Regulated Navigation Area; Holiday Events; Biscayne Bay, Miami, FL, 37158-37160 [2016-13656]

Download as PDF 37158 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0427] Drawbridge Operation Regulation; Narrow Bay, Suffolk County, NY Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Smith Point Bridge, mile 6.1, across Narrow Bay, at Suffolk County, New York. This temporary deviation is necessary to facility public safety during a public event, the annual 5K Run for Literacy. DATES: This deviation is effective on September 10, 2016 between 9:00 a.m. and 10 a.m. ADDRESSES: The docket for this deviation, [USCG–2016–0427] is available at 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 deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Ms. Judy K. Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514– 4330, email judy.k.leung-yee@uscg.mil. SUPPLEMENTARY INFORMATION: Community Family Literacy Project, Inc. requested and Suffolk County Department of Public Works, the bridge owner concurred with this temporary deviation from the normal operating schedule to facilitate a public event, the annual 5K Run for Literacy. The Smith Point Bridge, mile 6.1, across Narrow Bay has a vertical clearance in the closed position of 18 feet at mean high water and 19 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.799(d). Narrow Bay is transited by seasonal recreational vessels of various sizes. Under this temporary deviation, the Smith Point Bridges may remain in the closed position on Saturday September 10, 2016 between 9:00 a.m. and 10 a.m. Vessels able to pass under the bridge in the closed position may do so at anytime. The bridges will not be able to open for emergencies and there are no immediate alternate routes for vessels to pass. The Coast Guard will also inform the users of the waterways through our rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 Dated: June 3, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2016–13664 Filed 6–8–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0786] RIN 1625–AA11 Regulated Navigation Area; Holiday Events; Biscayne Bay, Miami, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is 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 these events, which are 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. DATES: This rule is effective July 11, 2016. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2015– 0786 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket ADDRESSES: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Benjamin Colbert, Sector Miami Waterways Management Branch, U.S. Coast Guard; telephone 305–535–4317, email Benjain.R.Colbert@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code II. Background Information and Regulatory History Recreational boating traffic on the waters of Biscayne Bay increases significantly during New Year’s Eve, Fourth of July, and Columbus Day Weekend events. In recent years, recreational vessel speed, especially in crossing navigational channels, contributed to incidents that resulted in severe injury and death. This regulation seeks to increase public safety on the waters of Biscayne Bay during New Year’s Eve, Fourth of July, and Columbus Day Weekend, 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. On November 20, 2015 the Coast Guard published a notice of proposed rulemaking (NPRM) titled Regulated Navigation Area; Columbus Day Weekend, New Year’s Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL (80 FR 72663). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended December 21, 2015, we received no comments. III. Legal Authority and Need for Rule The legal basis for this 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 District Seven Commander has determined that potential hazards associated with New Year’s Eve, Fourth of July, and Columbus Day Weekend events pose a safety concern for anyone on the waters of Biscayne Bay. The E:\FR\FM\09JNR1.SGM 09JNR1 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations purpose of this rule is to ensure safety of vessels and the navigable waters in Biscayne Bay before, during, and after the New Year’s Eve, Fourth of July, and Columbus Day Weekend events. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published November 20, 2015. There are no significant changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a regulated navigation area 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. This regulated navigation area will encompass waters of Biscayne Bay between Julia Tuttle Causeway Bridge and Turkey Point in Homestead, Florida. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after New Year’s Eve, Fourth of July, and Columbus Day Weekend Holidays. 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. rmajette on DSK2TPTVN1PROD with RULES V. Regulatory Analyses We developed this 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 rule has not been designated a ‘‘significant regulatory action,’’ under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 Although the regulated navigation area covers most of Biscayne Bay, it is only enforced for a maximum of 38 hours during three holiday weekends. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF– FM marine channel 16 to provide notice of the zone and the regulations that allow vessels to enter the regulated navigation area. 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 received no comments from the Small Business Administration on this rulemaking. 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. While some owners or operators of vessels intending to transit the regulated navigation area may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 section. 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. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 37159 C. 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). 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 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 rule does not have tribal implications under E.O. 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. If you believe this 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 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. F. 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 (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 is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the E:\FR\FM\09JNR1.SGM 09JNR1 37160 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations Commandant Instruction. An environmental analysis checklist supporting this determination 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. 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. 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: Dated: June 2, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016–13656 Filed 6–8–16; 8:45 am] BILLING CODE 9110–04–P 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; 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. ■ 2. Revise § 165.779 to read as follows: rmajette on DSK2TPTVN1PROD with RULES § 165.779 Regulated Navigation Area; Holiday 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 north to Point 6 in position 25°37′35″ N, 80°18′28″ W; thence northeast 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) Definitions. (1) 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 VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 assisting the Captain of the Port Miami in the enforcement of the regulated area. (2) The term ‘‘Columbus Day’’ means the federally recognized holiday occurring annually on the second Monday in October. (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. 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. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2015–0315; FRL–9947–39– Region 5] Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving, as a revision to the Indiana state implementation plan (SIP), submittals from the Indiana Department of Environmental Management (IDEM) dated April 27, and September 10, 2015. The submittal concerns the state’s Stage II vapor recovery (Stage II) program for the Indiana portion of the Chicago (Lake and Porter counties) and the Louisville, Kentucky (Clark and Floyd counties) ozone nonattainment areas. The submittal removes Stage II requirements from both nonattainment areas, as a component of the Indiana ozone SIP. The submittal also includes a demonstration under the Clean Air Act (CAA) that addresses emission impacts associated with the removal of the Stage II program. EPA proposed to approve the state’s submittal on February 25, 2016, and received no comments. SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 This final rule is effective on July 11, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2015–0315. All documents in the docket are listed in the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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. Publicly available docket materials are available either through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6061, acevedo.francisco@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. DATES: I. What is being addressed by this document? On February 25, 2016, at 81 FR 9391, EPA proposed to approve amendments to 326 IAC 8–4–6 and 326 IAC 8–4–1 of the Indiana Administrative Code, removing Stage II requirements from the Indiana’s Federally-approved ozone SIP. The revision included copies of 326 IAC 8–4–1 and 326 IAC 8–4–6, as published in the Indiana Register on March 4, 2015 (Document ID Number: 20150304–IR– 326120636FRA); a summary of statespecific calculations based on EPA guidance used to calculate program benefits and demonstrate widespread use of onboard refueling vapor recovery (ORVR) in Indiana; and a section 110(l) demonstration that includes offset emission documentation that addresses the 2013–2015 period, when Stage II requirements were waived in Indiana but widespread use of ORVR had not yet occurred. II. What comments did we receive on the proposed SIP revision? EPA provided a 30-day review and comment period on the proposed action. The comment period closed on March 28, 2016. EPA received no comments. III. What action is EPA taking? EPA is approving revisions to the Indiana ozone SIP submitted dated E:\FR\FM\09JNR1.SGM 09JNR1

