Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL, 59602-59605 [2019-24133]
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Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Proposed Rules
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§ 778.114 Fluctuating workweek method of
computing overtime.
(a) The fluctuating workweek may be
used to calculate overtime
compensation for a nonexempt
employee if the following conditions are
met:
(1) The employee works hours that
fluctuate from week to week;
(2) The employee receives a fixed
salary that does not vary with the
number of hours worked in the
workweek, whether few or many;
(3) The amount of employee’s fixed
salary is sufficient to provide
compensation to the employee at a rate
not less than the applicable minimum
wage rate for every hour worked in
those workweeks in which the number
of hours the employee works is greatest;
(4) The employee and the employer
have a clear and mutual understanding
that the fixed salary is compensation
(apart from overtime premiums and any
bonuses, premium payments, or other
additional pay of any kind not
excludable from the regular rate under
section 7(e)(1) through (8) of the Act) for
the total hours worked each workweek
regardless of the number of hours; and
(5) The employee receives overtime
compensation, in addition to such fixed
salary and any bonuses, premium
payments, and additional pay of any
kind, for all overtime hours worked at
a rate of not less than one-half the
employee’s regular rate of pay for that
workweek. Since the salary is fixed, the
regular rate of the employee will vary
from week to week and is determined by
dividing the amount of the salary and
any non-excludable additional pay
received each workweek by the number
of hours worked in the workweek.
Payment for overtime hours at not less
than one-half such rate satisfies the
overtime pay requirement because such
hours have already been compensated at
the straight time rate by payment of the
fixed salary and non-excludable
additional pay. Payment of any bonuses,
premium payments, and additional pay
of any kind is not incompatible with the
fluctuating workweek method of
overtime payment, and such payments
must be included in the calculation of
the regular rate unless excludable under
section 7(e)(1) through (8) of the Act.
(b) The application of the principles
in paragraph (a) of this section may be
illustrated by the case of an employee
whose hours of work do not customarily
follow a regular schedule but vary from
week to week, whose work hours never
exceed 50 hours in a workweek, and
whose salary of $600 a week is paid
with the understanding that it
constitutes the employee’s
compensation (apart from overtime
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premiums and any bonuses, premium
payments, or other additional pay of any
kind not excludable from the regular
rate under section 7(e)(1) through (8))
for all hours worked in the workweek.
(1) Example. If during the course of 4
weeks this employee works 37.5, 44, 50,
and 48 hours, the regular rate of pay in
each of these weeks is $16, $13.64, $12,
and $12.50, respectively. Since the
employee has already received straight
time compensation for all hours worked
in these examples, only additional halftime pay is due. For the first week the
employee is owed $600 (fixed salary of
$600, with no overtime hours); for the
second week $627.28 (fixed salary of
$600, and 4 hours of overtime pay at
half times the regular rate of $13.64 for
a total overtime payment of $27.28); for
the third week $660 (salary
compensation of $600, and 10 hours of
overtime pay at half times the regular
rate of $12 for a total overtime payment
of $60); for the fourth week $650 (fixed
salary of $600, and 8 overtime hours at
half times the regular rate of $12.50 for
a total overtime payment of $50).
(2) Example. If during the course of 4
weeks this employee works 37.5, 44, 50,
and 48 hours and 4 of the hours the
employee worked each week were
nightshift hours compensated at a
premium rate of an extra $5 per hour,
the employee’s total straight time
earnings would be $620 (fixed salary of
$600 plus $20 of non-overtime premium
pay for the 4 nightshift hours). In this
case, the regular rates of pay in each of
these weeks is $16.53, $14.09, $12.40,
and $12.92, respectively, and the
employee’s total compensation would
be calculated as follows: For the first
week the employee is owed $620 (fixed
salary of $600 plus $20 of non-overtime
premium pay, with no overtime hours);
for the second week $648.20 (fixed
salary of $600 plus $20 of non-overtime
premium pay, and 4 hours of overtime
at half times the regular rate of $14.09
for a total overtime payment of $28.20);
for the third week $682 (fixed salary of
$600 plus $20 of non-overtime premium
pay, and 10 hours of overtime at half
times the regular rate of $12.40 for a
total overtime payment of $62); for the
fourth week $671.68 (fixed salary of
$600 plus $20 of non-overtime premium
pay, and 8 hours of overtime at half
times the regular rate of $12.92 for a
total overtime payment of $51.68).
