Regulated Navigation Area; Columbus Day Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL, 72663-72665 [2015-29533]
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72663
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
unpaid as of that date. The restrictions
on collection begin on the date the
request is filed.
(ii) Restriction on collection for
requests for relief made before
December 20, 2006. Unless the IRS
determines that collection will be
jeopardized by delay, no levy or
proceeding in court shall be made,
begun, or prosecuted against a
requesting spouse requesting relief
under § 1.6015–2 or § 1.6015–3 for the
collection of any assessment to which
the request relates until the expiration
of the 90-day period described in
paragraph (b) of this section, or if a
petition is filed with the Tax Court,
until the decision of the Tax Court
becomes final under section 7481. The
restrictions on collection begin on the
date the request is filed with the IRS.
For requests for relief made solely under
§ 1.6015–4, the restrictions on collection
do not begin until December 20, 2006,
and only apply with respect to liabilities
remaining unpaid on or after that date.
(iii) Rules for determining the period
of the restrictions on collection. For
more information regarding the date on
which a decision of the Tax Court
becomes final, see section 7481 and the
regulations thereunder.
Notwithstanding paragraphs (c)(1)(i)
and (ii) of this section, if the requesting
spouse appeals the Tax Court’s decision,
the IRS may resume collection of the
liability from the requesting spouse on
the date the requesting spouse files the
notice of appeal, unless the requesting
spouse files an appeal bond pursuant to
the rules of section 7485. Jeopardy
under paragraphs (c)(1)(i) and (ii) of this
section means conditions exist that
would require an assessment under
section 6851 or 6861 and the regulations
thereunder.
*
*
*
*
*
(3) Suspension of the running of the
period of limitations. The running of the
period of limitations in section 6502 on
collection against the requesting spouse
of the assessment to which the request
under § 1.6015–2, § 1.6015–3, or
§ 1.6015–4 relates is suspended for the
period during which the IRS is
prohibited by paragraph (c)(1) of this
section from collecting by levy or a
proceeding in court and for 60 days
thereafter. If the requesting spouse,
however, signs a waiver of the
restrictions on collection in accordance
with paragraph (c)(2) of this section, the
suspension of the period of limitations
in section 6502 on collection against the
requesting spouse will terminate on the
date that is 60 days after the date the
waiver is filed with the IRS.
(4) * * *
(iii) Assessment to which the request
relates. For purposes of this paragraph
(c), the assessment to which the request
relates is the entire assessment of the
understatement or the balance due
shown on the return to which the
request relates, even if the request for
relief is made with respect to only part
of that understatement or balance due.
(d) Effective/applicability date. This
section will be applicable on the date of
publication of a Treasury decision
adopting these rules as final regulations
in the Federal Register.
■ Par. 15. Section 1.6015–8 is amended
by adding paragraph (d) to read as
follows:
§ 1.6015–8
*
*
*
*
(d) Effective/applicability date. This
section will be applicable on the date of
publication of a Treasury decision
adopting these rules as final regulations
in the Federal Register.
§ 1.6015–9
■
[Removed]
Par. 16. Section 1.6015–9 is removed.
§§ 1.6015–3 and 1.6015–8
Remove
1.6015–3(c)(4) Example 4 (ii), (iii), (iv), and (v), first sentence ..............
1.6015–3(c)(4) Example 5 (ii), (iii), and (iv), first sentence ....................
1.6015–8(c) Example 1, fifth sentence ...................................................
Example 5 ......................................
Example 6 ......................................
6015(b) ..........................................
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2015–29609 Filed 11–19–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0786]
RIN 1625–AA11
Regulated Navigation Area; Columbus
Day Weekend, New Year’s Eve Events,
and Fourth of July Events; Biscayne
Bay, Miami, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
amending the Columbus Day weekend
SUMMARY:
VerDate Sep<11>2014
17:58 Nov 19, 2015
Jkt 238001
regulated navigation area on Biscayne
Bay in Miami, Florida. The proposed
amended regulation extends the
Biscayne Bay regulated navigation
enforcement period to New Year’s Eve
and Fourth of July events. It also
expands the boundaries of the regulated
navigation area south to Turkey Point,
east to Elliott Key, west to the shoreline,
and north to the Julia Tuttle Causeway.
These regulations are necessary to
protect the public during Columbus Day
weekend, New Year’s Eve events, and
Fourth of July events; periods that have
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. We
invite your comments on this proposed
rulemaking.
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Fmt 4702
Sfmt 4702
[Amended]
Par. 17. For each entry in the
‘‘Section’’ column remove the language
in the ‘‘Remove’’ column and add the
language in the ‘‘Add’’ column in its
place.
■
Section
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Applicable liabilities.
*
Add
Example 4.
Example 5.
6015.
Comments and related material
must be received by the Coast Guard on
or before December 21, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0786 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Benjamin R. Colbert, Waterways
Management Division, U.S. Coast
Guard; telephone 305–535–4317, email
Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
E.O. Executive Order
FR Federal Register
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72664
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
II. Background, Purpose, and Legal
Basis
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget.
