Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay, Miami, FL, 62437-62440 [2012-25126]
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule does not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
7. 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.
8. 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.
erowe on DSK2VPTVN1PROD with
9. 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
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does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Authority: 33 U.S.C. 1231; Department of
Homeland Security Delegation No. 0170.1.
10. 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.
§ 162.138
[Amended]
2. In § 162.138(a)(1)(ii), remove the
words ‘‘Detroit River Light’’ and in their
place add the words ‘‘D33 stationary
light in the Detroit River entrance’’.
Dated: October 1, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2012–25141 Filed 10–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
11. Energy Effects
5. Federalism
62437
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0191]
12. Technical Standards
RIN 1625–AA11
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Regulated Navigation Area; Columbus
Day Weekend, Biscayne Bay, Miami,
FL
ACTION:
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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
amendments to navigation regulations
and thus, is categorically excluded
under paragraph 34(i) of the
Commandant Instruction. A Categorical
Exclusion Determination (CED) and a
preliminary environmental analysis
checklist are available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects 33 CFR Part 162
Navigation (water), Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 162 as follows:
PART 162—INLAND WATERWAYS
NAVIGATION REGULATIONS
1. The authority citation for part 162
continues to read as follows:
■
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Coast Guard, DHS.
Final rule.
AGENCY:
13. Environment
Sfmt 4700
The Coast Guard is amending
the Columbus Day weekend regulated
navigation area on Biscayne Bay in
Miami, Florida. The amended regulated
navigation area alters the boundaries of
the area and expands the enforcement
period. These regulations are necessary
to protect the public during Columbus
Day weekend; a period that has
historically had a significant
concentration of persons and vessels on
the waters of Biscayne Bay. To ensure
the public’s safety, all vessels within the
regulated navigation area are: Required
to transit the regulated navigation area
at no more than 15 knots; subject to
control by the Coast Guard; and
required to follow the instructions of all
law enforcement vessels in the area.
DATES: This rule will be effective
November 14, 2012 and will be enforced
annually on Columbus Day weekend,
starting at 12:01 p.m. on the Saturday
before Columbus Day, through 2 a.m. on
Monday (the Columbus Day holiday).
Columbus Day is the federally
recognized holiday occurring annually
on the second Monday in October.
ADDRESSES: Documents indicated in this
preamble are part of docket USCG–
2012–0191. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
Mike.H.Wu@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
erowe on DSK2VPTVN1PROD with
I. Regulatory History and Information
On July 25, 2012, we published a
Notice of Proposed Rulemaking (NPRM)
entitled USCG–2012–0191 in the
Federal Register (73 FR 2012–18151).
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Our experience in
administering the current Biscayne Bay
Columbus Day regulated navigation area
(RNA), established in 2011 and
contained in 33 CFR 165.779, persuaded
us that altering the dimensions of the
RNA and slightly extending the hours of
its enforcement is necessary to better
protect the public. During this period,
numerous vessels concentrate on the
waters of Biscayne Bay during the high
traffic hours of Columbus Day weekend.
This rule is necessary to protect the
public on this congested waterway,
including during Columbus Day 2012.
Under these circumstances, it would be
contrary to the public interest in
maintaining safety in Biscayne Bay to
delay the effective date of the final.
II. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
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Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to ensure
the safe transit of vessels and to protect
persons, vessels, and the marine
environment within the regulated
navigation area during the Columbus
Day weekend.
III. Discussion of Comments, Changes
and the Final Rule
While no comments were receiving
following the NPRM, the final rule has
been modified by clarifying that
Columbus Day weekend is the weekend
preceding the second Monday of
October.
This final rule revises the existing
Biscayne Bay Columbus Day RNA in 33
CFR 165.779 by altering the RNA’s
boundaries and revising the
enforcement period, extending it by two
hours into the early morning of
Columbus Day. The revised RNA
encompasses certain waters of Biscayne
Bay between Rickenbacker Causeway
Bridge and Coon Point on Elliot Key in
Miami, Florida.
All vessels within the regulated
navigation area are: (1) Required to
transit the area at no more than 15
knots; (2) subject to control by the Coast
Guard; and (3) required to follow the
instructions of all law enforcement
vessels in the area.
The regulated navigation area is
necessary to ensure the safety of the
public during a time of heightened
vessel traffic in the aforementioned area.
