83_FR_48404 83 FR 48219 - Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL

83 FR 48219 - Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range48219-48221
FR Document2018-20670

The Coast Guard is establishing a temporary safety zone for certain navigable waters of Biscayne Bay east of Bayfront Park in connection with aerobatic helicopter demonstrations sponsored by Red Bull in Miami, Florida. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards associated with the aerial demonstrations over Biscayne Bay. Entry of vessels or persons into this zone is prohibited, unless specifically authorized by the Captain of the Port Miami (COTP).

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48219-48221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20670]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0731]
RIN 1625-AA00


Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of Biscayne Bay east of Bayfront Park in 
connection with aerobatic helicopter demonstrations sponsored by Red 
Bull in Miami, Florida. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards associated 
with the aerial demonstrations over Biscayne Bay. Entry of vessels or 
persons into this zone is prohibited, unless specifically authorized by 
the Captain of the Port Miami (COTP).

DATES: This rule is effective from 2:30 p.m. October 20, 2018, through 
4 p.m. October 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0731 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Omar Beceiro, Sector Miami 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The Coast Guard 
received information regarding the size and location of the safety zone 
with insufficient time to publish an NPRM and receive public comments. 
Because of the potential hazards associated with the aerobatic 
demonstrations, the safety zone is necessary to provide for the safety 
of event participants and vessels transiting in proximity to the event 
area. For these reasons, it would be impracticable and contrary to the 
public interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    Delaying the effective date of this rule would be impracticable 
because immediate action is needed to respond to potential safety 
hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
aerobatic helicopter demonstrations will be a safety concern for 
persons and vessels traveling underneath the demonstrations. This rule 
is needed to protect persons, vessels, and the marine environment in 
the navigable waters contained within the safety zone during aerial 
demonstrations.

IV. Discussion of the Rule

    This rule establishes a safety zone for three, 30-minute periods 
commencing at 2:30 p.m., 4 p.m., and 5:30 p.m. on October 20, 2018, and 
for three, 30-minute periods commencing at 12:30 p.m., 2 p.m., and 3:30 
p.m. on October

[[Page 48220]]

21, 2018. The safety zone will cover certain navigable waters of 
Biscayne Bay east of Bayfront Park in Miami, FL. The duration of the 
safety zone is intended to protect persons, vessels, and the marine 
environment in these navigable waters during aerial demonstrations. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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-day of the safety zone. Vessel traffic 
will be temporarily interrupted and prevented from transiting a short 
section of the Intracoastal Waterway and Fisherman's Channel in Miami, 
FL during demonstrations. The interruptions would affect a small 
designated area of Biscayne Bay for 30-minute periods, three times each 
day the safety zone is in effect. Moreover, the Coast Guard would issue 
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone lasting approximately 90 minutes (three, 30-minute 
periods) each day of the two-day event. During each 30-minute period 
the safety zone is in effect, boating traffic will be temporarily 
interrupted and prevented from transiting the Intracoastal Waterway or 
Fisherman's Channel east of Bayfront Park in Miami, FL. The rule is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

[[Page 48221]]

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add a temporary Sec.  165.T07-0731 to read as follows:


Sec.  165.T07-0731  Safety Zone; Intracoastal Waterway, Biscayne Bay, 
Miami, FL.

    (a) Location. The following coordinates define the temporary safety 
zone located in Biscayne Bay, Miami, FL. All waters of Biscayne Bay 
contained within the following points: Commencing at 25[deg]46'22'' N, 
080[deg]10'28'' W; thence southwest to 25[deg]45'33'' N, 
080[deg]10'39'' W; thence northwest to 25[deg]45'42'' N, 
080[deg]11'05'' W; then northeast to 25[deg]46'34'' N, 080[deg]10'49'' 
W; thence southeast along the shoreline 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 COTP 
in the enforcement of the regulated area.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the regulated area unless 
authorized by COTP or a designated representative.
    (2) Persons and vessels desiring to enter, transit, anchor, or 
remain within the regulated area may contact the COTP by telephone at 
305-535-4313, or a designated representative via VHF radio on channel 
16 to request authorization. If authorization is granted, all persons 
and vessels receiving such authorization must comply with the 
instructions of the COTP or a designated representative.
    (d) Enforcement period. This rule will be enforced from 2:30 p.m. 
through 3 p.m., 4 p.m. through 4:30 p.m., and 5:30 through 6 p.m. on 
October 20, 2018, and 12:30 p.m. through 1 p.m., 2 p.m. through 2:30 
p.m., and 3:30 p.m. through 4 p.m. on October 21, 2018.

