Security Zone; Port of Miami, Florida, 50278-50280 [2022-17458]

Download as PDF 50278 Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules bridge remote control center in Mobile, Alabama and shall open promptly and fully when signaled to open. Vessels can contact the CSX bridge tender via VHF– FM channel 13 or 16 or by telephone at the number displayed on the signs posted at the bridge to request an opening of the draw. (b) CSX will return the tender to the bridge location within 3 hours following any of the below situations: (1) Any component of the remote operations system fails and prevents the remote operator from being able to visually identify vessels, communicate with vessels, detect vessels immediately underneath the bridge or visually identify trains approaching the bridge; (2) CSX fails to meet Federal Railway Administration (FRA) or any other government agency safety requirements; (3) Anytime at the direction of the District Commander. Dated: August 5, 2022. R.V. Timme, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2022–17578 Filed 8–15–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0058] RIN 1625–AA87 Security Zone; Port of Miami, Florida Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to change the existing Port of Miami fixed security zone regulation that encompasses certain navigable waters of the Miami Main Channel in Miami, FL. The proposed change is designed to extend the existing security zone eastward. The extension is needed to include future cruise ship terminals at the Port of Miami. This proposed action would extend the existing fixed security zone approximately 840 yards eastward along the Miami Main Channel. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before September 15, 2022. ADDRESSES: You may submit comments identified by docket number USCG– 2022–0058 using the Federal Decision Making Portal at https:// www.regulations.gov. See the ‘‘Public lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:29 Aug 15, 2022 Jkt 256001 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 LTJG Ben Adrien, Waterways Management Division Chief, U.S. Coast Guard; telephone (305) 535–4307, email Benjamin.D.Adrien@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations 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 On January 23, 2003, the Coast Guard published a final rule entitled, ‘‘Security Zones; Port of Palm Beach, Port Everglades, Port of Miami, and Port of Key West, Florida’’ in the Federal Register 1 to protect the public, ports, and waterways of the Port of Palm Beah, Port Everglades, and the Port of Miami, against potential subversive acts. The existing fixed security zone described in 33 CFR 165.760(b)(2), for the Port of Miami, encompasses all waters between Watson Island and Star Island from the MacArthur Causeway south to Port of Miami. The Port of Miami is undergoing an expansion project that will create new cruise ship terminals at the eastern end of the Port and outside the existing security zone. The proposed rule would make changes to the existing fixed security zone for the Port of Miami, described in § 165.760(b)(2), by extending the zone by approximately 840 yards eastward along the Miami Main Channel to just west of the Biscayne Bay Pilots Station. This proposed change is intended to protect the public, ports and waterways of the Port of Miami against potential subversive acts The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule The Coast Guard is proposing to extend the existing Port of Miami fixed security zone eastward approximately 840 yards. The extension would cover all navigable waters in the Main Ship Channel from approximately Star Island to just west of the Biscayne Bay Pilots Station. The extension would carry the same regulations described in § 165.760, 1 68 PO 00000 FR 3189. Frm 00003 Fmt 4702 Sfmt 4702 which goes into effect when two or more passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying liquefied hazardous gas (LHG), enter or moor within this zone. When the security zone is in effect, persons and vessels would not be allowed to enter or transit the security zone along the Miami Main Channel, unless authorized by Captain of the Port of Miami or a designated representative. 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. 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). This regulatory action determination is based on three specific factors: (1) persons and vessels may transit the Miami Main Channel when only one passenger vessel is berthed in the channel, one vessel carrying cargoes of particular hazard is berthed in the channel, or one vessel carrying LHG is berthed in the channel; (2) persons and vessels may operate within the security zone when authorized by Captain of the Port of Miami or a designated representative; and (3) mariners will be notified of the fixed security zone extension through the Local Notice to Mainers. 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. E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules While some owners or operators of vessels intending to transit the safety 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 proposed 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 proposed 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 proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email 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. lotter on DSK11XQN23PROD with PROPOSALS1 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 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 VerDate Sep<11>2014 16:29 Aug 15, 2022 Jkt 256001 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 potential effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, 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 increasing the size of an existing security zone along the Miami Main Channel. Such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. 