Each year numerous recreation vessels,
which include an annual sailing regatta,
congregate in the waters of Biscayne Bay
during Columbus Day weekend. The
close proximity of numerous vessels
within the proposed regulated
navigation area during Columbus Day
weekend poses a hazardous condition.
The regulated navigation area will
result in the transiting of vessels at a
reduced speed, thereby significantly
reducing the threat of vessel collisions.
Requiring vessels within the regulated
navigation area to transit at no more
than 15 knots will also enable law
enforcement officials to identify,
respond to, query, and stop operators
who may pose a hazard to other vessels
in the area. Nothing in this regulation
alleviates the requirement for vessel
operators from complying with all other
federal, state, and local laws in the area,
including manatee slow speed zones.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
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based on a number of these statutes or
executive orders.
A. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) The regulated navigation area will be
enforced for less than 2 days each year;
(2) although, during the enforcement
period, vessels are required to transit
the area at no more than 15 knots, be
subjected to control by the Coast Guard,
and be required to follow the
instructions of all law enforcement
vessels in the area, the regulated
navigation area does not prohibit vessels
from transiting the area; (3) vessels will
still be able operate in surrounding
waters that are not encompassed within
the regulated navigation area without
the restrictions imposed by the
regulated navigation area; and (4)
advance notification of the regulated
navigation area will be made to the local
maritime community via Local Notice to
Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the regulated
navigation area from 12:01 p.m. on
Saturday until 2 a.m. on Monday on the
weekend preceding the federally
recognized holiday of Columbus Day
occurring annually on the second
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
Monday in October. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
on a substantial number of small
entities.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
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6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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Fmt 4700
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62439
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a regulated navigation area
to ensure the safe transit of vessels and
to protect persons, vessels, and the
marine environment within the
regulated navigation area during the
Columbus Day weekend, which will be
enforced for less than 2 days each year.
This rule is categorically excluded,
under figure 2–1, paragraph (34)(g), of
the Instruction. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
■
2. Revise § 165.779 to read as follows:
§ 165.779 Regulated Navigation Area;
Columbus Day Weekend, Biscayne Bay,
Miami, FL.
(a) Regulated Area. The regulated
navigation area encompasses all waters
of Biscayne Bay between Rickenbacker
Causeway Bridge and Coon Point, Elliot
Key contained within an imaginary line
connecting the following points:
beginning at Point 1 in position
25°44′49″ N, 80°12′04″ W; thence
southwest to Point 2 in position
25°30′00″ N, 80°15′48″ W; thence
southeast to Point 3 in position
25°28′22″ N, 80°15′00″ W; thence east to
Point 4 in position 25°28′23″ N,
80°12′53″ W; thence northeast to Point
5 in position 25°30′00″ N, 80°12′06″ W;
thence west to Point 6 in position
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
25°30′00″ N, 80°13′17″ W; thence
northwest to Point 7 in position
25°30′53″ N, 80°13′21″ W; thence
northeast to Point 8 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) All vessels within
the regulated area are required to transit
at no more than 15 knots, are subject to
control by the Coast Guard, and must
follow the instructions of designated
representatives.
(2) At least 48 hours prior to each
enforcement period, the Coast Guard
will provide notice of the regulated area
through advanced notice via Local
Notice to Mariners and Broadcast Notice
to Mariners. The Coast Guard will also
provide notice of the regulated area by
on-scene designated representatives.
(d) Enforcement Period. This rule will
be in enforced annually on Columbus
Day weekend, starting at 12:01 p.m. on
the Saturday before Columbus Day,
through 2:00 a.m. on Monday (the
Columbus Day holiday). Columbus Day
is the federally recognized holiday
occurring annually on the second
Monday in October.
Dated: September 28, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2012–25126 Filed 10–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0889]
RIN 1625–AA00
Safety Zone; Wounded Warriors
Benefit, Lake Erie, Huron, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Lake Erie, East Huron,
Ohio. This regulation is intended to
restrict vessels from portions of Lake
Erie during the Wounded Warriors
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SUMMARY:
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Benefit. This safety zone is necessary to
protect spectators and vessels from the
hazards associated with launched
pumpkins.
