80 FR 72663 - Regulated Navigation Area; Columbus Day Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range		72663-72665
FR Document		2015-29533

The Coast Guard proposes amending the Columbus Day weekend regulated navigation area on Biscayne Bay in Miami, Florida. The proposed amended regulation extends the Biscayne Bay regulated navigation enforcement period to New Year's Eve and Fourth of July events. It also expands the boundaries of the regulated navigation area south to Turkey Point, east to Elliott Key, west to the shoreline, and north to the Julia Tuttle Causeway. These regulations are necessary to protect the public during Columbus Day weekend, New Year's Eve events, and Fourth of July events; periods that have historically had a significant concentration of persons and vessels on the waters of Biscayne Bay. To ensure the public's safety, all vessels within the regulated navigation area are: Required to transit the regulated navigation area at no more than 15 knots; subject to control by the Coast Guard; and required to follow the instructions of all law enforcement vessels in the area. We invite your comments on this proposed rulemaking.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72663-72665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29533]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0786]
RIN 1625-AA11


Regulated Navigation Area; Columbus Day Weekend, New Year's Eve 
Events, and Fourth of July Events; Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes amending the Columbus Day weekend 
regulated navigation area on Biscayne Bay in Miami, Florida. The 
proposed amended regulation extends the Biscayne Bay regulated 
navigation enforcement period to New Year's Eve and Fourth of July 
events. It also expands the boundaries of the regulated navigation area 
south to Turkey Point, east to Elliott Key, west to the shoreline, and 
north to the Julia Tuttle Causeway. These regulations are necessary to 
protect the public during Columbus Day weekend, New Year's Eve events, 
and Fourth of July events; periods that have historically had a 
significant concentration of persons and vessels on the waters of 
Biscayne Bay. To ensure the public's safety, all vessels within the 
regulated navigation area are: Required to transit the regulated 
navigation area at no more than 15 knots; subject to control by the 
Coast Guard; and required to follow the instructions of all law 
enforcement vessels in the area. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 21, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0786 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Benjamin R. Colbert, 
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4317, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
E.O. Executive Order
FR Federal Register

[[Page 72664]]

NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Recreational boating traffic on the waters of Biscayne Bay 
increases significantly during Columbus Day, New Year's Eve, and Fourth 
of July events. In recent years, recreational vessel speed, especially 
in crossing navigational channels, contributed to incidents that 
resulted in severe injury and death. This proposed regulation seeks to 
increase public safety on the waters of Biscayne Bay during holidays 
known for increased vessel traffic by requiring vessels to travel at a 
maximum speed of 15 knots. It also subjects recreational vessels to the 
control by Coast Guard and local law enforcement authorities.
    The legal basis for this proposed rule is the Coast Guard's 
authority to establish regulated navigation areas and other limited 
access areas: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.
    The purpose of the proposed rule is to ensure the safe transit of 
vessels and to protect persons, vessels, and the marine environment 
within the regulated navigation area during the Columbus Day weekend, 
New Year's Eve, and the Fourth of July.

III. Discussion of Proposed Rule

    The District Commander for the Coast Guard's Seventh District 
proposes to establish a regulated navigational area in the Biscayne Bay 
from noon on the Saturday preceding Columbus Day to 2 a.m. on Columbus 
Day; from 9 p.m. December 31st until 2 a.m. January 1st; and from 7 
p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled 
in Downtown Miami and Key Biscayne. This regulated navigation area 
would encompass waters of the Biscayne Bay between Julia Tuttle 
Causeway Bridge and Turkey Point in Homestead, Florida.
    All vessels within the proposed regulated navigation area are: (1) 
Required to transit the regulated navigation area at no more than 15 
knots; (2) subject to control by the Coast Guard; and (3) required to 
follow the instructions of all law enforcement vessels in the area.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    The economic impact of this rule is not significant. For the 
following reasons: (1) The regulated navigation area will be enforced 
for less than 2 days each year for Columbus Day events and less for New 
Year's Eve and Fourth of July events; (2) although, during the 
enforcement period, vessels are required to transit the area at no more 
than 15 knots, are subject to control by the Coast Guard, and are 
required to follow the instructions of all law enforcement vessels in 
the area, the regulated navigation area does not prohibit vessels from 
transiting the area; (3) during the enforcement period, vessels will be 
able to operate in waters that are not encompassed within the regulated 
navigation area without the restrictions imposed by the regulated 
navigation area; and (4) advance notification will be made to the local 
maritime community via Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in Section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 72665]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
establishing a regulated navigation area which will be enforced for 
less than 48 hours. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for 33 CFR part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Revise Sec.  165.779 to read as follows:


Sec.  165.779  Regulated Navigation Area; Columbus Day Weekend, New 
Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL.