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. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 50279 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. Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG–2022–0058 in the search box and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions. Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https:// www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and Record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing 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. 00170.1, Revision No. 01.2. E:\FR\FM\16AUP1.SGM 16AUP1 50280 Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules 2. In § 165.760, revise paragraph (b)(2) to read as follows: ■ § 165.760 Security Zones; Port of Palm Beach, Port Everglades, and Port of Miami, Florida. * * * * * (b) * * * (2) Fixed security zone in Port of Miami, Florida. A fixed security zone encompassing all navigable waters within the Miami Main Channel between Star Island to just west of the Biscayne Bay Pilots Station. The security zone is formed by an imaginary line starting at the northwest corner in position 25°46.33′ N, 080°09.16′ W; thence in an easterly direction to the northeast corner in position 25°46.17′ N, 080°08.77′ W; thence in a southerly direction to the southeast corner in position 25°46.04′ N, 080°08.75′ W; thence in a northwesterly direction to the southwest corner in position 25°46.23′ N, 080°09.16′ W, thence in a northerly direction back to the northwest corner. (i) When the security zone is in effect, persons and vessels shall not enter or transit the security zone along the Miami Main Channel unless authorized by Captain of the Port of Miami or a designated representative. (ii) Persons and vessels may transit the Miami Main Channel when only one passenger vessel is berthed in the channel, one vessel carrying cargoes of particular hazard is berthed in the channel, or one vessel carrying LHG is berthed in the channel. (iii) Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz). * * * * * Dated: August 2, 2022. C.R. Cederholm, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2022–17458 Filed 8–15–22; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 lotter on DSK11XQN23PROD with PROPOSALS1 [EPA–R05–OAR–2022–0370; FRL–9950–01– R5] Air Plan Approval; Wisconsin; 2015 Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve SUMMARY: VerDate Sep<11>2014 16:29 Aug 15, 2022 Jkt 256001 rules submitted by the Wisconsin Department of Natural Resources (WDNR) as a revision to its State Implementation Plan (SIP). The submitted rules incorporate the 2015 primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. In addition, WDNR included several updates to ensure implementation of the ozone NAAQS, in areas currently or formerly designated as nonattainment for any ozone standard, in a manner consistent with Clean Air Act (CAA) requirements. DATES: Comments must be received on or before September 15, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2022–0370 at https:// www.regulations.gov, or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6031, hatten.charles@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 EPA. This supplementary information section is arranged as follows: I. When and why did the State make this submittal? II. What are the State rule revisions? III. What is EPA’s analysis of the revisions? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. When and why did the State make this submittal? Section 109 of the CAA requires EPA to establish national primary (protective of human health) and secondary (protective of human welfare) air quality standards for pollutants for which air quality criteria have been issued under section 108 of the CAA (the criteria pollutants 1). Section 109(d)(1) of the CAA requires EPA to review, and if necessary, based on accumulated health and welfare data, to revise each NAAQS every five years. If a NAAQS is revised, states whose rules include state air quality standards may revise their rules to address the revised NAAQS and associated monitoring requirements, and submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/10(H). On October 26, 2015 (80 FR 65291), EPA revised the primary and secondary ozone NAAQS from 0.075 to 0.070 parts per million (ppm), daily maximum 8hour concentration, codified at 40 CFR 50.19. The ozone NAAQS continues to use an 8-hour averaging time, calculated as the fourth-highest daily maximum averaged across three consecutive years. EPA also revised the monitoring requirements for ozone, which are codified at 40 CFR part 50. As part of the implementation rule for the 2015 standard, EPA did not address any revocation of the 2008 ozone NAAQS. Thus, currently there are two ozone NAAQS in effect and being implemented: the 2015 ozone NAAQS and the 2008 ozone NAAQS. Several elements of this rule will apply to areas currently or formerly designated as nonattainment for any ozone standard, including these two ozone NAAQS. On April 8, 2022, WDNR submitted rules to update chapters NR 404 and 484 of Wisconsin’s ambient air quality rule to include the 2015 primary and secondary NAAQS for ozone and its incorporation by reference rule to add EPA-promulgated monitoring requirements related to the NAAQS. WDNR revised sections of chapters NR 1 The criteria pollutants are ozone (O ), nitrogen 3 oxides (represented by nitrogen dioxide (NO2)), sulfur oxides (represented by sulfur dioxide (SO2)), carbon monoxide (CO), particulate matter (represented by total suspended particulates (TSP), particulates (PM10), and fine particulates (PM2.5)), and lead (Pb). E:\FR\FM\16AUP1.SGM 16AUP1