    Dated: September 18, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-20670 Filed 9-21-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                        48219

                                             may apply to the Commission for an                      Room 820, 4330 East West Highway,                     DHS Department of Homeland Security
                                             exemption from this preemption under                    Bethesda, MD 20814, telephone 301–                    FR Federal Register
                                             certain circumstances.                                  504–7923, or at the National Archives                 NPRM Notice of proposed rulemaking
                                                The Danny Keysar Child Product                       and Records Administration (NARA).                    § Section
                                             Safety Notification Act (at section                                                                           U.S.C. United States Code
                                                                                                     For information on the availability of
                                             104(b)(1)(B) of the CPSIA) refers to the                this material at NARA, call 202–741–                  II. Background Information and
                                             rules to be issued under that section as                6030, or go to: https://                              Regulatory History
                                             ‘‘consumer product safety standards,’’                  www.archives.gov/federal-register/cfr/
                                             thus, implying that the preemptive                                                                               The Coast Guard is issuing this
                                                                                                     ibr-locations.html.                                   temporary rule without prior notice and
                                             effect of section 26(a) of the CPSA
                                             would apply. Therefore, a rule issued                   Alberta E. Mills,                                     opportunity to comment pursuant to
                                             under section 104 of the CPSIA will                     Secretary, U.S. Consumer Product Safety               authority under section 4(a) of the
                                             invoke the preemptive effect of section                 Commission.                                           Administrative Procedure Act (APA) (5
                                             26(a) of the CPSA when it becomes                       [FR Doc. 2018–20673 Filed 9–21–18; 8:45 am]           U.S.C. 553(b)). This provision
                                             effective.                                              BILLING CODE 6355–01–P
                                                                                                                                                           authorizes an agency to issue a rule
                                                                                                                                                           without prior notice and opportunity to
                                             K. Environmental Considerations                                                                               comment when the agency for good
                                               The Commission’s regulations                          DEPARTMENT OF HOMELAND                                cause finds that those procedures are
                                             provide a categorical exclusion for the                 SECURITY                                              ‘‘impracticable, unnecessary, or contrary
                                             Commission’s rules from any                                                                                   to the public interest.’’ Under 5 U.S.C.
                                             requirement to prepare an                               Coast Guard                                           553(b)(B), the Coast Guard finds that
                                             environmental assessment or an                                                                                good cause exists for not publishing a
                                             environmental impact statement                          33 CFR Part 165                                       notice of proposed rulemaking (NPRM)
                                             because they ‘‘have little or no potential                                                                    with respect to this rule because it is
                                                                                                     [Docket Number USCG–2018–0731]                        impracticable. The Coast Guard received
                                             for affecting the human environment.’’
                                             16 CFR 1021.5(c)(2). This rule falls                    RIN 1625–AA00                                         information regarding the size and
                                             within the categorical exclusion, so no                                                                       location of the safety zone with
                                             environmental assessment or                             Safety Zone; Intracoastal Waterway,                   insufficient time to publish an NPRM
                                             environmental impact statement is                       Biscayne Bay, Miami, FL                               and receive public comments. Because
                                             required.                                               AGENCY:    Coast Guard, DHS.                          of the potential hazards associated with
                                                                                                                                                           the aerobatic demonstrations, the safety
                                             List of Subjects in 16 CFR Part 1233                    ACTION:   Temporary final rule.                       zone is necessary to provide for the
                                               Consumer protection, Imports,                         SUMMARY:   The Coast Guard is                         safety of event participants and vessels
                                             Incorporation by reference, Infants and                 establishing a temporary safety zone for              transiting in proximity to the event area.
                                             children, Law enforcement, Safety,                      certain navigable waters of Biscayne Bay              For these reasons, it would be
                                             Toys.                                                   east of Bayfront Park in connection with              impracticable and contrary to the public
                                               For the reasons stated above, the                     aerobatic helicopter demonstrations                   interest to publish an NPRM.
                                             Commission amends title 16 CFR                          sponsored by Red Bull in Miami,                          Under 5 U.S.C. 553(d)(3), the Coast
                                             chapter II as follows:                                  Florida. The safety zone is needed to                 Guard finds that good cause exists for
                                                                                                     protect persons, vessels, and the marine              making this rule effective less than 30
                                             PART 1233—SAFETY STANDARD FOR                           environment from potential hazards                    days after publication in the Federal
                                             PORTABLE HOOK-ON CHAIRS                                 associated with the aerial                            Register.
                                                                                                     demonstrations over Biscayne Bay.                        Delaying the effective date of this rule
                                             ■ 1. The authority citation for part 1233                                                                     would be impracticable because
                                             continues to read as follows:                           Entry of vessels or persons into this
                                                                                                     zone is prohibited, unless specifically               immediate action is needed to respond
                                               Authority: Sec. 104, Pub. L. 110–314, 122             authorized by the Captain of the Port                 to potential safety hazards associated
                                             Stat. 3016 (August 14, 2008); Sec. 3, Pub. L.                                                                 with the event.
                                             112–28, 125 Stat. 273 (August 12, 2011).
                                                                                                     Miami (COTP).
                                                                                                     DATES: This rule is effective from 2:30               III. Legal Authority and Need for Rule
                                             ■   2. Revise § 1233.2 to read as follows:              p.m. October 20, 2018, through 4 p.m.
                                                                                                                                                              The Coast Guard is issuing this rule
                                             § 1233.2 Requirements for portable hook-                October 21, 2018.
                                                                                                                                                           under authority in 33 U.S.C. 1231. The
                                             on chairs.                                              ADDRESSES: To view documents                          COTP has determined that potential
                                                Each portable hook-on chair must                     mentioned in this preamble as being                   hazards associated with aerobatic
                                             comply with all applicable provisions of                available in the docket, go to http://                helicopter demonstrations will be a
                                             ASTM F1235–18, Standard Consumer                        www.regulations.gov, type USCG–2018–                  safety concern for persons and vessels
                                             Safety Specification for Portable Hook-                 0731 in the ‘‘SEARCH’’ box and click                  traveling underneath the
                                             On Chairs, approved May 1, 2018. The                    ‘‘SEARCH.’’ Click on Open Docket                      demonstrations. This rule is needed to
                                             Director of the Federal Register                        Folder on the line associated with this               protect persons, vessels, and the marine
                                             approves the incorporation by reference                 rule.                                                 environment in the navigable waters
                                             listed in this section in accordance with               FOR FURTHER INFORMATION CONTACT: If                   contained within the safety zone during
                                             5 U.S.C. 552(a) and 1 CFR part 51. You                  you have questions on this rule, call or              aerial demonstrations.
                                             may obtain a copy of this ASTM                          email Omar Beceiro, Sector Miami
                                             standard from ASTM International, 100                   Waterways Management Division, U.S.                   IV. Discussion of the Rule
daltland on DSKBBV9HB2PROD with RULES