DATES: This rule is effective from 10:00
a.m. on October 27, 2012, until 7:00
p.m. on October 28, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0889. To view documents
mentioned in this preamble as being
available in the docket, go https://www.
regulations.gov, type the docket number
in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m., Monday through
Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email the Marine Events
Coordinator, LTJG Benjamin Nessia,
Marine Safety Unit, Toledo, 420
Madison Avenue Suite 700, Toledo, OH
43604; (419) 418–6040, email
Benjamin.B.Nessia@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The details of this
year’s event were not submitted in
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, waiting for a notice
and comment period to run would
inhibit the Coast Guard from protecting
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the public and vessels from the hazards
associated with the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
impracticable and contrary to the public
interest for the same reasons discussed
in the preceding paragraph.
B. Basis and Purpose
On October 27, 2012, a pumpkin
launching event will take place on Lake
Erie in which participants shoot
pumpkins from an air cannon into the
lake in East Huron, OH. This event is
known as the Wounded Warriors
Benefit. The Captain of the Port Detroit
has determined that this benefit is in
close proximity to other watercraft and
poses a significant risk to public safety
and property. Thus, the Captain of the
Port Detroit has determined it necessary
to establish a safety zone to control
vessel movement around the location of
the launch platform which will help
ensure the safety of persons and
property at these events and help
minimize the associated risks.
C. Discussion of Proposed Rule
As suggested above, this rule is
intended to ensure safety of the public
and vessels during the Wounded
Warriors Benefit. This rule will be
effective from 10:00 a.m. on October 27,
2012 until 7:00 p.m. on October 28,
2012, and enforced from 10:00 a.m.
until 7:00 p.m. on October 27, 2012; in
the event of inclement weather, the zone
will be enforced from 10:00 a.m. until
7:00 p.m. on October 28, 2012. The
safety zone will encompass all waters of
Lake Erie within a 2500 ft radius of the
pumpkin launching site located at
position 41° 23′ 6.7194″ N, ¥82° 27′
46.6812″ W. All geographic coordinates
are North American Datum of 1983
(NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or his designated on scene
representative. The on-scene
representative may be present on any
Coast Guard, state or local law
enforcement, or sponsor provided vessel
assigned to patrol the event. The
Captain of the Port or his designated onscene representative may be contacted
via VHF Channel 16.
C. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
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]]>Agencies
[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62437-62440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25126]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0191]
RIN 1625-AA11
Regulated Navigation Area; Columbus Day Weekend, Biscayne Bay,
Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the Columbus Day weekend regulated
navigation area on Biscayne Bay in Miami, Florida. The amended
regulated navigation area alters the boundaries of the area and expands
the enforcement period. These regulations are necessary to protect the
public during Columbus Day weekend; a period that has historically had
a significant concentration of persons and vessels on the waters of
Biscayne Bay. To ensure the public's safety, all vessels within the
regulated navigation area are: Required to transit the regulated
navigation area at no more than 15 knots; subject to control by the
Coast Guard; and required to follow the instructions of all law
enforcement vessels in the area.
DATES: This rule will be effective November 14, 2012 and will be
enforced annually on Columbus Day weekend, starting at 12:01 p.m. on
the Saturday before Columbus Day, through 2 a.m. on Monday (the
Columbus Day holiday). Columbus Day is the federally recognized holiday
occurring annually on the second Monday in October.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2012-0191. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
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Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
Mike.H.Wu@uscg.mil. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
I. Regulatory History and Information
On July 25, 2012, we published a Notice of Proposed Rulemaking
(NPRM) entitled USCG-2012-0191 in the Federal Register (73 FR 2012-
18151). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Our experience in administering
the current Biscayne Bay Columbus Day regulated navigation area (RNA),
established in 2011 and contained in 33 CFR 165.779, persuaded us that
altering the dimensions of the RNA and slightly extending the hours of
its enforcement is necessary to better protect the public. During this
period, numerous vessels concentrate on the waters of Biscayne Bay
during the high traffic hours of Columbus Day weekend. This rule is
necessary to protect the public on this congested waterway, including
during Columbus Day 2012. Under these circumstances, it would be
contrary to the public interest in maintaining safety in Biscayne Bay
to delay the effective date of the final.
II. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to ensure the safe transit of vessels
and to protect persons, vessels, and the marine environment within the
regulated navigation area during the Columbus Day weekend.
III. Discussion of Comments, Changes and the Final Rule
While no comments were receiving following the NPRM, the final rule
has been modified by clarifying that Columbus Day weekend is the
weekend preceding the second Monday of October.