(3) Example. If during the course of 4
weeks this employee works 37.5, 44, 50,
and 48 hours and the employee received
a $100 productivity bonus each week,
the employee’s total straight time
earnings would be $700 (fixed salary of
$600 plus $100 productivity bonus). In
this case, the regular rate of pay in each
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of these weeks is $18.67, $15.91, $14,
and $14.58, respectively, and the
employee’s total compensation would
be calculated as follows: For the first
week the employee is owed $700 (fixed
salary of $600 plus $100 productivity
bonus, with no overtime hours); for the
second week $731.84 (fixed salary of
$600 plus $100 productivity bonus, and
4 hours of overtime at half time the
regular rate of $15.91 for a total
overtime payment of $31.84); for the
third week $770 (fixed salary of $600
plus $100 productivity bonus, and 10
hours of overtime at half times the
regular rate of $14, for a total overtime
payment of $70); for the fourth week
$758.32 (fixed salary of $600 plus $100
productivity bonus, and 8 hours of
overtime at half times the regular rate of
$14.58 for a total overtime payment of
$58.32).
(c) Typically, the salaries described in
paragraph (a) of this section are paid to
employees who do not customarily
work a regular schedule of hours and
are in amounts agreed on by the parties
as adequate compensation for long
workweeks as well as short ones, under
the circumstances of the employment as
a whole. Where the conditions for the
use of the fluctuating workweek method
of overtime payment are present, the
Act, in requiring that ‘‘not less than’’ the
prescribed premium of 50 percent for
overtime hours worked be paid, does
not prohibit paying more. On the other
hand, where all the facts indicate that
an employee is being paid for overtime
hours at a rate no greater than that
which the employee receives for
nonovertime hours, compliance with
the Act cannot be rested on any
application of the fluctuating workweek
overtime formula.
[FR Doc. 2019–23860 Filed 11–4–19; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0830]
RIN 1625–AA87
Security Zone; Super Bowl 2020,
Bayfront Park, Miami, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary security zone
over certain navigable waters of
Biscayne Bay in connection with Super
SUMMARY:
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Bowl 2020 events in Miami, Florida.
The temporary security zone is
necessary to protect official party,
executives, public, and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
causes of a similar nature. Anchoring, or
remaining within the security zone
would be prohibited unless authorized
by the Captain of the Port Miami (COTP)
or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 5, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0830 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.
If
you have questions about this proposed
rulemaking, call Omar Beceiro, Sector
Miami Waterways Management
Division, U.S. Coast Guard at 305–535–
4317 or by email: Omar.Beceiro@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The City of Miami will be hosting
Super Bowl LIV (54) in February 2020.
Additionally, several venues and hotels
in the City of Miami downtown area
will host Super Bowl-related events
during the week preceding the Super
Bowl, which is scheduled for February
2, 2020. Venues include Bayfront Park,
Adrienne Arsht Center for the
Performing Arts, and JW Marriott
Marquis Hotel. The Coast Guard
anticipates these various events will
draw large crowds of people, executives,
official party, etc. and present a security
concern since the venues may be
accessed from or are in close proximity
to the waterfront, Biscayne Bay. The
COTP has determined the ease of
waterfront access to the various venues
hosting Super Bowl events present a
security concern for attendees.
The purpose of this rulemaking is to
ensure the security of the public,
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executives, official party and
surrounding waterway from terrorist
acts, sabotage or other subversive acts,
accidents, or other causes of a similar
nature. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary security zone to be enforced
24 hours a day beginning at 8:00 a.m. on
January 26, 2020 until 8:00 a.m. on
February 3, 2020. The temporary
security zone would cover all navigable
waters of Biscayne Bay from
approximately Venetian Causeway
south to and including a portion of the
Miami River. The duration of the
temporary security zone is intended to
ensure the security of the public,
executives, official party and
surrounding waterway before, during,
and after the various Super Bowl-related
events in the Downtown area of Miami,
Florida.