                                             Barr Harbor Drive, PO Box C700, West                    Coast Guard; telephone 305–535–4317,                    This rule establishes a safety zone for
                                             Conshohocken, PA 19428–2959 USA;                        email omar.beceiro@uscg.mil.                          three, 30-minute periods commencing at
                                             phone: 610–832–9585; http://                            SUPPLEMENTARY INFORMATION:                            2:30 p.m., 4 p.m., and 5:30 p.m. on
                                             www.astm.org/. You may inspect a copy                                                                         October 20, 2018, and for three, 30-
                                             at the Division of the Secretariat, U.S.                I. Table of Abbreviations                             minute periods commencing at 12:30
                                             Consumer Product Safety Commission,                     CFR    Code of Federal Regulations                    p.m., 2 p.m., and 3:30 p.m. on October


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                                             48220            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

                                             21, 2018. The safety zone will cover                    with populations of less than 50,000.                 direct effect on one or more Indian
                                             certain navigable waters of Biscayne Bay                The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             east of Bayfront Park in Miami, FL. The                 605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             duration of the safety zone is intended                 significant economic impact on a                      or on the distribution of power and
                                             to protect persons, vessels, and the                    substantial number of small entities.                 responsibilities between the Federal
                                             marine environment in these navigable                      While some owners or operators of                  Government and Indian tribes. If you
                                             waters during aerial demonstrations. No                 vessels intending to transit the safety               believe this rule has implications for
                                             vessel or person will be permitted to                   zone may be small entities, for the                   federalism or Indian tribes, please
                                             enter the safety zone without obtaining                 reasons stated in section V.A above, this             contact the person listed in the FOR
                                             permission from the COTP or a                           rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             designated representative.                              economic impact on any vessel owner                   above.
                                                                                                     or operator.
                                             V. Regulatory Analyses                                     Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                               We developed this rule after                          Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             considering numerous statutes and                       Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             Executive orders related to rulemaking.                 we want to assist small entities in                   Federal agencies to assess the effects of
                                             Below we summarize our analyses                         understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             based on a number of these statutes and                 would affect your small business,                     particular, the Act addresses actions
                                             Executive orders, and we discuss First                  organization, or governmental                         that may result in the expenditure by a
                                             Amendment rights of protestors.                         jurisdiction and you have questions                   State, local, or tribal government, in the
                                             A. Regulatory Planning and Review                       concerning its provisions or options for              aggregate, or by the private sector of
                                                                                                     compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                Executive Orders 12866 and 13563                     listed in the FOR FURTHER INFORMATION
                                             direct agencies to assess the costs and                                                                       more in any one year. Though this rule
                                                                                                     CONTACT section.                                      will not result in such an expenditure,
                                             benefits of available regulatory                           Small businesses may send comments
                                             alternatives and, if regulation is                                                                            we do discuss the effects of this rule
                                                                                                     on the actions of Federal employees                   elsewhere in this preamble.
                                             necessary, to select regulatory                         who enforce, or otherwise determine
                                             approaches that maximize net benefits.                  compliance with, Federal regulations to               F. Environment
                                             Executive Order 13771 directs agencies                  the Small Business and Agriculture
                                             to control regulatory costs through a                                                                            We have analyzed this rule under
                                                                                                     Regulatory Enforcement Ombudsman
                                             budgeting process. This rule has not                                                                          Department of Homeland Security
                                                                                                     and the Regional Small Business
                                             been designated a ‘‘significant                                                                               Directive 023–01 and Commandant
                                                                                                     Regulatory Fairness Boards. The
                                             regulatory action,’’ under Executive                                                                          Instruction M16475.1D, which guide the