Agencies

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37158-37160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13656]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0786]
RIN 1625-AA11


Regulated Navigation Area; Holiday Events; 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 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 
these events, which are 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.

DATES:  This rule is effective July 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0786 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Benjamin Colbert, Sector Miami Waterways 
Management Branch, U.S. Coast Guard; telephone 305-535-4317, email 
Benjain.R.Colbert@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Recreational boating traffic on the waters of Biscayne Bay 
increases significantly during New Year's Eve, Fourth of July, and 
Columbus Day Weekend events. In recent years, recreational vessel 
speed, especially in crossing navigational channels, contributed to 
incidents that resulted in severe injury and death. This regulation 
seeks to increase public safety on the waters of Biscayne Bay during 
New Year's Eve, Fourth of July, and Columbus Day Weekend, 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. On 
November 20, 2015 the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Regulated Navigation Area; Columbus Day 
Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne 
Bay, Miami, FL (80 FR 72663). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended December 21, 
2015, we received no comments.

III. Legal Authority and Need for Rule

    The legal basis for this 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 District 
Seven Commander has determined that potential hazards associated with 
New Year's Eve, Fourth of July, and Columbus Day Weekend events pose a 
safety concern for anyone on the waters of Biscayne Bay. The

[[Page 37159]]

purpose of this rule is to ensure safety of vessels and the navigable 
waters in Biscayne Bay before, during, and after the New Year's Eve, 
Fourth of July, and Columbus Day Weekend events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 20, 2015. There are no significant changes in the regulatory 
text of this rule from the proposed rule in the NPRM. This rule 
establishes a regulated navigation area 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.
    This regulated navigation area will encompass waters of Biscayne 
Bay between Julia Tuttle Causeway Bridge and Turkey Point in Homestead, 
Florida. The duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after New Year's 
Eve, Fourth of July, and Columbus Day Weekend Holidays.
    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.

V. Regulatory Analyses

    We developed this 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 rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Although the 
regulated navigation area covers most of Biscayne Bay, it is only 
enforced for a maximum of 38 hours during three holiday weekends. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 to provide notice of the zone and the 
regulations that allow vessels to enter the regulated navigation area.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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 
section.
    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.

C. 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).

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 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 rule does not have tribal implications under E.O. 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. If you believe this 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 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.

F. 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 (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 is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the

[[Page 37160]]

Commandant Instruction. An environmental analysis checklist supporting 
this determination 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.

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.

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; 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; Holiday 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 north to Point 6 in 
position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northeast 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) Definitions. (1) 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.
    (2) The term ``Columbus Day'' means the federally recognized 
holiday occurring annually on the second Monday in October.
    (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. 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.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-13656 Filed 6-8-16; 8:45 am]
 BILLING CODE 9110-04-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.