All persons and vessels are required
to transit the security zone at a steady
speed and may not slow down, stop, or
anchor except in the case of unforeseen
mechanical failure or other emergency.
Any persons or vessels forced to slow or
stop in the zone shall immediately
notify the COTP Miami via VHF
channel 16.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the security zone.
The security zone will only affect a
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small area of Biscayne Bay near
Bayfront Park in the Port of Miami for
approximately eight days. Vessel traffic;
however, will not be impeded by the
temporary security zone. Vessels will be
able to transit the security zone along
the Intracoastal Waterway with the only
restriction being the inability to stop or
anchor within the zone. Moreover, upon
activating the security zone, the Coast
Guard will notify the local maritime
community through various means
including, Local Notice Mariners and
Broadcast Notice to Mariners issued on
VHF–FM marine radio channel 16.
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 security
zone 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
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Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Proposed Rules
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 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 proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 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 call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
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 Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), 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 a temporary security zone
lasting approximately eight days that
would prohibit vessels from stopping or
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anchoring within the zone. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A draft Record of
Environmental Consideration
supporting this determination is
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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
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, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’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.
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0830 to read as
follows:
■
§ 165.T07–0830 Security Zone; Super Bowl
2020, Bayfront Park, Miami, FL
(a) Regulated Areas: The following is
a temporary security zone:
(1) All waters of Biscayne Bay within
the following points: Beginning at Point
1 in position 25°47′13″ N, 80°11′6″ W;
thence east to Point 2 in position
25°47′13″ N, 80°10′48″ W; thence south
to Point 3 in position 25°46′11″ N,
80°10′48″ W; thence west to Point 4 in
position 25°46′11″ N, 80°11′27″ W;
thence north to Point 5 in position
25°46′15″ N, 80°11′27″ W; thence east to
Point 6 in position 25°46′15″ N, 80°11′6″
W; thence back to origin at Point 1.
(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 security zone.
(c) Regulations:
(1) All persons and vessels are
required to transit the security zone at
a steady speed and may not slow down,
stop, or anchor except in the case of
unforeseen mechanical failure or other
emergency. Any persons or vessels
forced to slow or stop in the zone shall
immediately notify the Captain of the
Port Miami via VHF channel 16.
(2) Persons who must notify or
request authorization from the Captain
of the Port Miami may do so by
telephone at (305) 535–4472, or may
contact a designated representative via
VHF radio on channel 16.
If authorization to anchor, or remain
within the security zone is granted by
the Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
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the Captain of the Port Miami or the
designated representative.
(d) Enforcement Period: This rule will
be enforced from 8:00 a.m. on January
26, 2020 through 8:00 a.m. on February
3, 2020.
Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2019–24133 Filed 11–4–19; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
[AU Docket No. 19–290; DA 19–1027]
Auction of FM Broadcast Construction
Permits Scheduled for April 28, 2020;
Comment Sought on Competitive
Bidding Procedures for Auction 106
Federal Communications
Commission.
ACTION: Proposed rule; proposed auction
procedures.
AGENCY:
The Office of Economics and
Analytics (OEA), in conjunction with
the Media Bureau (MB), announce an
auction of certain FM broadcast
construction permits. This public notice
also seeks comment on competitive
bidding procedures and proposed
minimum opening bid amounts for
Auction 106.
DATES: Comments are due on or before
November 6, 2019, and reply comments
are due on or before November 20, 2019.
Bidding in Auction 106 is scheduled to
begin on April 28, 2020.
ADDRESSES: Interested parties may
submit comments in response to the
Auction 106 Comment Public Notice,
identified by AU Docket No. 19–290, by
any of the following methods:
• FCC’s Website: Federal
Communications Commission’s
Electronic Comment Filing System
(ECFS): https://www.fcc.gov/ecfs/.
Follow the instructions for submitting
comments.
• Mail: FCC Headquarters, 445 12th
Street SW, Room TW–A325,
Washington, DC 20554.
