Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay, Miami, FL, 24837-24840 [2011-10665]
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emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Proposed Rules
space launch and reentry by the private
sector. 51 U.S.C. 50905, 50903.
The Commercial Space Launch
Amendments Act of 2004 (CSLAA)
assigned the FAA responsibility for
regulating commercial human space
flight. In December 2006, the FAA
issued human space flight regulations in
accordance with its authority to protect
public health and safety. The CSLAA
prohibits the FAA from proposing
regulations governing the design or
operation of a launch vehicle to protect
the health and safety of crew and space
flight participants until December 23,
2012, or until a design feature or
operating practice has resulted in a
serious or fatal injury, or contributed to
an event that posed a high risk of
causing a death or serious injury, to
crew or space flight participants during
a licensed or permitted commercial
human space flight. 51 U.S.C.
50905(c)(2) and (3). Until such time, the
CSLAA only requires that a space flight
participant be informed of the risks of
taking a ride on a rocket. 51 U.S.C.
50905(b)(5). The FAA may also issue
regulations setting reasonable
requirements for space flight
participants, including medical and
training requirements. 51 U.S.C.
50905(b)(6).
Because of recent changes in U.S.
policy and the effect they have had on
the commercial space transportation
industry, the FAA is planning to
propose regulations to protect the health
and safety of crew and space flight
participants for orbital human
spaceflight as soon as circumstances
require after December 23, 2012. This
initiative is driven by the fact that the
National Aeronautics and Space
Administration (NASA) is planning to
contract with the private sector to
transport NASA astronauts to the
International Space Station within a few
years, and is in the process of
developing requirements for its
procurement of such services. The
FAA’s role in these flights is still in
work, but the transport of private
individuals to Earth orbit, which would
require an FAA license, is expected to
use the same space transportation
systems.
The FAA believes it is important to
establish a regulatory foundation as
early as possible to provide industry
assurance that systems built to support
NASA’s missions will be compatible
with future FAA regulations. The
CSLAA mandates that any regulations
governing the design or operation of a
launch vehicle to protect the health and
safety of crew and space flight
participants must take into
consideration the evolving standards of
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safety in the commercial space flight
industry. 51 U.S.C. 50905(c)(3). We fully
concur. When developed, the proposed
regulations are planned to be a starting
point for a regulatory regime that will
evolve over time as the industry
matures. Moreover, in order to facilitate
the development of a successful
commercial human space transportation
industry, the FAA and NASA must
develop complementary safety regimes
for orbital human space flight. As noted
above, NASA has already begun to
develop requirements for its
procurement of orbital transport
services.
The public meeting will allow a large
cross-section of the interested public to
share views with each other and the
FAA, and assist the FAA in redefining
the regulatory framework for orbital
human spaceflight. The FAA will share
its current philosophy, but is most
interested in the public’s view on a
number of regulatory issues such as—
• What the appropriate regulatory
scope and breadth should be,
• What the appropriate mix of
performance-based, process-based, and
prescriptive requirements should be,
• What the appropriate level of safety
the FAA should target with its
regulations,
• What, if any, should be the medical
requirements for space flight
participants,
• How best to incorporate
government and industry standards into
the licensing process,
• How much flight testing should be
required, and
• How much control over a spacecraft
ground personnel and flight crew
should have.
Any member of the public may
present oral statements at the meeting.
For planning purposes please inform a
person listed in the FOR FURTHER
INFORMATION CONTACT section by May
20, 2011, although we will
accommodate uncoordinated
statements.
Written comments are also welcome
during or after the meeting, but must be
submitted to the docket by June 9, 2011.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of the docket
web site, anyone can find and read the
electronic form of all comments
received into any of our dockets,
including the name of the individual
sending the comment (or signing the
comment for an association, business,
labor union, etc.). You may review the
Department of Transportation’s
complete Privacy Act Statement in the
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24837
Federal Register published on April 11,
2000, (65 FR 19477–78), or you may
visit https://DocketsInfo.dot.gov.
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
and follow the online instructions for
accessing the docket or Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Issued in Washington, DC on April 26,
2011.
George C. Nield,
Associate Administrator for Commercial
Space Transportation.