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 for Columbus Day events
and less for New Year’s Eve and Fourth
of July events; (2) although, during the
enforcement period, vessels are required
to transit the area at no more than 15
knots, are subject to control by the Coast
Guard, and are 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) during the
enforcement period, vessels will be able
to operate in waters that are not
encompassed within the regulated
navigation area without the restrictions
imposed by the regulated navigation
area; and (4) advance notification will
be made to the local maritime
community via Local Notice to Mariners
and Broadcast Notice to Mariners.
Recreational boating traffic on the
waters of Biscayne Bay increases
significantly during Columbus Day,
New Year’s Eve, and Fourth of July
events. In recent years, recreational
vessel speed, especially in crossing
navigational channels, contributed to
incidents that resulted in severe injury
and death. This proposed regulation
seeks to increase public safety on the
waters of Biscayne Bay during holidays
known for increased vessel traffic by
requiring vessels to travel at a maximum
speed of 15 knots. It also subjects
recreational vessels to the control by
Coast Guard and local law enforcement
authorities.
The legal basis for this proposed rule
is the Coast Guard’s authority to
establish regulated navigation areas and
other limited access areas: 33 U.S.C.
1231; 50 U.S.C. 191; 33 CFR 1.05–1,
6.04–1, 6.04–6, and 160.5; Department
of Homeland Security Delegation No.
0170.1.
The purpose of the proposed 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, New Year’s
Eve, and the Fourth of July.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
III. Discussion of Proposed Rule
The District Commander for the Coast
Guard’s Seventh District proposes to
establish a regulated navigational area
in the Biscayne Bay from noon on the
Saturday preceding Columbus Day to 2
a.m. on Columbus Day; from 9 p.m.
December 31st until 2 a.m. January 1st;
and from 7 p.m. until 2 a.m. on the
night Fourth of July fireworks are
scheduled in Downtown Miami and Key
Biscayne. This regulated navigation area
would encompass waters of the
Biscayne Bay between Julia Tuttle
Causeway Bridge and Turkey Point in
Homestead, Florida.
All vessels within the proposed
regulated navigation area are: (1)
Required to transit the regulated
navigation 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.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
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17:58 Nov 19, 2015
Jkt 238001
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
navigation area may be small entities,
for the reasons stated in Section IV.A
above this proposed rule would not
have a significant economic impact on
any vessel owner or operator.
If you think that your business,
organization, or governmental
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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 proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
E:\FR\FM\20NOP1.SGM
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Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves establishing a regulated
navigation area which will be enforced
for less than 48 hours. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. Documents
mentioned in this notice, and all public
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17:58 Nov 19, 2015
Jkt 238001
comments, are in our online docket at
https://www.regulations.gov and can be
viewed by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
72665
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. 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.
(d) Enforcement period. (1) This
section will be in enforced annually on
Columbus Day weekend, starting at
noon on the Saturday before Columbus
Day through 2 a.m. on Monday (the
Columbus Day holiday); from 9 p.m.
December 31st until 2 a.m. January 1st;
and from 7 p.m. until 2 a.m. on the
night Fourth of July fireworks are
scheduled in Downtown Miami and Key
Biscayne.
(2) Columbus Day is the federally
recognized holiday occurring annually
on the second Monday in October.
Dated: November 13, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2015–29533 Filed 11–19–15; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for 33 CFR
part 165 continues to read as follows:
DEPARTMENT OF AGRICULTURE
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Forest Service
■
■
36 CFR Part 294
RIN 0596–AD26
2. Revise § 165.779 to read as follows:
§ 165.779 Regulated Navigation Area;
Columbus Day Weekend, New Year’s Eve
Events, and Fourth of July Events;
Biscayne Bay, Miami, FL.
(a) Regulated area. The regulated
navigation area encompasses all waters
of Biscayne Bay between Julia Tuttle
and Turkey Point contained within the
following points: beginning at Point 1 in
position 25°48′43″ N, 80°08′29″ W;
thence south to Point 2 in position
25°29′07″ N, 80°10′44″ W; thence
southwest to Point 3 in position
25°25′51″ N, 80°12′00″ W; thence west
to Point 4 in position 25°25′51″ N,
80°19′42″ W; thence north to Point 5 in
position 25°29′10″ N, 80°20′58″ W;
thence northwest to Point 6 in position
25°37′35″ N, 80°18′28″ W; thence
northwest to Point 7 in position
25°48′44″ N, 80°11′17″ 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
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Fmt 4702
Sfmt 4702
Roadless Area Conservation; National
Forest System Lands in Colorado
Forest Service, USDA.
Notice of proposed rulemaking;
request for comment.