                                                                                                     Ombudsman evaluates these actions
                                             Order 12866. Accordingly, this rule has                                                                       Coast Guard in complying with the
                                                                                                     annually and rates each agency’s
                                             not been reviewed by the Office of                                                                            National Environmental Policy Act of
                                                                                                     responsiveness to small business. If you
                                             Management and Budget (OMB), and                                                                              1969 (42 U.S.C. 4321–4370f), and have
                                                                                                     wish to comment on actions by
                                             pursuant to OMB guidance it is exempt                                                                         determined that this action is one of a
                                                                                                     employees of the Coast Guard, call 1–
                                             from the requirements of Executive                                                                            category of actions that do not
                                                                                                     888–REG–FAIR (1–888–734–3247). The
                                             Order 13771.                                                                                                  individually or cumulatively have a
                                                                                                     Coast Guard will not retaliate against
                                                This regulatory action determination                                                                       significant effect on the human
                                                                                                     small entities that question or complain
                                             is based on the size, location, duration,                                                                     environment. This rule involves a safety
                                                                                                     about this rule or any policy or action
                                             and time-of-day of the safety zone.                                                                           zone lasting approximately 90 minutes
                                                                                                     of the Coast Guard.
                                             Vessel traffic will be temporarily                                                                            (three, 30-minute periods) each day of
                                             interrupted and prevented from                          C. Collection of Information                          the two-day event. During each 30-
                                             transiting a short section of the                         This rule will not call for a new                   minute period the safety zone is in
                                             Intracoastal Waterway and Fisherman’s                   collection of information under the                   effect, boating traffic will be temporarily
                                             Channel in Miami, FL during                             Paperwork Reduction Act of 1995 (44                   interrupted and prevented from
                                             demonstrations. The interruptions                       U.S.C. 3501–3520).                                    transiting the Intracoastal Waterway or
                                             would affect a small designated area of                                                                       Fisherman’s Channel east of Bayfront
                                             Biscayne Bay for 30-minute periods,                     D. Federalism and Indian Tribal                       Park in Miami, FL. The rule is
                                             three times each day the safety zone is                 Governments                                           categorically excluded from further
                                             in effect. Moreover, the Coast Guard                       A rule has implications for federalism             review under paragraph L60(a) of
                                             would issue a Broadcast Notice to                       under Executive Order 13132,                          Appendix A, Table 1 of DHS Instruction
                                             Mariners via VHF–FM marine channel                      Federalism, if it has a substantial direct            Manual 023–01–001–01, Rev. 01. A
                                             16 about the zone, and the rule would                   effect on the States, on the relationship             Record of Environmental Consideration
                                             allow vessels to seek permission to enter               between the national government and                   supporting this determination is
                                             the zone.                                               the States, or on the distribution of                 available in the docket where indicated
                                                                                                     power and responsibilities among the                  under ADDRESSES.
                                             B. Impact on Small Entities                             various levels of government. We have                 G. Protest Activities
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                   The Coast Guard respects the First
                                             requires Federal agencies to consider                   with the fundamental federalism                       Amendment rights of protesters.
                                             the potential impact of regulations on                                                                        Protesters are asked to contact the
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     principles and preemption requirements
                                             small entities during rulemaking. The                   described in Executive Order 13132.                   person listed in the FOR FURTHER
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               INFORMATION CONTACT section to
                                             businesses, not-for-profit organizations                implications under Executive Order                    coordinate protest activities so that your
                                             that are independently owned and                        13175, Consultation and Coordination                  message can be received without
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  because it does not have a substantial                people, places or vessels.


