Meloy Channel, U.S. Coast Guard Base Miami Beach, FL; Restricted Area, 26229-26231 [2012-10606]
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
fiscal year-to-date information in
accordance with 24 CFR 5.801(c)(4).
§ 232.1013
Leases.
Except to enter into resident
agreements in the standard course of
operating the healthcare facility, an
operator may not lease or sublease any
portion of the project without HUD’s
prior written approval.
§ 232.1015
Management agents.
(a) An operator or borrower may, with
the prior written approval of HUD,
execute a management agent agreement
setting forth the duties and procedures
for matters related to the management of
the project. Both the management agent
and the management agent agreement
must be acceptable to HUD and
approved in writing by HUD.
(b) An operator or borrower may not
enter into any agreement that provides
for a management agent to have rights
to or claims on funds owed to the
operator.
(c) Management agent fees may not be
renegotiated without HUD’s written
approval once the management agent
agreement has been executed.
(d) HUD may approve an identity of
interest between a management agent
and a borrower or operator only to the
extent that the goods and services
provided benefit the project and if the
operator clearly establishes that the
amounts paid to the identity-of-interest
management agent for goods and
services provided to the healthcare
facility are not in excess of amounts that
would be charged by an independent
management agent.
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
§ 232.1017 Restrictions on deposit,
withdrawal, and distribution of funds, and
repayment of advances.
(a) Deposit of funds. An operator must
deposit all revenue the operator receives
directly or indirectly in connection with
the operation of the healthcare facility
in a separate, segregated account. The
account must be with a financial
institution whose deposits are insured
by an agency of the Federal
Government, provided that an account
held in an institution acceptable to the
Government National Mortgage
Association may have a balance that
exceeds the amount to which such
insurance is limited.
(b) Withdrawals of funds. Operators,
whether or not an operator is also the
borrower, shall at all times maintain
positive working capital for the
healthcare facility. If a quarterly
financial statement, required pursuant
to § 232.1011, demonstrates negative
working capital for the healthcare
facility, the operator must cure such
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15:19 May 02, 2012
Jkt 226001
violation or HUD may pursue such
remedies as set forth in the insured
mortgage loan’s transactional
documents.
§ 232.1019 Prompt notification to HUD and
mortgagee of circumstances placing the
value of the security at risk.
(a) HUD and the mortgagee shall be
informed of any notification of any
failure to comply with governmental
requirements including the following:
(1) The licensed operator of a project
shall promptly provide the mortgagee
and HUD with a copy of any notification
that has placed the licensure, a provider
funding source, and/or the ability to
admit new residents at risk, and any
responses to those notices, provided
that HUD may determine certain
information to be exempt from this
requirement based upon severity level.
Such required information shall
include, but is not limited to, the
following types of notices and
responses:
(i) The operator shall deliver to HUD
and the mortgagee electronically, within
48 hours after the date of receipt, copies
of any and all notices, reports, surveys,
and other correspondence (regardless of
form) received by the operator from any
governmental authority that includes
any statement, finding, or assertion that:
(A) The operator or the project is or
may be in violation of (or default under)
any of the permits and approvals or any
governmental requirements applicable
thereto;
(B) Any of the permits and approvals
is to be terminated, limited in any way,
or not renewed;
(C) Any civil money penalty (other
than a de minimis amount) is being or
may be imposed; or
(D) The operator or the project is
subject to any governmental
investigation or inquiry involving fraud.
(ii) The operator shall also deliver to
HUD and the mortgagee, simultaneously
with delivery to any governmental
authority, any and all responses given
by or on behalf of the operator to any
of the foregoing and shall provide to
HUD and the mortgagee, promptly upon
request, such additional information
relating to any of the foregoing as HUD
or the mortgagee may request. The
receipt by HUD and/or the mortgagee of
notices, reports, surveys,
correspondence, and other information
shall not in any way impose any
obligation or liability on HUD, the
mortgagee, or their respective agents,
representatives, or designees to take (or
refrain from taking) any action; and
HUD, the mortgagee, and their
respective agents, representatives, and
designees shall have no liability for any
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26229
failure to act thereon or as a result
thereof.