[FR Doc. 2011–10638 Filed 5–2–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0044]
RIN 1625–AA11
Regulated Navigation Area; Columbus
Day Weekend, Biscayne Bay,
Miami, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a permanent regulated
navigation area (RNA) on Biscayne Bay
in Miami, Florida. The RNA would be
enforced annually on the Saturday and
Sunday of the second week in October
(Columbus Day weekend). It would
include all waters within one nautical
mile of the center of the Intracoastal
Waterway between Featherbed Bank
and the Rickenbacker Causeway Bridge.
All vessels within the RNA 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 RNA is
necessary to ensure the safe transit of
vessels and to protect the marine
environment.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 14, 2011. Requests for
public meetings must be received by the
Coast Guard on or before June 14, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0044 using any one of the
following methods:
SUMMARY:
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Proposed Rules
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Lieutenant Paul A.
Steiner, Sector Miami Prevention
Department, Coast Guard; telephone
305–535–8724, e-mail
Paul.A.Steiner@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0044),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, 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
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and a mailing address, an e-mail
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0044’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 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 rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0044’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a public meeting on or before June
14, 2011 using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
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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.
Basis and Purpose
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish regulated navigation areas
(RNAs) and limited access areas: 33
U.S.C. 1226, 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, and 160.5;
Pub. L. 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 in
the area and to protect all persons,
vessels, and the marine environment.
Discussion of Proposed Rule
The proposed rule would designate an
RNA encompassing all waters within
one nautical mile of the center of the
Intracoastal Waterway from Featherbed
Bank extending 14 nautical miles north
to the Rickenbacker Causeway Bridge.
The RNA would be enforced daily from
12:01 p.m. until 11:59 p.m. on the
Saturday and Sunday of the second
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 RNA is necessary to ensure the
safety of the public. The close proximity
of numerous vessels transiting that
portion of the Intracoastal Waterway
encompassed within the proposed RNA
during Columbus Day weekend poses a
hazardous condition. The RNA would
result in the transiting of vessels at a
safer speed, thereby significantly
reducing the threat of vessel collisions.
Requiring vessels within the RNA 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.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Proposed Rules
Executive Order 12866 and Executive
Order 13563
ADDRESSES)
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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The proposed RNA would be in
effect for only two days 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
RNA does not prohibit vessels from
transiting the area; (3) vessels could still
operate in surrounding waters that are
not encompassed within the RNA
without the restrictions imposed by the
RNA; and (4) advance notification of the
RNA’s enforcement would be made to
the local maritime community via Local
Notice to Mariners and Broadcast Notice
to Mariners.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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. This rule may affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to transit
the RNA on the Saturday and Sunday of
the second week in October (Columbus
Day weekend). 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 rule would have a
significant economic impact on it,
please submit a comment (see
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explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Lieutenant
Paul A. Steiner, Sector Miami
Prevention Department, Coast Guard;
telephone 305–535–8724, e-mail
Paul.A.Steiner@uscg.mil. 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.
24839
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.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This 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.
Indian Tribal Governments
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
Federalism
Energy Effects
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order 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.
Collection of Information
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 rule elsewhere
in this preamble.
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.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Proposed Rules
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing an RNA, as
described in paragraph 34(g) of the
Instruction. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed 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 proposes to
amend 33 CFR part 165 as follows:
position 25° 43′57″ N, 80° 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) During each
enforcement period, 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.
(d) Enforcement Period. This rule will
be enforced daily from 12:01 p.m. until
11:59 p.m. on the Saturday and Sunday
of the second week in October
(Columbus Day weekend) each year.
authorized by the Captain of the Port
Miami or a designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 19, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0195 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Dated: April 7, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–10665 Filed 5–2–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. The authority citation for part 165
continues to read as follows:
33 CFR Part 165
Authority: 33 U.S.C. 1226, 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.
RIN 1625–AA00
2. Add 33 CFR 165.779 to read as
follows:
AGENCY:
§ 165.779 Regulated Navigation Area;
Columbus Day Weekend, Biscayne Bay,
Miami, FL.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
SUMMARY:
16:20 May 02, 2011
Jkt 223001
Safety Zone; 2011 Rohto Ironman 70.3
Miami, Biscayne Bay, Miami, FL
ACTION:
(a) Regulated Area. The regulated
navigation area encompasses all waters
in Biscayne Bay between Featherbed
Bank and the Rickenbacker Causeway
Bridge contained within an imaginary
line connecting the following points:
beginning at Point 1 in position 25°
44′49″ N, 80° 12′02″ W; thence
southwest to Point 2 in position 25°
31′21″ N, 80° 15′28″ W; thence southeast
to Point 3 in position 25° 30′53″ N, 80°
13′20″ W; thence northeast to Point 4 in
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[Docket No. USCG–2011–0195]
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a temporary safety zone on
Biscayne Bay, east of Bayfront Park, in
Miami, Florida during the 2011 Rohto
Ironman 70.3 Miami, a triathlon. The
Rohto Ironman 70.3 Miami is scheduled
to take place on Sunday, October 30,
2011. The temporary safety zone is
necessary for the safety of race
participants, participant vessels, and the
general public during the 1.2 mile swim
portion of this competition. Persons and
vessels will be prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
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If
you have questions on this proposed
rule, call or e-mail Lieutenant Paul A.