Agencies

[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50278-50280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17458]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0058]
RIN 1625-AA87


Security Zone; Port of Miami, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to change the existing Port of 
Miami fixed security zone regulation that encompasses certain navigable 
waters of the Miami Main Channel in Miami, FL. The proposed change is 
designed to extend the existing security zone eastward. The extension 
is needed to include future cruise ship terminals at the Port of Miami. 
This proposed action would extend the existing fixed security zone 
approximately 840 yards eastward along the Miami Main Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 15, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0058 using the Federal Decision Making 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 LTJG Ben Adrien, Waterways 
Management Division Chief, U.S. Coast Guard; telephone (305) 535-4307, 
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

    On January 23, 2003, the Coast Guard published a final rule 
entitled, ``Security Zones; Port of Palm Beach, Port Everglades, Port 
of Miami, and Port of Key West, Florida'' in the Federal Register \1\ 
to protect the public, ports, and waterways of the Port of Palm Beah, 
Port Everglades, and the Port of Miami, against potential subversive 
acts. The existing fixed security zone described in 33 CFR 
165.760(b)(2), for the Port of Miami, encompasses all waters between 
Watson Island and Star Island from the MacArthur Causeway south to Port 
of Miami. The Port of Miami is undergoing an expansion project that 
will create new cruise ship terminals at the eastern end of the Port 
and outside the existing security zone.
---------------------------------------------------------------------------

    \1\ 68 FR 3189.
---------------------------------------------------------------------------

    The proposed rule would make changes to the existing fixed security 
zone for the Port of Miami, described in Sec.  165.760(b)(2), by 
extending the zone by approximately 840 yards eastward along the Miami 
Main Channel to just west of the Biscayne Bay Pilots Station. This 
proposed change is intended to protect the public, ports and waterways 
of the Port of Miami against potential subversive acts The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to extend the existing Port of Miami 
fixed security zone eastward approximately 840 yards. The extension 
would cover all navigable waters in the Main Ship Channel from 
approximately Star Island to just west of the Biscayne Bay Pilots 
Station. The extension would carry the same regulations described in 
Sec.  165.760, which goes into effect when two or more passenger 
vessels, vessels carrying cargoes of particular hazard, or vessels 
carrying liquefied hazardous gas (LHG), enter or moor within this zone. 
When the security zone is in effect, persons and vessels would not be 
allowed to enter or transit the security zone along the Miami Main 
Channel, unless authorized by Captain of the Port of Miami or a 
designated representative. 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. 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).
    This regulatory action determination is based on three specific 
factors: (1) persons and vessels may transit the Miami Main Channel 
when only one passenger vessel is berthed in the channel, one vessel 
carrying cargoes of particular hazard is berthed in the channel, or one 
vessel carrying LHG is berthed in the channel; (2) persons and vessels 
may operate within the security zone when authorized by Captain of the 
Port of Miami or a designated representative; and (3) mariners will be 
notified of the fixed security zone extension through the Local Notice 
to Mainers.

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.

[[Page 50279]]

    While some owners or operators of vessels intending to transit the 
safety 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 proposed 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 proposed 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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email 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 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 increasing 
the size of an existing security zone along the Miami Main Channel. 
Such actions are categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0058 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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. 
00170.1, Revision No. 01.2.


[[Page 50280]]


0
2. In Sec.  165.760, revise paragraph (b)(2) to read as follows:


Sec.  165.760  Security Zones; Port of Palm Beach, Port Everglades, and 
Port of Miami, Florida.

* * * * *
    (b) * * *
    (2) Fixed security zone in Port of Miami, Florida. A fixed security 
zone encompassing all navigable waters within the Miami Main Channel 
between Star Island to just west of the Biscayne Bay Pilots Station. 
The security zone is formed by an imaginary line starting at the 
northwest corner in position 25[deg]46.33' N, 080[deg]09.16' W; thence 
in an easterly direction to the northeast corner in position 
25[deg]46.17' N, 080[deg]08.77' W; thence in a southerly direction to 
the southeast corner in position 25[deg]46.04' N, 080[deg]08.75' W; 
thence in a northwesterly direction to the southwest corner in position 
25[deg]46.23' N, 080[deg]09.16' W, thence in a northerly direction back 
to the northwest corner.
    (i) When the security zone is in effect, persons and vessels shall 
not enter or transit the security zone along the Miami Main Channel 
unless authorized by Captain of the Port of Miami or a designated 
representative.
    (ii) Persons and vessels may transit the Miami Main Channel when 
only one passenger vessel is berthed in the channel, one vessel 
carrying cargoes of particular hazard is berthed in the channel, or one 
vessel carrying LHG is berthed in the channel.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
* * * * *

    Dated: August 2, 2022.
C.R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-17458 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P
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