(2) The operator shall provide
additional and ongoing information as
requested by the borrower, mortgagee,
or HUD pertaining to matters related to
that risk. Controlling documents
between or among any of the parties
may provide further requirements with
respect to such notification and
communication.
(b) This section is applicable to all
operators on the effective date of this
regulation.
Dated: April 12, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner .
[FR Doc. 2012–10690 Filed 5–2–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Meloy Channel, U.S. Coast Guard Base
Miami Beach, FL; Restricted Area
United States Army Corps of
Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking
and request for comments.
AGENCY:
The U.S. Army Corps of
Engineers (Corps) is proposing to amend
its regulations to establish a new
restricted area in the waters surrounding
the U.S. Coast Guard Base Miami Beach,
Florida (Base Miami Beach). Base Miami
Beach is composed of multiple U.S.
Coast Guard (USCG) units, both land
and waterside. The facility has one of
the highest operational tempos in the
USCG for both routine and emergency
operations. The amendment to the
regulations is necessary to enhance the
USCG’s ability to secure their shoreline
to counter postulated threats against
their personnel, equipment, cutters and
facilities by providing stand-off
corridors encompassing the waters
immediately contiguous to Base Miami
Beach. The amendment will also serve
to protect the general public from injury
or property damage during routine and
emergency USCG operations and
provide an explosive safety arc buffer
during periodic transfer of ammunitions
between units, including cutters.
DATES: Written comments must be
submitted on or before June 4, 2012.
ADDRESSES: You may submit comments,
identified by docket number COE–
2012–0009, by any of the following
methods:
SUMMARY:
E:\FR\FM\03MYP1.SGM
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wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
26230
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2012–
0009, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2012–0009. All
comments received will be included in
the public docket without change and
may be made available on-line at
https://www.regulations.gov, including
any personal information provided,
unless the commenter indicates that 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 regulations.gov or
email. The regulations.gov web site is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email 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, we recommend 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 we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form.
VerDate Mar<15>2010
15:19 May 02, 2012
Jkt 226001
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Jon M. Griffin, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Executive Summary
The purpose of this regulatory action
is to establish a restricted area in the
waters surrounding the U.S. Coast
Guard Base Miami Beach, Florida to
counter postulated threats against their
personnel, equipment, cutters and
facilities by providing stand-off
corridors encompassing the waters
immediately contiguous to Base Miami
Beach.
The Corps authority to establish this
restricted area is Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat 266;
33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3).
Background
Pursuant to its authorities in Section
7 of the Rivers and Harbors Act of 1917
(40 Stat 266; 33 U.S.C. 1) and Chapter
XIX of the Army Appropriations Act of
1919 (40 Stat 892; 33 U.S.C. 3) the Corps
is proposing to amend the regulations at
33 CFR part 334 by establishing a new
restricted area in the waters near Meloy
Channel, Government Cut Channel, and
Miami Main Channel surrounding Base
Miami Beach. The proposed amendment
to this regulation will allow the Base
Commander, U.S. Coast Guard Base
Miami Beach to restrict passage of
persons, watercraft, and vessels in
waters contiguous to this Command,
thereby providing greater security to the
personnel, equipment, cutters, and
facilities housed at the site.
Procedural Requirements
a. Review Under Executive Order
12866. The proposed rule is issued with
respect to a military function of the
Department of Defense and the
provisions of Executive Order 12866 do
not apply.
b. Review Under the Regulatory
Flexibility Act. The proposed rule has
been reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). Unless information is
obtained to the contrary during the
comment period, the Corps expects that
the proposed rule would have
practically no economic impact on the
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Fmt 4702
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public, or result in no anticipated
navigational hazard or interference with
existing waterway traffic. This proposed
rule, if adopted, will have no significant
economic impact on small entities.