    (a) Regulated area. The regulated navigation area encompasses all 
waters of Biscayne Bay between Julia Tuttle and Turkey Point contained 
within the following points: beginning at Point 1 in position 
25[deg]48'43'' N, 80[deg]08'29'' W; thence south to Point 2 in position 
25[deg]29'07'' N, 80[deg]10'44'' W; thence southwest to Point 3 in 
position 25[deg]25'51'' N, 80[deg]12'00'' W; thence west to Point 4 in 
position 25[deg]25'51'' N, 80[deg]19'42'' W; thence north to Point 5 in 
position 25[deg]29'10'' N, 80[deg]20'58'' W; thence northwest to Point 
6 in position 25[deg]37'35'' N, 80[deg]18'28'' W; thence northwest to 
Point 7 in position 25[deg]48'44'' N, 80[deg]11'17'' W; thence back to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. All vessels within the regulated area are required 
to transit at no more than 15 knots, are subject to control by the 
Coast Guard, and must follow the instructions of designated 
representatives.
    (d) Enforcement period. (1) This section will be in enforced 
annually on Columbus Day weekend, starting at noon on the Saturday 
before Columbus Day through 2 a.m. on Monday (the Columbus Day 
holiday); from 9 p.m. December 31st until 2 a.m. January 1st; and from 
7 p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled 
in Downtown Miami and Key Biscayne.
    (2) Columbus Day is the federally recognized holiday occurring 
annually on the second Monday in October.

    Dated: November 13, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2015-29533 Filed 11-19-15; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72663

unpaid as of that date. The restrictions spouse appeals the Tax Court’s decision, (iii) Assessment to which the request
on collection begin on the date the the IRS may resume collection of the relates. For purposes of this paragraph
request is filed. liability from the requesting spouse on (c), the assessment to which the request
(ii) Restriction on collection for the date the requesting spouse files the relates is the entire assessment of the
requests for relief made before notice of appeal, unless the requesting understatement or the balance due
December 20, 2006. Unless the IRS spouse files an appeal bond pursuant to shown on the return to which the
determines that collection will be the rules of section 7485. Jeopardy request relates, even if the request for
jeopardized by delay, no levy or under paragraphs (c)(1)(i) and (ii) of this relief is made with respect to only part
proceeding in court shall be made, section means conditions exist that of that understatement or balance due.
begun, or prosecuted against a would require an assessment under (d) Effective/applicability date. This
requesting spouse requesting relief section 6851 or 6861 and the regulations section will be applicable on the date of
under § 1.6015–2 or § 1.6015–3 for the thereunder. publication of a Treasury decision
collection of any assessment to which * * * * * adopting these rules as final regulations
the request relates until the expiration (3) Suspension of the running of the in the Federal Register.
of the 90-day period described in period of limitations. The running of the ■ Par. 15. Section 1.6015–8 is amended
paragraph (b) of this section, or if a period of limitations in section 6502 on by adding paragraph (d) to read as
petition is filed with the Tax Court, collection against the requesting spouse follows:
until the decision of the Tax Court of the assessment to which the request § 1.6015–8 Applicable liabilities.
becomes final under section 7481. The under § 1.6015–2, § 1.6015–3, or
restrictions on collection begin on the * * * * *
§ 1.6015–4 relates is suspended for the
date the request is filed with the IRS. (d) Effective/applicability date. This
period during which the IRS is
For requests for relief made solely under section will be applicable on the date of
prohibited by paragraph (c)(1) of this
§ 1.6015–4, the restrictions on collection publication of a Treasury decision
section from collecting by levy or a
do not begin until December 20, 2006, adopting these rules as final regulations
proceeding in court and for 60 days
and only apply with respect to liabilities in the Federal Register.
thereafter. If the requesting spouse,
remaining unpaid on or after that date. however, signs a waiver of the § 1.6015–9 [Removed]
(iii) Rules for determining the period restrictions on collection in accordance ■ Par. 16. Section 1.6015–9 is removed.
of the restrictions on collection. For with paragraph (c)(2) of this section, the
more information regarding the date on suspension of the period of limitations §§ 1.6015–3 and 1.6015–8 [Amended]
which a decision of the Tax Court in section 6502 on collection against the ■ Par. 17. For each entry in the
becomes final, see section 7481 and the requesting spouse will terminate on the ‘‘Section’’ column remove the language
regulations thereunder. date that is 60 days after the date the in the ‘‘Remove’’ column and add the
Notwithstanding paragraphs (c)(1)(i) waiver is filed with the IRS. language in the ‘‘Add’’ column in its
and (ii) of this section, if the requesting (4) * * * place.