This final rule revises the existing Biscayne Bay Columbus Day RNA
in 33 CFR 165.779 by altering the RNA's boundaries and revising the
enforcement period, extending it by two hours into the early morning of
Columbus Day. The revised RNA encompasses certain waters of Biscayne
Bay between Rickenbacker Causeway Bridge and Coon Point on Elliot Key
in Miami, Florida.
All vessels within the regulated navigation area are: (1) Required
to transit the area at no more than 15 knots; (2) subject to control by
the Coast Guard; and (3) required to follow the instructions of all law
enforcement vessels in the area.
The regulated navigation area is necessary to ensure the safety of
the public during a time of heightened vessel traffic in the
aforementioned area. Each year numerous recreation vessels, which
include an annual sailing regatta, congregate in the waters of Biscayne
Bay during Columbus Day weekend. The close proximity of numerous
vessels within the proposed regulated navigation area during Columbus
Day weekend poses a hazardous condition.
The regulated navigation area will result in the transiting of
vessels at a reduced speed, thereby significantly reducing the threat
of vessel collisions. Requiring vessels within the regulated navigation
area to transit at no more than 15 knots will also enable law
enforcement officials to identify, respond to, query, and stop
operators who may pose a hazard to other vessels in the area. Nothing
in this regulation alleviates the requirement for vessel operators from
complying with all other federal, state, and local laws in the area,
including manatee slow speed zones.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The regulated navigation area will be enforced
for less than 2 days each year; (2) although, during the enforcement
period, vessels are required to transit the area at no more than 15
knots, be subjected to control by the Coast Guard, and be required to
follow the instructions of all law enforcement vessels in the area, the
regulated navigation area does not prohibit vessels from transiting the
area; (3) vessels will still be able operate in surrounding waters that
are not encompassed within the regulated navigation area without the
restrictions imposed by the regulated navigation area; and (4) advance
notification of the regulated navigation area will be made to the local
maritime community via Local Notice to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the regulated navigation area from 12:01 p.m. on Saturday until 2 a.m.
on Monday on the weekend preceding the federally recognized holiday of
Columbus Day occurring annually on the second
[[Page 62439]]
Monday in October. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves establishing a regulated navigation area to ensure
the safe transit of vessels and to protect persons, vessels, and the
marine environment within the regulated navigation area during the
Columbus Day weekend, which will be enforced for less than 2 days each
year. This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Revise Sec. 165.779 to read as follows:
Sec. 165.779 Regulated Navigation Area; Columbus Day Weekend,
Biscayne Bay, Miami, FL.
(a) Regulated Area. The regulated navigation area encompasses all
waters of Biscayne Bay between Rickenbacker Causeway Bridge and Coon
Point, Elliot Key contained within an imaginary line connecting the
following points: beginning at Point 1 in position 25[deg]44'49'' N,
80[deg]12'04'' W; thence southwest to Point 2 in position
25[deg]30'00'' N, 80[deg]15'48'' W; thence southeast to Point 3 in
position 25[deg]28'22'' N, 80[deg]15'00'' W; thence east to Point 4 in
position 25[deg]28'23'' N, 80[deg]12'53'' W; thence northeast to Point
5 in position 25[deg]30'00'' N, 80[deg]12'06'' W; thence west to Point
6 in position
[[Page 62440]]
25[deg]30'00'' N, 80[deg]13'17'' W; thence northwest to Point 7 in
position 25[deg]30'53'' N, 80[deg]13'21'' W; thence northeast to Point
8 in position 25[deg]43'57'' N, 80[deg]10'01'' W; thence back to
origin. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations. (1) All vessels within the regulated area are
required to transit at no more than 15 knots, are subject to control by
the Coast Guard, and must follow the instructions of designated
representatives.
(2) At least 48 hours prior to each enforcement period, the Coast
Guard will provide notice of the regulated area through advanced notice
via Local Notice to Mariners and Broadcast Notice to Mariners. The
Coast Guard will also provide notice of the regulated area by on-scene
designated representatives.
(d) Enforcement Period. This rule will be in enforced annually on
Columbus Day weekend, starting at 12:01 p.m. on the Saturday before
Columbus Day, through 2:00 a.m. on Monday (the Columbus Day holiday).
Columbus Day is the federally recognized holiday occurring annually on
the second Monday in October.
Dated: September 28, 2012.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2012-25126 Filed 10-12-12; 8:45 am]
BILLING CODE 9110-04-P
