Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay, Miami, FL, 49301-49303 [2011-20246]

Download as PDF Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations Pequonnock River, mile 0.3, at Bridgeport, Connecticut, has a vertical clearance in the closed position of 26 feet at mean high water and 32 feet at mean low water. The drawbridge operation regulations are listed at 33 CFR 117.219(b). The operator of the bridge, Metro North Railroad, requested a temporary deviation from the regulations to facilitate scheduled bridge maintenance, miter rail repair, at the bridge. The waterway users are recreational vessels and commercial lobster boats. The Metro North (Peck) Bridge rarely opens for vessel traffic. The bridge has received no requests to open during the past two years except for bridge testing and repairs. Under this temporary deviation the Metro North (Peck) Bridge may remain in the closed position from August 22, 2011 through November 30, 2011. Vessels that can pass under the bridge in the closed position may do so at all times. The waterway users were advised of the requested bridge closure and offered no objection. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: July 29, 2011 Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 2011–20247 Filed 8–9–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2011–0044] RIN 1625–AA11 Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay, Miami, FL SUMMARY: The Coast Guard is establishing a permanent regulated navigation area (RNA) on Biscayne Bay in Miami, Florida. The RNA will be enforced annually on the Saturday and Sunday of the second week in October (Columbus Day weekend). It includes all waters within one nautical mile of the center of the Intracoastal Waterway 16:51 Aug 09, 2011 On May 3, 2011, we published a notice of proposed rulemaking (NPRM) entitled USCG–2011–0044 in the Federal Register (76 FR 24837). We received no comments on the proposed rule. No public meeting was requested, and none was held. Basis and Purpose Coast Guard, DHS. ACTION: Final rule. AGENCY: mstockstill on DSK4VPTVN1PROD with RULES DATES: The rule will be effective September 9, 2011, and 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. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011–0044 and are available online by going to https:// www.regulations.gov, inserting USCG– 2011–0044 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the 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, 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 e-mail Lieutenant Jennifer S. Makowski, Sector Miami Prevention Department, Coast Guard; telephone 305–535–8724, e-mail Jennifer.S.Makowski@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information 33 CFR Part 165 VerDate Mar<15>2010 between Featherbed Bank and the Rickenbacker Causeway Bridge. All vessels within the RNA are: required to transit the RNA 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. Jkt 223001 The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas (RNAs) and 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 in the area and PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 49301 to protect all persons, vessels, and the marine environment. Discussion of Rule This rule designates 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 in Miami, Florida. The RNA 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. All vessels within the RNA 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 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 RNA during Columbus Day weekend poses a hazardous condition. The RNA will 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 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 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 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. 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 RNA will be in effect for only two days each year; (2) although during the enforcement period vessels will be required to transit the RNA at no more than 15 knots, be subject to control by E:\FR\FM\10AUR1.SGM 10AUR1 49302 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 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 may 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 will 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 rule will 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 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 RNA on the Saturday and Sunday of the second week in October (Columbus Day weekend). For the reasons discussed in the Executive Order 12866 and Executive Order 13563 section above, this rule will not have significant economic impact on a substantial number of small entities. complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls 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 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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. mstockstill on DSK4VPTVN1PROD with RULES Assistance for Small Entities Civil Justice Reform Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. 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 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. VerDate Mar<15>2010 16:51 Aug 09, 2011 Jkt 223001 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. 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 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 adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 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 that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph 34(g), of the Instruction. This rule involves establishing an RNA, as described in paragraph 34(g) of the Instruction, from Featherbed Bank in Biscayne Bay north to the Rickenbacker Causeway in Miami, Florida. An E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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: BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Add § 165.779 to read as follows: mstockstill on DSK4VPTVN1PROD with RULES § 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°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 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 16:51 Aug 09, 2011 Jkt 223001 40 CFR Part 52 [EPA–R05–OAR–2008–0448; FRL–9450–1] 1. The authority citation for part 165 continues to read as follows: ■ VerDate Mar<15>2010 Dated: June 26, 2011. William D. Baumgartner, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2011–20246 Filed 8–9–11; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ■ 11:59 p.m. on the Saturday and Sunday of the second week in October (Columbus Day weekend) each year. Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Rules Update AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking several actions on a revision to the Minnesota State Implementation Plan (SIP) which updates Minnesota’s rules in the SIP. The Minnesota Pollution Control Agency (MPCA) submitted the SIP revision to EPA on May 5, 2008. The revisions to Minnesota’s air quality rules reflect changes that have occurred to the state rules since 1998. EPA is approving the majority of MPCA’s submittal, which will result in consistent enforceability of rules at the state and Federal levels. EPA is deferring action on two sections of Minnesota’s rules related to the state’s operating permit program. Finally, EPA is disapproving the state’s request to remove the Minneapolis/St. Paul vehicle inspection and maintenance program from the Minnesota SIP. These actions are consistent with the Clean Air Act (CAA) and EPA regulations. DATES: This direct final rule will be effective October 11, 2011, unless EPA receives adverse comments by September 9, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2008–0448, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: aburano.douglas@epa.gov. 3. Fax: (312)408–2279. 4. Mail: Doug Aburano, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 49303 Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Doug Aburano, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2008– 0448. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// E:\FR\FM\10AUR1.SGM 10AUR1

Agencies

[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49301-49303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20246]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a permanent regulated 
navigation area (RNA) on Biscayne Bay in Miami, Florida. The RNA will 
be enforced annually on the Saturday and Sunday of the second week in 
October (Columbus Day weekend). It includes 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 are: required to transit the RNA 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: The rule will be effective September 9, 2011, and 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.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0044 and are available online by going to 
https://www.regulations.gov, inserting USCG-2011-0044 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, 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 e-mail Lieutenant Jennifer S. Makowski, Sector Miami Prevention 
Department, Coast Guard; telephone 305-535-8724, e-mail 
Jennifer.S.Makowski@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 3, 2011, we published a notice of proposed rulemaking (NPRM) 
entitled USCG-2011-0044 in the Federal Register (76 FR 24837). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas (RNAs) and 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 in 
the area and to protect all persons, vessels, and the marine 
environment.

Discussion of Rule

    This rule designates 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 in Miami, Florida. The RNA 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. All vessels within 
the RNA 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 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 RNA during Columbus Day 
weekend poses a hazardous condition. The RNA will 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 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 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 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.

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 RNA will be in effect for only two days each 
year; (2) although during the enforcement period vessels will be 
required to transit the RNA at no more than 15 knots, be subject to 
control by

[[Page 49302]]

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 may 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 will 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 rule will 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 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 RNA on the Saturday and Sunday of the second week in 
October (Columbus Day weekend). For the reasons discussed in the 
Executive Order 12866 and Executive Order 13563 section above, this 
rule will not have significant economic impact on a substantial number 
of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

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.

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.

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.

Energy Effects

    We have analyzed this 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 adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph 34(g), of 
the Instruction. This rule involves establishing an RNA, as described 
in paragraph 34(g) of the Instruction, from Featherbed Bank in Biscayne 
Bay north to the Rickenbacker Causeway in Miami, Florida. An

[[Page 49303]]

environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
Add 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 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: June 26, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2011-20246 Filed 8-9-11; 8:45 am]
BILLING CODE 9110-04-P

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