Section Remove Add

1.6015–3(c)(4) Example 4 (ii), (iii), (iv), and (v), first sentence .............. Example 5 ...................................... Example 4.
1.6015–3(c)(4) Example 5 (ii), (iii), and (iv), first sentence .................... Example 6 ...................................... Example 5.
1.6015–8(c) Example 1, fifth sentence ................................................... 6015(b) .......................................... 6015.

John Dalrymple, regulated navigation area on Biscayne DATES: Comments and related material
Deputy Commissioner for Services and Bay in Miami, Florida. The proposed must be received by the Coast Guard on
Enforcement. amended regulation extends the or before December 21, 2015.
[FR Doc. 2015–29609 Filed 11–19–15; 8:45 am] Biscayne Bay regulated navigation ADDRESSES: You may submit comments
BILLING CODE 4830–01–P enforcement period to New Year’s Eve identified by docket number USCG–
and Fourth of July events. It also 2015–0786 using the Federal
expands the boundaries of the regulated eRulemaking Portal at http://
DEPARTMENT OF HOMELAND navigation area south to Turkey Point, www.regulations.gov. See the ‘‘Public
SECURITY east to Elliott Key, west to the shoreline, Participation and Request for
and north to the Julia Tuttle Causeway. Comments’’ portion of the
Coast Guard These regulations are necessary to SUPPLEMENTARY INFORMATION section for
protect the public during Columbus Day further instructions on submitting
33 CFR Part 165 weekend, New Year’s Eve events, and comments.
[Docket No. USCG–2015–0786] Fourth of July events; periods that have FOR FURTHER INFORMATION CONTACT: If
historically had a significant you have questions about this proposed
RIN 1625–AA11 concentration of persons and vessels on rulemaking, call or email Petty Officer
the waters of Biscayne Bay. To ensure Benjamin R. Colbert, Waterways
Regulated Navigation Area; Columbus the public’s safety, all vessels within the
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Day Weekend, New Year’s Eve Events, Management Division, U.S. Coast
regulated navigation area are: Required Guard; telephone 305–535–4317, email
and Fourth of July Events; Biscayne to transit the regulated navigation area
Bay, Miami, FL Benjamin.R.Colbert@uscg.mil.
at no more than 15 knots; subject to SUPPLEMENTARY INFORMATION:
AGENCY: Coast Guard, DHS. control by the Coast Guard; and
required to follow the instructions of all I. Table of Abbreviations
ACTION: Notice of proposed rulemaking.
law enforcement vessels in the area. We CFR Code of Federal Regulations
SUMMARY: The Coast Guard proposes invite your comments on this proposed E.O. Executive Order
amending the Columbus Day weekend rulemaking. FR Federal Register

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72664 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules

NPRM Notice of proposed rulemaking analyses based on a number of these jurisdiction qualifies as a small entity
§ Section statutes and E.O.s, and we discuss First and that this rule would have a
U.S.C. United States Code Amendment rights of protestors. significant economic impact on it,
II. Background, Purpose, and Legal please submit a comment (see
A. Regulatory Planning and Review
Basis ADDRESSES) explaining why you think it
E.O.s 12866 and 13563 direct agencies qualifies and how and to what degree
Recreational boating traffic on the to assess the costs and benefits of this rule would economically affect it.
waters of Biscayne Bay increases available regulatory alternatives and, if Under section 213(a) of the Small
significantly during Columbus Day, regulation is necessary, to select Business Regulatory Enforcement
New Year’s Eve, and Fourth of July regulatory approaches that maximize Fairness Act of 1996 (Pub. L. 104–121),
events. In recent years, recreational net benefits. E.O. 13563 emphasizes the we want to assist small entities in
vessel speed, especially in crossing importance of quantifying both costs understanding this proposed rule. If the
navigational channels, contributed to and benefits, of reducing costs, of rule would affect your small business,
incidents that resulted in severe injury harmonizing rules, and of promoting organization, or governmental
and death. This proposed regulation flexibility. This NPRM has not been jurisdiction and you have questions
seeks to increase public safety on the designated a ‘‘significant regulatory concerning its provisions or options for
waters of Biscayne Bay during holidays action,’’ under E.O. 12866. Accordingly, compliance, please contact the person
known for increased vessel traffic by the NPRM has not been reviewed by the listed in the FOR FURTHER INFORMATION
requiring vessels to travel at a maximum Office of Management and Budget. CONTACT section. The Coast Guard will
speed of 15 knots. It also subjects The economic impact of this rule is not retaliate against small entities that
recreational vessels to the control by not significant. For the following question or complain about this
Coast Guard and local law enforcement reasons: (1) The regulated navigation proposed rule or any policy or action of
authorities. area will be enforced for less than 2 the Coast Guard.
The legal basis for this proposed rule days each year for Columbus Day events
is the Coast Guard’s authority to and less for New Year’s Eve and Fourth C. Collection of Information
establish regulated navigation areas and of July events; (2) although, during the This proposed rule would not call for
other limited access areas: 33 U.S.C. enforcement period, vessels are required a new collection of information under
1231; 50 U.S.C. 191; 33 CFR 1.05–1, to transit the area at no more than 15 the Paperwork Reduction Act of 1995
6.04–1, 6.04–6, and 160.5; Department knots, are subject to control by the Coast (44 U.S.C. 3501–3520).
of Homeland Security Delegation No. Guard, and are required to follow the
0170.1. instructions of all law enforcement D. Federalism and Indian Tribal
The purpose of the proposed rule is vessels in the area, the regulated Governments
to ensure the safe transit of vessels and navigation area does not prohibit vessels A rule has implications for federalism
to protect persons, vessels, and the from transiting the area; (3) during the under E.O. 13132, Federalism, if it has
marine environment within the enforcement period, vessels will be able a substantial direct effect on the States,
regulated navigation area during the to operate in waters that are not on the relationship between the national
Columbus Day weekend, New Year’s encompassed within the regulated government and the States, or on the
Eve, and the Fourth of July. navigation area without the restrictions distribution of power and
imposed by the regulated navigation responsibilities among the various
III. Discussion of Proposed Rule
area; and (4) advance notification will levels of government. We have analyzed
The District Commander for the Coast be made to the local maritime this proposed rule under that Order and
Guard’s Seventh District proposes to community via Local Notice to Mariners have determined that it is consistent
establish a regulated navigational area and Broadcast Notice to Mariners. with the fundamental federalism
in the Biscayne Bay from noon on the principles and preemption requirements
Saturday preceding Columbus Day to 2 B. Impact on Small Entities described in E.O. 13132.
a.m. on Columbus Day; from 9 p.m. The Regulatory Flexibility Act of Also, this proposed rule does not have
December 31st until 2 a.m. January 1st; 1980, 5 U.S.C. 601–612, as amended, tribal implications under E.O. 13175,
and from 7 p.m. until 2 a.m. on the requires Federal agencies to consider Consultation and Coordination with
night Fourth of July fireworks are the potential impact of regulations on Indian Tribal Governments, because it
scheduled in Downtown Miami and Key small entities during rulemaking. The would not have a substantial direct
Biscayne. This regulated navigation area term ‘‘small entities’’ comprises small effect on one or more Indian tribes, on
would encompass waters of the businesses, not-for-profit organizations the relationship between the Federal
Biscayne Bay between Julia Tuttle that are independently owned and Government and Indian tribes, or on the
Causeway Bridge and Turkey Point in operated and are not dominant in their distribution of power and
Homestead, Florida. fields, and governmental jurisdictions responsibilities between the Federal
All vessels within the proposed with populations of less than 50,000. Government and Indian tribes. If you
regulated navigation area are: (1) The Coast Guard certifies under 5 U.S.C. believe this proposed rule has
Required to transit the regulated 605(b) that this proposed rule would not implications for federalism or Indian
navigation area at no more than 15 have a significant economic impact on tribes, please contact the person listed
knots; (2) subject to control by the Coast a substantial number of small entities. in the FOR FURTHER INFORMATION
While some owners or operators of
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Guard; and (3) required to follow the CONTACT section above.
instructions of all law enforcement vessels intending to transit the regulated
vessels in the area. navigation area may be small entities, E. Unfunded Mandates Reform Act
for the reasons stated in Section IV.A The Unfunded Mandates Reform Act
IV. Regulatory Analyses above this proposed rule would not of 1995 (2 U.S.C. 1531–1538) requires
We developed this proposed rule after have a significant economic impact on Federal agencies to assess the effects of
considering numerous statutes and any vessel owner or operator. their discretionary regulatory actions. In
executive orders (E.O.s) related to If you think that your business, particular, the Act addresses actions
rulemaking. Below we summarize our organization, or governmental that may result in the expenditure by a

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Document Created: 2015-12-14 13:58:12
Document Modified: 2015-12-14 13:58:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before December 21, 2015.
Contact		If you have questions about this proposed rulemaking, call or email Petty Officer Benjamin R. Colbert, Waterways Management Division, U.S. Coast Guard; telephone 305-535- 4317, email [email protected]
FR Citation		80 FR 72663
RIN Number		1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 72663 - Regulated Navigation Area; Columbus Day Weekend, New Year's Eve Events, and Fourth of July Events; Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 224 (November 20, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard