Regulated Navigation Area; Biscayne Bay Causeway Island Slip, Miami Beach, FL
| Citation | 86 FR 19599 |
| Record Number | 2021-07606 |
| Published date | 14 April 2021 |
| Section | Proposed rules |
| Court | Coast Guard |
19599
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Proposed Rules
occurs after [DATE OF PUBLICATION
OF FINAL RULE].
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2021–06143 Filed 4–12–21; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0077]
RIN 1625–AA11
Regulated Navigation Area; Biscayne
Bay Causeway Island Slip, Miami
Beach, FL
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish a Regulated Navigation Area
over certain navigable waters of the
Biscayne Bay Causeway Island Slip,
immediately west of the Coast Guard
Base Miami Beach, Miami Beach, FL.
This action is necessary to provide for
the safety of life and federal property on
this navigable water. This proposed
rulemaking would require all persons
and vessels to transit the Regulated
Navigation Area at a speed that creates
minimum wake, seven miles per hour or
less, to safeguard damage to Coast Guard
assets, disrupting operations, and/or
injuring Coast Guard personnel.
Additionally, this proposed rulemaking
would prohibit vessels from passing
other vessels making way within the
regulated area. We invite your
comments on this proposed rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before May 14, 2021.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2021–0077 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION
section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this proposed
rulemaking, call or email LT Samuel
Rodriguez, Sector Miami Waterways
Management Division, Coast Guard at
305–535–4317 or by email
Samuel.Rodriguez-Gonzalez@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
In October 2020, the Fisher Island
Ferry Communities Association
relocated its ferry terminal to the
Biscayne Bay Causeway Island Slip
(Slip), west of the Coast Guard Base
Miami Beach, Miami Beach, FL. The
Slip is the primary terminal for the
movement of residents, workers, and
goods from Terminal Island to Fisher
Island. Prior to October 2020, maritime
traffic in the Biscayne Bay Causeway
Island Basin (Basin) was limited in
scope to occasional private yachts and
Coast Guard assets. The addition of ferry
traffic at the Slip has resulted in a
substantial increase in maritime traffic
in the Basin. The Basin has a length of
approximately 380 yards and a width of
approximately 97 yards. The increase in
traffic, particularly of the Fisher Island
Ferry, presents a hazard to Coast Guard
assets operating in the Basin as the
ferries occasionally pass within the
Basin, dangerously close to Coast Guard
assets. Additionally, and particularly
when passing within the Basin, the
ferries create a disrupting, and at times
dangerous wake, adversely affecting
Coast Guard routine operations and
personnel. The passing maneuvers and
resultant wake also create hazardous
conditions during certain cutter
operations, such as onloading and
offloading of ammunition or refueling.
The Coast Guard’s Seventh District
Commander has determined the
increased ferry traffic, passing
maneuvers, and resultant wake presents
a safety and operational concern to
Coast Guard personnel and assets
moored in the Biscayne Bay Causeway
Island Basin.
The purpose of this regulation is to
ensure navigational safety, protection of
Coast Guard assets and personnel, and
to facilitate safe execution of Coast
Guard statutory missions. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard’s Seventh District
Commander is proposing to establish a
permanent Regulated Navigation Area
that would require all persons and
vessels to transit the regulated area at a
speed that creates minimum wake,
seven miles per hour or less, to
safeguard damage to Coast Guard assets,
disrupting operations, and/or injuring
Coast Guard personnel. Additionally,
this proposed rulemaking would
prohibit vessels from passing other
vessels making way within the regulated
area. This Regulated Navigation Area
covers all navigable waters within the
Biscayne Bay Causeway Island Slip,
immediately west of the Coast Guard
Base Miami Beach, Miami Beach, FL.
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 the size, and location of the
Regulated Navigation area. The
Regulated Navigation Area will only
affect vessels entering, and passing
within, the Biscayne Bay Causeway
Island Slip in Miami Beach, Miami
Beach, FL. Vessels will continue to
operate within the Biscayne Bay
Causeway Island Slip with the only
restriction being the requirement to
operate at speeds below seven miles per
hour and avoid passing other vessels
making way within the regulated area.
Moreover, upon activating the Regulated
Navigation Area, the Coast Guard will
notify the local maritime community
through various means including, Local
Notice to 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
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Proposed Rules
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to operate within the
Regulated Navigation Area may be small
entities, for the reasons stated in section
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES
) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please 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
effects of this 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 a Regulated Navigation
Area requiring all persons and vessels to
transit the regulated area at a speed that
creates minimum wake, seven miles or
less, and to avoid passing other vessels
making way within the regulated area.
Normally 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.
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
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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 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. 0170.1.
■2. Add § 165.789 to read as follows:
§ 165.789 Regulated Navigation Area;
Biscayne Bay Causeway Island Slip, Miami
Beach, FL.
(a) Regulated Area. The following area
is a Regulated Navigation Area: All
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Proposed Rules
waters of Biscayne Bay Causeway Island
Slip within the following points:
Beginning at Point 1 in position
25°46′18″ N, 080°08′50″ W; thence east
to Point 2 in position 25°46′19″ N,
080°08′47″ W; thence southeast to Point
3 in position 25°46′10″ N, 080°08′41″ W;
thence west to Point 4 in position
25°46′10″ N, 080°08′45″ W; thence back
to origin at Point 1.
(b) Regulations. (1) The general
regulations governing Regulated
Navigation Areas found in 33 CFR
165.10, 165.11, and 165.13, including
the Regulated Navigation Area
described in paragraph (a) of this
section and the following regulations,
apply.
(2) All persons and vessels are
required to transit the Regulated
Navigation Area at a speed that creates
minimum wake, seven miles per hour or
less, to prevent damage to Coast Guard
assests, disrupting operations, and/or
injuring Coast Guard personnel.
(3) All persons and vessels are
required to avoid passing other vessels
making way within the Regulated
Navigation Area.
(c) Enforcement. The Coast Guard
may be assisted in the patrol and
enforcement of the Regulated
Navigation Area by other Federal, State,
and local agencies.
Dated: April 6, 2021.
E.C. Jones,
Rear Admiral, U.S. Coast Guard, District
Commander.
[FR Doc. 2021–07606 Filed 4–13–21; 8:45 am]
BILLING CODE 9110–04–P
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