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                                                              Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                      48221

                                             List of Subjects in 33 CFR Part 165                       Dated: September 18, 2018.                          During the comment period, VA
                                               Harbors, Marine safety, Navigation                    M.M. Dean,                                            received several comments from 17
                                             (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the             commenters.
                                             requirements, Security measures,                        Port Miami.
                                                                                                                                                           Summary of Comments and VA’s
                                             Waterways.                                              [FR Doc. 2018–20670 Filed 9–21–18; 8:45 am]
                                                                                                                                                           Response
                                                                                                     BILLING CODE 9110–04–P
                                               For the reasons discussed in the                                                                            A. General
                                             preamble, the Coast Guard amends 33
                                             CFR part 165 as follows:                                                                                         VA received several comments that
                                                                                                     DEPARTMENT OF VETERANS                                described the commenters’ views and
                                             PART 165—REGULATED NAVIGATION                           AFFAIRS                                               experiences without any reference to a
                                             AREAS AND LIMITED ACCESS AREAS                                                                                proposed regulatory provision. VA is
                                                                                                     38 CFR Part 74                                        unable to respond to these comments as
                                             ■ 1. The authority citation for part 165                RIN 2900–AP97                                         they did not address the proposed
                                             continues to read as follows:                                                                                 provisions at issue here. One
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             VA Veteran-Owned Small Business                       commenter questions the VA’s authority
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               (VOSB) Verification Guidelines                        with regards to the verification process
                                             and Department of Homeland Security                                                                           and disagrees that the VA is authorized
                                             Delegation No. 0170.1.                                  AGENCY:    Department of Veterans Affairs.
                                                                                                                                                           to issue regulations and make
                                                                                                     ACTION:   Final rule.                                 determinations of ownership and
                                             ■ 2. Add a temporary § 165.T07–0731 to
                                             read as follows:                                        SUMMARY:   The Department of Veterans                 control. The commenter contends that
                                                                                                     Affairs (VA) is amending its regulations              VA’s function with respect to
                                             § 165.T07–0731 Safety Zone; Intracoastal                                                                      verification should be limited to
                                             Waterway, Biscayne Bay, Miami, FL.                      governing VA’s Veteran-Owned Small
                                                                                                     Business (VOSB) Verification Program.                 verifying veteran and disability status,
                                               (a) Location. The following                                                                                 and maintaining the VA list of verified
                                                                                                     The National Defense Authorization Act
                                             coordinates define the temporary safety                                                                       SDVOSBs and VOSBs. Although the
                                                                                                     for Fiscal Year 2017 (‘‘the NDAA’’),
                                             zone located in Biscayne Bay, Miami,                                                                          authority to issue regulations setting
                                                                                                     placed the responsibility for issuing
                                             FL. All waters of Biscayne Bay                                                                                forth the ownership and control criteria
                                                                                                     regulations relating to ownership and
                                             contained within the following points:                                                                        for SDVOSBs and VOSBs now rests with
                                                                                                     control for the verification of VOSBs
                                             Commencing at 25°46′22″ N, 080°10′28″                                                                         the Administrator of the SBA, the
                                                                                                     with the United States Small Business
                                             W; thence southwest to 25°45′33″ N,                                                                           Secretary is still charged with verifying
                                                                                                     Administration (SBA). This regulation
                                             080°10′39″ W; thence northwest to                                                                             that each applicant complies with those
                                                                                                     implements the NDAA by referencing
                                             25°45′42″ N, 080°11′05″ W; then                                                                               regulatory provisions prior to granting
                                                                                                     SBA’s regulations governing ownership
                                             northeast to 25°46′34″ N, 080°10′49″ W;                                                                       verified status and including the
                                                                                                     and control and adds and clarifies
                                             thence southeast along the shoreline to                                                                       applicant in the VA list of verified
