surrounding waters that are not
encompassed within the regulated navigation area without the
restrictions imposed by the regulated navigation area; and (4) advance
notification of the regulated navigation area would be made to the
local maritime community via Local Notice to Mariners and Broadcast
Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    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. This proposed rule may affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit the regulated navigation area from
12:01 p.m. on Saturday of the second week in October through 2 a.m. on
Monday of the third week in October (Columbus Day weekend) each year.
For the reasons discussed in the Regulatory Planning and Review section
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
    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 proposed rule would economically affect it.

3. Assistance for Small Entities

    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 contact the person

listed in the FOR FURTHER INFORMATION CONTACT section above. 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.

4. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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
determined that this rule does not have implications for federalism

6. 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.

7. 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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 (NEPA) (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 is
categorically excluded under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. This proposed rule involves establishing a
regulated navigation area, as described in paragraph 34(g) of the
Commandant Instruction, which will be enforced for less than 28 hours
each year. A preliminary environmental analysis checklist 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.

E. 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

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Revise Sec.  165.779 to read as follows:

Sec.  165.779  Regulated Navigation Area; Columbus Day Weekend,
Biscayne Bay, Miami, FL.

    (a) Regulated Area. The regulated navigation area encompasses all
waters of Biscayne Bay between Rickenbacker Causeway Bridge and Coon
Point, Elliot Key contained within an imaginary line connecting the
following points: beginning at Point 1 in position 25[deg]44'49'' N,
80[deg]12'04'' W; thence southwest to Point 2 in position
25[deg]30'00'' N, 80[deg]15'48'' W; thence southeast to Point 3 in
position 25[deg]28'22'' N, 80[deg]15'00'' W; thence east to Point 4 in
position 25[deg]28'23'' N, 80[deg]12'53'' W; thence northeast to Point
5 in position 25[deg]30'00'' N, 80[deg]12'06'' W; thence west to Point
6 in position 25[deg]30'00'' N, 80[deg]13'17'' W; thence northwest to
Point 7 in position 25[deg]30'53'' N, 80[deg]13'21'' W; thence
northeast to Point 8 in position 25[deg]43'57'' N, 80[deg]10'01'' 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. (1) 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.
    (2) At least 48 hours prior to each enforcement period, the Coast
Guard will provide notice of the regulated area through advanced notice
via Local Notice to Mariners and Broadcast Notice to Mariners. The
Coast Guard will also provide notice of the regulated area by on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced from 12:01 p.m.
on Saturday of the second week through 2 a.m. on Monday of the third
week in October (Columbus Day weekend) each year.

    Dated: June 20, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2012-18151 Filed 7-24-12; 8:45 am]
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