AGENCY:
ACTION:
The U.S. Department of
Agriculture (USDA) is proposing to
reinstate the North Fork Coal Mining
Area exception of the Colorado Roadless
Rule. The Colorado Roadless Rule is a
State-specific rule that provides
direction for conserving and managing
approximately 4.2 million acres of
Colorado Roadless Areas (CRAs) on
National Forest System (NFS) lands
within the state of Colorado. The North
Fork Coal Mining Area exception
allowed for temporary road construction
for coal exploration and/or coal-related
surface activities in an area defined as
the North Fork Coal Mining Area, which
was inadvertently reported as 19,100
acres in 2012, and was actually 19,500
acres. The Forest Service, on behalf of
the Department, has prepared a
supplemental environmental impact
statement (SEIS) addressing specific
environmental disclosure deficiencies
SUMMARY:
E:\FR\FM\20NOP1.SGM
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Agencies
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72663-72665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29533]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0786]
RIN 1625-AA11
Regulated Navigation Area; Columbus Day Weekend, New Year's Eve
Events, and Fourth of July Events; Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes amending the Columbus Day weekend
regulated navigation area on Biscayne Bay in Miami, Florida. The
proposed amended regulation extends the Biscayne Bay regulated
navigation enforcement period to New Year's Eve and Fourth of July
events. It also expands the boundaries of the regulated navigation area
south to Turkey Point, east to Elliott Key, west to the shoreline, and
north to the Julia Tuttle Causeway. These regulations are necessary to
protect the public during Columbus Day weekend, New Year's Eve events,
and Fourth of July events; periods that have 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. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 21, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0786 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Benjamin R. Colbert,
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4317, email Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
E.O. Executive Order
FR Federal Register
[[Page 72664]]
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Recreational boating traffic on the waters of Biscayne Bay
increases significantly during Columbus Day, New Year's Eve, and Fourth
of July events. In recent years, recreational vessel speed, especially
in crossing navigational channels, contributed to incidents that
resulted in severe injury and death. This proposed regulation seeks to
increase public safety on the waters of Biscayne Bay during holidays
known for increased vessel traffic by requiring vessels to travel at a
maximum speed of 15 knots. It also subjects recreational vessels to the
control by Coast Guard and local law enforcement authorities.
The legal basis for this proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
The purpose of the proposed 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,
New Year's Eve, and the Fourth of July.
III. Discussion of Proposed Rule
The District Commander for the Coast Guard's Seventh District
proposes to establish a regulated navigational area in the Biscayne Bay
from noon on the Saturday preceding Columbus Day to 2 a.m. on Columbus
Day; from 9 p.m. December 31st until 2 a.m. January 1st; and from 7
p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled
in Downtown Miami and Key Biscayne. This regulated navigation area
would encompass waters of the Biscayne Bay between Julia Tuttle
Causeway Bridge and Turkey Point in Homestead, Florida.
All vessels within the proposed regulated navigation area are: (1)
Required to transit the regulated navigation 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.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
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 for Columbus Day events and less for New
Year's Eve and Fourth of July events; (2) although, during the
enforcement period, vessels are required to transit the area at no more
than 15 knots, are subject to control by the Coast Guard, and are
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) during the enforcement period, vessels will be
able to operate in waters that are not encompassed within the regulated
navigation area without the restrictions imposed by the regulated
navigation area; and (4) advance notification will be made to the local
maritime community via Local Notice to Mariners and Broadcast Notice to
Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated navigation area may be small entities, for the reasons stated
in Section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a
[[Page 72665]]
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing a regulated navigation area which will be enforced for
less than 48 hours. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for 33 CFR part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.779 to read as follows:
Sec. 165.779 Regulated Navigation Area; Columbus Day Weekend, New
Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL.
(a) Regulated area. The regulated navigation area encompasses all
waters of Biscayne Bay between Julia Tuttle and Turkey Point contained
within the following points: beginning at Point 1 in position
25[deg]48'43'' N, 80[deg]08'29'' W; thence south to Point 2 in position
25[deg]29'07'' N, 80[deg]10'44'' W; thence southwest to Point 3 in
position 25[deg]25'51'' N, 80[deg]12'00'' W; thence west to Point 4 in
position 25[deg]25'51'' N, 80[deg]19'42'' W; thence north to Point 5 in
position 25[deg]29'10'' N, 80[deg]20'58'' W; thence northwest to Point
6 in position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northwest to
Point 7 in position 25[deg]48'44'' N, 80[deg]11'17'' 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. 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.
(d) Enforcement period. (1) This section will be in enforced
annually on Columbus Day weekend, starting at noon on the Saturday
before Columbus Day through 2 a.m. on Monday (the Columbus Day
holiday); from 9 p.m. December 31st until 2 a.m. January 1st; and from
7 p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled
in Downtown Miami and Key Biscayne.
(2) Columbus Day is the federally recognized holiday occurring
annually on the second Monday in October.
Dated: November 13, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2015-29533 Filed 11-19-15; 8:45 am]
BILLING CODE 9110-04-P