Steiner, Sector Miami Prevention
Department, Coast Guard; telephone
305–535–8724, e-mail
Paul.A.Steiner@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0195),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
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]]>Agencies
[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24837-24840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10665]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0044]
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 permanent regulated
navigation area (RNA) on Biscayne Bay in Miami, Florida. The RNA would
be enforced annually on the Saturday and Sunday of the second week in
October (Columbus Day weekend). It would include all waters within one
nautical mile of the center of the Intracoastal Waterway between
Featherbed Bank and the Rickenbacker Causeway Bridge. All vessels
within the RNA 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 RNA is necessary to ensure the safe transit of
vessels and to protect the marine environment.
DATES: Comments and related material must be received by the Coast
Guard on or before July 14, 2011. Requests for public meetings must be
received by the Coast Guard on or before June 14, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0044 using any one of the following methods:
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(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Paul A. Steiner, Sector Miami
Prevention Department, Coast Guard; telephone 305-535-8724, e-mail
Paul.A.Steiner@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0044), 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 (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, 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 e-mail 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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0044'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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 rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0044'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a public meeting on or before June 14, 2011 using one of
the four 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.
Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas (RNAs) and limited
access areas: 33 U.S.C. 1226, 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, and 160.5; Pub. L.
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 in the area and to protect all persons, vessels, and the marine
environment.
Discussion of Proposed Rule
The proposed rule would designate an RNA encompassing all waters
within one nautical mile of the center of the Intracoastal Waterway
from Featherbed Bank extending 14 nautical miles north to the
Rickenbacker Causeway Bridge. The RNA would be enforced daily from
12:01 p.m. until 11:59 p.m. on the Saturday and Sunday of the second
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 RNA is necessary to ensure the safety of the public. The close
proximity of numerous vessels transiting that portion of the
Intracoastal Waterway encompassed within the proposed RNA during
Columbus Day weekend poses a hazardous condition. The RNA would result
in the transiting of vessels at a safer speed, thereby significantly
reducing the threat of vessel collisions. Requiring vessels within the
RNA 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.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
[[Page 24839]]
Executive Order 12866 and Executive Order 13563
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The proposed RNA would be in effect for only two
days 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 RNA does
not prohibit vessels from transiting the area; (3) vessels could still
operate in surrounding waters that are not encompassed within the RNA
without the restrictions imposed by the RNA; and (4) advance
notification of the RNA's enforcement would be made to the local
maritime community via Local Notice to Mariners and Broadcast Notice to
Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This rule may affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit the RNA on the Saturday and Sunday of the second
week in October (Columbus Day weekend). 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 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.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Paul A. Steiner,
Sector Miami Prevention Department, Coast Guard; telephone 305-535-
8724, e-mail Paul.A.Steiner@uscg.mil. 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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 rule elsewhere in this
preamble.
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.
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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This 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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing an RNA, as described in paragraph 34(g) of
the Instruction. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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 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. 1226, 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. Add 33 CFR 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 in Biscayne Bay between Featherbed Bank and the Rickenbacker
Causeway Bridge contained within an imaginary line connecting the
following points: beginning at Point 1 in position 25[deg] 44'49'' N,
80[deg] 12'02'' W; thence southwest to Point 2 in position 25[deg]
31'21'' N, 80[deg] 15'28'' W; thence southeast to Point 3 in position
25[deg] 30'53'' N, 80[deg] 13'20'' W; thence northeast to Point 4 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) During each enforcement period, 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.
(d) Enforcement Period. This rule will be enforced daily from 12:01
p.m. until 11:59 p.m. on the Saturday and Sunday of the second week in
October (Columbus Day weekend) each year.
Dated: April 7, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2011-10665 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P
