[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Page 71516]
[FR Doc No: 2021-27206]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4626-DR; Docket ID FEMA-2021-0001]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4626-DR), dated October 22, 2021,
and related determinations.

DATES: This amendment was issued November 16, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 22, 2021.

    Adams, Alcorn, Attala, Benton, Bolivar, Calhoun, Carroll,
Chickasaw, Choctaw, Clarke, Clay, Coahoma, DeSoto, Forrest, Greene,
Grenada, Hinds, Holmes, Humphreys, Issaquena, Itawamba, Jasper,
Jones, Kemper, Lafayette, Lamar, Lauderdale, Leake, Lee, Leflore,
Lowndes, Madison, Marion, Marshall, Monroe, Montgomery, Neshoba,
Newton, Noxubee, Oktibbeha, Panola, Perry, Pontotoc, Prentiss,
Quitman, Rankin, Scott, Sharkey, Smith, Stone, Sunflower,
Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Warren,
Washington, Webster, Winston, Yalobusha, and Yazoo Counties for
emergency protective measures (Category B), including direct federal
assistance, under the Public Assistance program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-27206 Filed 12-15-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8252-8254]
[FR Doc No: 2019-04136]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0050]
RIN 1625-AA00

Safety Zone; Firestone Grand Prix of St. Petersburg, St.
Petersburg, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of Tampa Bay, in the vicinity of the St.
Petersburg Municipal Yacht Basin, St. Petersburg, Florida during the
Firestone Grand Prix of St. Petersburg. The temporary safety zone is
needed to protect the safety of race participants, spectators, and
vessels on the surrounding waterway during the race. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the regulated area unless authorized by the Captain
of the Port St. Petersburg or a designated representative.

DATES: This rule is effective daily from 6 a.m. until 10 p.m. on March
8, 2019, through March 10, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0050 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 Marine Science Technician First Class Michael
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
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 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 need for a safety zone on January
14, 2019. Insufficient time remains to publish a NPRM and to receive
public comments, as the event will occur before the rulemaking process
would be completed. Because of the potential safety hazards associated
with the race, the regulations is necessary to provide for the safety
of race participants, spectators, and other vessels navigating the
surrounding waterways. For those reasons, it would be impracticable 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. For the reasons discussed above,
the Coast Guard finds that good cause exists.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port St. Petersburg has determined that
potential hazards associated with the race, will be a safety concern
for race participants, spectators, and vessels. This rule is needed to
ensure the safety of life for vessels and persons within the navigable
waters of the safety zone during the Firestone Grand Prix of St.
Petersburg, Florida.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6 a.m. on March 8, 2019
through 10 p.m. on March 10, 2019. The safety zone will cover all
navigable waters within a specified area of Tampa Bay, St. Petersburg.
The duration of the zone is intended to ensure the safety of the public
and these navigable waters during the race event. No vessel or person
will be permitted to enter, transit through, anchor in, or remain
within the safety zone without obtaining permission from the Captain of
the Port St. Petersburg or a designated representative.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16. If
authorization to enter, transit

through, anchor in, or remain within the regulated area is granted by
the Captain of the Port St. Petersburg or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the Captain of the Port St. Petersburg or a
designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
and/or on-scene designated representatives.

IV. 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: (1) The safety
zone will be enforced for a limited period of time over the course of
three days during the Firestone Grand Prix of St. Petersburg, Florida
race events; (2) although persons and vessels are prohibited to enter,
transit through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; and (3) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and/or Broadcast Notice to Mariners.

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
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
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 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 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 that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within the regulated
area during a three day high speed grand prix race event. It 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.

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.T07-0050 to read as follows:

Sec.  165.T07-0050   Safety Zone; Firestone Grand Prix of St.
Petersburg, St. Petersburg, FL.

    (a) Regulated area. The following area is established as a safety
zone. All waters of the Gulf of Mexico encompassed within the following
points: 27[deg]46'18'' N, 082[deg]37'55.2'' W, thence to position
27[deg]46'18'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'33'' W, thence to position
27[deg]46'4.2'' N, 082[deg]37'33'' W, thence to position
27[deg]45'59.4'' N, 082[deg]37'50.4'' W, thence to position
27[deg]46'6.6'' N, 082[deg]37'56.4'' W, thence to position
27[deg]46'13.8'' N, 082[deg]37'55.8'' W, thence back to the original
position 27[deg]46'18'' N, 082[deg]37'55.2'' W. 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 St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
    (2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
    (3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16.
    If authorization is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.
    (d) Enforcement period. This rule will be enforced daily from 6
a.m. until 10 p.m. on March 8, 2019, through March 10, 2019.