c. Review Under the National
Environmental Policy Act. Due to the
administrative nature of this action and
because there is no intended change in
the use of the area, the Corps expects
that this regulation, if adopted, will not
have a significant impact on the quality
of the human environment and,
therefore, preparation of an
environmental impact statement will
not be required. An environmental
assessment will be prepared after the
public notice period is closed and all
comments have been received and
considered.
d. Unfunded Mandates Act. This
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Therefore, this proposed
rule is not subject to the requirements
of Sections 202 and 205 of the
Unfunded Mandates Reform Act
(UMRA). The proposed rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. Therefore, the proposed
rule is not subject to the requirements
of Section 203 of UMRA.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
For the reasons set out in the
preamble, the Corps proposes to amend
33 CFR part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for part 334
continues to read as follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Add § 334.605 to read as follows:
§ 334.605 Meloy Channel, U.S. Coast
Guard Base Miami Beach, Florida;
restricted area.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States as defined at 33 CFR part
329, within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 25°46′20.07″ N, longitude
080°08′50.94″ W; thence to latitude
25°46′22.69″ N, longitude 080°08′44.01″
W; thence to latitude 25°46′22.02″ N,
longitude 080°08′42.14″ W; thence to
latitude 25°46′12.23″ N, longitude
080°08′35.33″ W; thence to latitude
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
25°46′09.13″ N, longitude 080°08′40.74″
W; thence to latitude 25°46′11.63″ N,
longitude 080°08′43.36″ W; thence to
latitude 25°46′17.22″ N, longitude
080°08′47.17″ W; thence to latitude
25°46′17.15″ N, longitude 080°08′47.62″
W; thence to latitude 25°46′17.63″ N,
longitude 080°08′49.33″ W; thence to
latitude 25°46′18.91″ N, longitude
080°08′50.24″ W; thence proceed
directly to a point on the shoreline at
latitude 25°46′18.76″ N, longitude
080°08′50.71″ W thence following the
mean high water line to the point of
beginning.
(b) The regulations. (1) The restricted
area described in paragraph (a) of this
section is only open to U.S. Government
vessels. U.S. Government vessels
include, but are not limited to, U.S.
Coast Guard and Coast Guard Auxiliary
vessels, Department of Defense vessels,
state and local law enforcement and
emergency services vessels, and vessels
under contract with the U.S.
Government. Warning signs notifying
individuals of the restricted area
boundary and prohibiting all
unauthorized entry into the area will be
posted along the property boundary
and, as appropriate, on the piers of the
MacArthur Causeway Bridge adjacent to
the restricted area.
(2) All persons, vessels, and other
craft are prohibited from entering,
transiting, drifting, dredging, or
anchoring within the restricted area
described in paragraph (a) of this
section without prior approval from the
Base Commander, U.S. Coast Guard
Base Miami Beach or his/her designated
representative.
(3) Fishing, trawling, net-fishing, and
other aquatic activities are prohibited in
the restricted area without prior
approval from the Base Commander,
U.S. Coast Guard Base Miami Beach or
his/her designated representative.
(4) The restrictions described in
paragraph (b) of this section are in effect
24 hours a day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Base Commander, U.S. Coast Guard
Base Miami Beach and/or such persons
or agencies as he/she may designate.
Dated: April 25, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate
of Civil Works.
[FR Doc. 2012–10606 Filed 5–2–12; 8:45 am]
BILLING CODE 3720–58–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2011–0520; FRL–9667–2]
40 CFR Part 147
State of Tennessee; Underground
Injection Control (UIC) Program
Primacy
U.S. Environmental Protection
Agency (EPA).
ACTION: Notice of public comment
period and of public hearing.
AGENCY:
The purpose of this notice is
to announce that: 1 the EPA has
received a complete application from
the State of Tennessee requesting
approval of its Underground Injection
Control program; 2 the EPA has
determined the application contains all
the required elements; 3 the application
is available for inspection and copying
at the address appearing below; 4 public
comments are requested; and (5) a
public hearing will be held.