• People With Disabilities: Contact
the Consumer & Governmental Affairs
Bureau to request reasonable
accommodations (accessible format
documents (braille, large print,
electronic files, audio format), sign
language interpreters, CART, etc.) by
email to FCC504@fcc.gov or call 202–
418–0530 (voice), 202–418–0432 (TTY).
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SUMMARY:
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For detailed instructions for
submitting comments, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: For
auction legal questions, Lynne Milne in
the OEA Auctions Division at (202)
418–0660. For general auction
questions, the Auctions Hotline at (717)
338–2868. For FM service questions,
Lisa Scanlan, Tom Nessinger or James
Bradshaw in the MB Audio Division at
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 106 Comment
Public Notice, released October 10,
2019. The complete text of this
document, including attachment, is
available for public inspection and
copying from 8 a.m. to 4:30 p.m. Eastern
Time (ET) Monday through Thursday or
from 8 a.m. to 11:30 a.m. ET on Fridays
in the FCC Reference Information
Center, 445 12th Street SW, Room CY–
A257, Washington, DC 20554. The
Auction 106 Comment Public Notice
and related documents also are available
on the internet at the Commission’s
website: www.fcc.gov/auction/106, or by
using the search function for AU Docket
No. 19–290 on the Commission’s ECFS
web page at www.fcc.gov/ecfs.
All filings in response to the Auction
106 Comment Public Notice must refer
to AU Docket No. 19–290. Interested
parties are strongly encouraged to file
comments electronically, and to submit
electronically an additional copy of all
comments and reply comments to the
following address: auction106@fcc.gov.
Electronic Filers: Comments may be
filed electronically using the internet by
accessing ECFS: www.fcc.gov/ecfs.
Follow the instructions for submitting
comments.
Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission
(FCC). All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to the FCC Headquarters at
445 12th Street SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. ET. All hand
deliveries must be held together with
rubber bands or fasteners. Any envelope
or box must be disposed of before
entering the building. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
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59605
must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S.
Postal Service first-class, Express, and
Priority mail must be addressed to 445
12th Street SW, Washington, DC 20554.
I. Construction Permits in Auction 106
1. Auction 106 will offer 130
construction permits in the FM
broadcast service for 130 FM allotments,
including 34 construction permits that
were offered but not sold or were
defaulted upon in prior auctions.
Attachment A of the Auction 106
Comment Public Notice lists these
specific vacant FM allotments added to
the Table of FM Allotments, 47 CFR
73.202(b), and assigned at the indicated
communities. Attachment A also lists
the reference coordinates for each
vacant FM allotment. Each Auction 106
applicant may submit in its short-form
application (FCC Form 175) a set of
preferred site coordinates for any of its
selected construction permits as an
alternative to the reference coordinates
for that vacant FM allotment.
2. Under established Commission
policies, an applicant may apply for any
vacant FM allotment listed in
Attachment A. If two or more FCC
Forms 175 specify the same FM
allotment, they will be considered
mutually exclusive, and the
construction permit for that FM
allotment will be awarded by
competitive bidding procedures. Once
mutual exclusivity exists for auction
purposes, even if only one applicant is
qualified to bid for a particular
construction permit in Auction 106, that
applicant is required to submit a bid in
order to obtain the construction permit.
II. Proposed Bidding Procedures
3. Simultaneous Multiple Round
Auction Design. This public notice
proposes to auction all construction
permits included in Auction 106 using
the Commission’s standard
simultaneous multiple-round auction
format. This type of auction offers every
construction permit for bid at the same
time and consists of successive bidding
rounds in which qualified bidders may
place bids on individual construction
permits. Typically, bidding remains
open on all construction permits until
bidding stops on every construction
permit. OEA and MB seek comment on
this proposal.
4. Bidding Rounds. The Commission
will conduct Auction 106 over the
internet using the FCC auction bidding
system. Bidders will also have the
option of placing bids by telephone
through a dedicated auction bidder line.