    Dated: March 4, 2019.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2019-04136 Filed 3-6-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Page 47277]
[FR Doc No: 2019-19430]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-2707-000]

Poseidon Wind, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Poseidon Wind, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 23, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 3, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19430 Filed 9-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62437-62440]
[FR Doc No: 2012-25126]

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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: 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 amended
regulated navigation area alters the boundaries of the area and expands
the enforcement period. These regulations are necessary to protect the
public during Columbus Day weekend; a period that has 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 will be effective November 14, 2012 and will be
enforced annually on Columbus Day weekend, starting at 12:01 p.m. on
the Saturday before Columbus Day, through 2 a.m. on Monday (the
Columbus Day holiday). Columbus Day is the federally recognized holiday
occurring annually on the second Monday in October.

ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2012-0191. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

I. Regulatory History and Information

    On July 25, 2012, we published a Notice of Proposed Rulemaking
(NPRM) entitled USCG-2012-0191 in the Federal Register (73 FR 2012-
18151). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
    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. Our experience in administering
the current Biscayne Bay Columbus Day regulated navigation area (RNA),
established in 2011 and contained in 33 CFR 165.779, persuaded us that
altering the dimensions of the RNA and slightly extending the hours of
its enforcement is necessary to better protect the public. During this
period, numerous vessels concentrate on the waters of Biscayne Bay
during the high traffic hours of Columbus Day weekend. This rule is
necessary to protect the public on this congested waterway, including
during Columbus Day 2012. Under these circumstances, it would be
contrary to the public interest in maintaining safety in Biscayne Bay
to delay the effective date of the final.

II. Basis and Purpose

    The legal basis for the 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 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.

III. Discussion of Comments, Changes and the Final Rule

    While no comments were receiving following the NPRM, the final rule
has been modified by clarifying that Columbus Day weekend is the
weekend preceding the second Monday of October.
    This final rule revises the existing Biscayne Bay Columbus Day RNA
in 33 CFR 165.779 by altering the RNA's boundaries and revising the
enforcement period, extending it by two hours into the early morning of
Columbus Day. The revised RNA encompasses certain waters of Biscayne
Bay between Rickenbacker Causeway Bridge and Coon Point on Elliot Key
in Miami, Florida.
    All vessels within the regulated navigation area are: (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 during a time of heightened vessel traffic in the
aforementioned area. Each year numerous recreation vessels, which
include an annual sailing regatta, congregate in the waters of Biscayne
Bay during Columbus Day weekend. The close proximity of numerous
vessels within the proposed regulated navigation area during Columbus
Day weekend poses a hazardous condition.
    The regulated navigation area will result in the transiting of
vessels at a reduced speed, thereby significantly reducing the threat
of vessel collisions. Requiring vessels within the regulated navigation
area to transit at no more than 15 knots will 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 alleviates the requirement for vessel operators from
complying with all other federal, state, and local laws in the area,
including manatee slow speed zones.

IV. 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 or executive orders.

A. Regulatory Planning and Review

    This 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 rule is not significant for the
following reasons: (1) The regulated navigation area will be enforced
for less than 2 days each year; (2) although, during the enforcement
period, vessels are required to transit the area at no more than 15
knots, be subjected 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 will 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 will be made to the local
maritime community via Local Notice to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 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 rule. 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.
    This 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 until 2 a.m.
on Monday on the weekend preceding the federally recognized holiday of
Columbus Day occurring annually on the second

Monday in October. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.
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 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,
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 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
INTFORMATION 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 (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.

8. Taking of Private Property

    This rule will 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 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

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

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves establishing a regulated navigation area 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, which will be enforced for less than 2 days each
year. This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. An environmental analysis checklist 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.

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; 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.

0
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 in enforced annually on
Columbus Day weekend, starting at 12:01 p.m. on the Saturday before
Columbus Day, through 2:00 a.m. on Monday (the Columbus Day holiday).
Columbus Day is the federally recognized holiday occurring annually on
the second Monday in October.

    Dated: September 28, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2012-25126 Filed 10-12-12; 8:45 am]
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