DATES: Requests for a public hearing
and/or to present oral testimony must be
received by May 31, 2012; if determined
to be warranted, the Public Hearing will
be held on June 7, 2012 at 1:00 p.m.
Requests to testify may be mailed to
Fred McManus, Chief, Ground Water
and SDWA Enforcement Section, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303. If it is
determined that a hearing is warranted,
it will be held on the 17th Floor
Conference Room B, L&C Tower, 401
Church Street, Nashville, Tennessee
37243. Comments will be accepted until
June 14, 2012. The EPA will determine
by June 4, 2012, whether there is
sufficient interest to warrant a public
hearing. Contact Nancy H. Marsh to
determine if a hearing is warranted (see
the FOR FURTHER INFORMATION CONTACT
section).
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2011–0520, by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: marsh.nancy@epa.gov.
• Fax: (404) 562–9439.
• Mail: State of Tennessee;
Underground Injection Control (UIC)
Program Primacy, U.S. Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460. Hand Delivery:
Water Docket, EPA Docket Center (EPA/
DC) EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
SUMMARY:
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26231
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2011–
0520. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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. For additional
information about the EPA’s public
docket, visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the 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
www.regulations.gov or in hard copy at
the following locations:
U.S. Environmental Protection Agency,
Region 4, Library, 9th Floor, 61
Forsyth Street SW., Atlanta, Georgia
30303. The Library is open from
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]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Proposed Rules]
[Pages 26229-26231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10606]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Meloy Channel, U.S. Coast Guard Base Miami Beach, FL; Restricted
Area
AGENCY: United States Army Corps of Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
its regulations to establish a new restricted area in the waters
surrounding the U.S. Coast Guard Base Miami Beach, Florida (Base Miami
Beach). Base Miami Beach is composed of multiple U.S. Coast Guard
(USCG) units, both land and waterside. The facility has one of the
highest operational tempos in the USCG for both routine and emergency
operations. The amendment to the regulations is necessary to enhance
the USCG's ability to secure their shoreline to counter postulated
threats against their personnel, equipment, cutters and facilities by
providing stand-off corridors encompassing the waters immediately
contiguous to Base Miami Beach. The amendment will also serve to
protect the general public from injury or property damage during
routine and emergency USCG operations and provide an explosive safety
arc buffer during periodic transfer of ammunitions between units,
including cutters.
DATES: Written comments must be submitted on or before June 4, 2012.
ADDRESSES: You may submit comments, identified by docket number COE-
2012-0009, by any of the following methods:
[[Page 26230]]
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil. Include the docket number,
COE-2012-0009, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson),
441 G Street NW., Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2012-0009.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that 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 regulations.gov or
email. The regulations.gov web site is an anonymous access system,
which means we will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
directly to the Corps without going through regulations.gov, your email
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, we recommend 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 we cannot read your
comment because of technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
comments should avoid the use of any special characters, any form of
encryption, and be free of any defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Jon M. Griffin, U.S. Army Corps of Engineers,
Jacksonville District, Regulatory Division, at 904-232-1680.
SUPPLEMENTARY INFORMATION:
Executive Summary
The purpose of this regulatory action is to establish a restricted
area in the waters surrounding the U.S. Coast Guard Base Miami Beach,
Florida to counter postulated threats against their personnel,
equipment, cutters and facilities by providing stand-off corridors
encompassing the waters immediately contiguous to Base Miami Beach.
The Corps authority to establish this restricted area is Section 7
of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3).
Background
Pursuant to its authorities in Section 7 of the Rivers and Harbors
Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army
Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3) the Corps is
proposing to amend the regulations at 33 CFR part 334 by establishing a
new restricted area in the waters near Meloy Channel, Government Cut
Channel, and Miami Main Channel surrounding Base Miami Beach. The
proposed amendment to this regulation will allow the Base Commander,
U.S. Coast Guard Base Miami Beach to restrict passage of persons,
watercraft, and vessels in waters contiguous to this Command, thereby
providing greater security to the personnel, equipment, cutters, and
facilities housed at the site.