5. Auction 106 will consist of
sequential bidding rounds, each
E:\FR\FM\05NOP1.SGM
05NOP1
]]>Agencies
[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Proposed Rules]
[Pages 59602-59605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24133]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0830]
RIN 1625-AA87
Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary security
zone over certain navigable waters of Biscayne Bay in connection with
Super
[[Page 59603]]
Bowl 2020 events in Miami, Florida. The temporary security zone is
necessary to protect official party, executives, public, and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other causes of a similar nature. Anchoring, or
remaining within the security zone would be prohibited unless
authorized by the Captain of the Port Miami (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 5, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0830 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 Omar Beceiro, Sector Miami Waterways
Management Division, U.S. Coast Guard at 305-535-4317 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The City of Miami will be hosting Super Bowl LIV (54) in February
2020. Additionally, several venues and hotels in the City of Miami
downtown area will host Super Bowl-related events during the week
preceding the Super Bowl, which is scheduled for February 2, 2020.
Venues include Bayfront Park, Adrienne Arsht Center for the Performing
Arts, and JW Marriott Marquis Hotel. The Coast Guard anticipates these
various events will draw large crowds of people, executives, official
party, etc. and present a security concern since the venues may be
accessed from or are in close proximity to the waterfront, Biscayne
Bay. The COTP has determined the ease of waterfront access to the
various venues hosting Super Bowl events present a security concern for
attendees.
The purpose of this rulemaking is to ensure the security of the
public, executives, official party and surrounding waterway from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary security zone to be
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020
until 8:00 a.m. on February 3, 2020. The temporary security zone would
cover all navigable waters of Biscayne Bay from approximately Venetian
Causeway south to and including a portion of the Miami River. The
duration of the temporary security zone is intended to ensure the
security of the public, executives, official party and surrounding
waterway before, during, and after the various Super Bowl-related
events in the Downtown area of Miami, Florida.
All persons and vessels are required to transit the security zone
at a steady speed and may not slow down, stop, or anchor except in the
case of unforeseen mechanical failure or other emergency. Any persons
or vessels forced to slow or stop in the zone shall immediately notify
the COTP Miami via VHF channel 16.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zone. The security
zone will only affect a small area of Biscayne Bay near Bayfront Park
in the Port of Miami for approximately eight days. Vessel traffic;
however, will not be impeded by the temporary security zone. Vessels
will be able to transit the security zone along the Intracoastal
Waterway with the only restriction being the inability to stop or
anchor within the zone. Moreover, upon activating the security zone,
the Coast Guard will notify the local maritime community through
various means including, Local Notice Mariners and Broadcast Notice to
Mariners issued on VHF-FM marine radio channel 16.
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
security zone 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
[[Page 59604]]
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 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 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 call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 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 Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), 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 a
temporary security zone lasting approximately eight days that would
prohibit vessels from stopping or anchoring within the zone. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A draft Record of Environmental
Consideration supporting this determination is 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.
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 part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0830 to read as follows:
Sec. 165.T07-0830 Security Zone; Super Bowl 2020, Bayfront Park,
Miami, FL
(a) Regulated Areas: The following is a temporary security zone:
(1) All waters of Biscayne Bay within the following points:
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W;
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W;
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W;
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W;
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W;
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W;
thence back to origin at Point 1.
(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 security zone.
(c) Regulations:
(1) All persons and vessels are required to transit the security
zone at a steady speed and may not slow down, stop, or anchor except in
the case of unforeseen mechanical failure or other emergency. Any
persons or vessels forced to slow or stop in the zone shall immediately
notify the Captain of the Port Miami via VHF channel 16.
(2) Persons who must notify or request authorization from the
Captain of the Port Miami may do so by telephone at (305) 535-4472, or
may contact a designated representative via VHF radio on channel 16.
If authorization to anchor, or remain within the security zone is
granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of
[[Page 59605]]
the Captain of the Port Miami or the designated representative.
(d) Enforcement Period: This rule will be enforced from 8:00 a.m.
on January 26, 2020 through 8:00 a.m. on February 3, 2020.
Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-24133 Filed 11-4-19; 8:45 am]
BILLING CODE 9110-04-P