                                                                                                     certain terms and references that are
                                             origin. All coordinates are North                                                                             firms. As the Secretary still maintains
                                                                                                     currently part of the verification
                                             American Datum 1983.                                                                                          this authority and responsibility, VA
                                                                                                     process. The NDAA also provides that
                                               (b) Definition. The term ‘‘designated                                                                       finds the commenter’s proposed
                                                                                                     in certain circumstances a firm can
                                             representative’’ means Coast Guard                                                                            limitation without merit. However, to
                                                                                                     qualify as VOSB or Service-Disabled
                                             Patrol Commanders, including Coast                                                                            eliminate any confusion as to whether
                                                                                                     Veteran-Owned Small Business
                                             Guard coxswains, petty officers, and                                                                          the Secretary is attempting to regulate
                                                                                                     (SDVOSB) when there is a surviving
                                             other officers operating Coast Guard                                                                          ownership and control requirements,
                                                                                                     spouse or an employee stock ownership
                                             vessels, and Federal, state, and local                                                                        VA will refer directly to SBA’s
                                                                                                     plan (ESOP).
                                             officers designated by or assisting the                                                                       regulations where appropriate. This will
                                             COTP in the enforcement of the                          DATES: This rule is effective on October
                                                                                                                                                           additionally allow VA’s regulation to be
                                             regulated area.                                         1, 2018.                                              immediately updated should SBA make
                                               (c) Regulations. (1) No person or                     FOR FURTHER INFORMATION CONTACT: Tom                  regulatory changes related to ownership
                                             vessel will be permitted to enter, transit,             McGrath, Director, Center for                         and control. Several other commenters
                                             anchor, or remain within the regulated                  Verification and Evaluation (00VE),                   discussed their personal difficulties
                                             area unless authorized by COTP or a                     Department of Veterans Affairs, 810                   with the verification process, how
                                             designated representative.                              Vermont Ave. NW, Washington, DC                       regulatory provisions are interpreted,
                                               (2) Persons and vessels desiring to                   20420, (202) 461–4600. (This is not a                 and the manner by which the
                                             enter, transit, anchor, or remain within                toll-free number.)                                    verification process is administered. As
                                             the regulated area may contact the                      SUPPLEMENTARY INFORMATION: In Public                  these comments do not address the
                                             COTP by telephone at 305–535–4313, or                   Law 114–840, the NDAA designates the                  proposed regulation, VA is unable to
                                             a designated representative via VHF                     SBA as the Federal Agency responsible                 respond to these comments.
                                             radio on channel 16 to request                          for creating regulations governing
                                             authorization. If authorization is                      ownership and control. This rule                      B. Section 74.1
                                             granted, all persons and vessels                        amends VA’s verification regulations in                  For consistency, § 74.1 proposed
                                             receiving such authorization must                       order to implement the NDAA as                        removing all references to VetBiz and
                                             comply with the instructions of the                     regulations relating to and clarifying                replacing the words Center for
                                             COTP or a designated representative.                    ownership and control are no longer the               Verification and Evaluation, service-
                                               (d) Enforcement period. This rule will                                                                      disabled veteran-owned small business,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     responsibility of VA.
                                             be enforced from 2:30 p.m. through 3                       On January 10, 2018, VA published in               the Department of Veterans Affairs,
                                             p.m., 4 p.m. through 4:30 p.m., and 5:30                the Federal Register (83 FR 1203) a                   Vendor Information Pages, and veteran-
                                             through 6 p.m. on October 20, 2018, and                 proposed rule to amend its regulations                owned small business, and uses in their
                                             12:30 p.m. through 1 p.m., 2 p.m.                       governing its VOSB Program. The                       place the respective abbreviations—
                                             through 2:30 p.m., and 3:30 p.m.                        proposed rule allowed for a comment                   CVE, SDVOSB, VA, VIP, and VOSB in
                                             through 4 p.m. on October 21, 2018.                     period ending on March 12, 2018.                      titles and the body of the regulation,


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Document Created: 2018-09-22 00:32:52
Document Modified: 2018-09-22 00:32:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 2:30 p.m. October 20, 2018, through 4 p.m. October 21, 2018.
ContactIf you have questions on this rule, call or email Omar Beceiro, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone 305-535-4317, email [email protected]
FR Citation83 FR 48219 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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