Procedural Requirements
a. Review Under Executive Order 12866. The proposed rule is issued
with respect to a military function of the Department of Defense and
the provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. The proposed rule
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354)
which requires the preparation of a regulatory flexibility analysis for
any regulation that will have a significant economic impact on a
substantial number of small entities (i.e., small businesses and small
governments). Unless information is obtained to the contrary during the
comment period, the Corps expects that the proposed rule would have
practically no economic impact on the public, or result in no
anticipated navigational hazard or interference with existing waterway
traffic. This proposed rule, if adopted, will have no significant
economic impact on small entities.
c. Review Under the National Environmental Policy Act. Due to the
administrative nature of this action and because there is no intended
change in the use of the area, the Corps expects that this regulation,
if adopted, will not have a significant impact on the quality of the
human environment and, therefore, preparation of an environmental
impact statement will not be required. An environmental assessment will
be prepared after the public notice period is closed and all comments
have been received and considered.
d. Unfunded Mandates Act. This proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any one year. Therefore, this proposed rule is not
subject to the requirements of Sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA). The proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Therefore, the proposed rule is not subject to the
requirements of Section 203 of UMRA.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Restricted areas, Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
1. The authority citation for part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
2. Add Sec. 334.605 to read as follows:
Sec. 334.605 Meloy Channel, U.S. Coast Guard Base Miami Beach,
Florida; restricted area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States as defined at 33 CFR part 329, within the
area bounded by a line connecting the following coordinates: Commencing
from the shoreline at latitude 25[deg]46'20.07'' N, longitude
080[deg]08'50.94'' W; thence to latitude 25[deg]46'22.69'' N, longitude
080[deg]08'44.01'' W; thence to latitude 25[deg]46'22.02'' N, longitude
080[deg]08'42.14'' W; thence to latitude 25[deg]46'12.23'' N, longitude
080[deg]08'35.33'' W; thence to latitude
[[Page 26231]]
25[deg]46'09.13'' N, longitude 080[deg]08'40.74'' W; thence to latitude
25[deg]46'11.63'' N, longitude 080[deg]08'43.36'' W; thence to latitude
25[deg]46'17.22'' N, longitude 080[deg]08'47.17'' W; thence to latitude
25[deg]46'17.15'' N, longitude 080[deg]08'47.62'' W; thence to latitude
25[deg]46'17.63'' N, longitude 080[deg]08'49.33'' W; thence to latitude
25[deg]46'18.91'' N, longitude 080[deg]08'50.24'' W; thence proceed
directly to a point on the shoreline at latitude 25[deg]46'18.76'' N,
longitude 080[deg]08'50.71'' W thence following the mean high water
line to the point of beginning.
(b) The regulations. (1) The restricted area described in paragraph
(a) of this section is only open to U.S. Government vessels. U.S.
Government vessels include, but are not limited to, U.S. Coast Guard
and Coast Guard Auxiliary vessels, Department of Defense vessels, state
and local law enforcement and emergency services vessels, and vessels
under contract with the U.S. Government. Warning signs notifying
individuals of the restricted area boundary and prohibiting all
unauthorized entry into the area will be posted along the property
boundary and, as appropriate, on the piers of the MacArthur Causeway
Bridge adjacent to the restricted area.
(2) All persons, vessels, and other craft are prohibited from
entering, transiting, drifting, dredging, or anchoring within the
restricted area described in paragraph (a) of this section without
prior approval from the Base Commander, U.S. Coast Guard Base Miami
Beach or his/her designated representative.
(3) Fishing, trawling, net-fishing, and other aquatic activities
are prohibited in the restricted area without prior approval from the
Base Commander, U.S. Coast Guard Base Miami Beach or his/her designated
representative.
(4) The restrictions described in paragraph (b) of this section are
in effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Base Commander, U.S. Coast Guard Base Miami Beach and/or such
persons or agencies as he/she may designate.
Dated: April 25, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-10606 Filed 5-2-12; 8:45 am]
BILLING CODE 3720-58-P
