[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Proposed Rules]
[Pages 59602-59605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24133]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0830]
RIN 1625-AA87
Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary security
zone over certain navigable waters of Biscayne Bay in connection with
Super
[[Page 59603]]
Bowl 2020 events in Miami, Florida. The temporary security zone is
necessary to protect official party, executives, public, and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other causes of a similar nature. Anchoring, or
remaining within the security zone would be prohibited unless
authorized by the Captain of the Port Miami (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 5, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0830 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call Omar Beceiro, Sector Miami Waterways
Management Division, U.S. Coast Guard at 305-535-4317 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The City of Miami will be hosting Super Bowl LIV (54) in February
2020. Additionally, several venues and hotels in the City of Miami
downtown area will host Super Bowl-related events during the week
preceding the Super Bowl, which is scheduled for February 2, 2020.
Venues include Bayfront Park, Adrienne Arsht Center for the Performing
Arts, and JW Marriott Marquis Hotel. The Coast Guard anticipates these
various events will draw large crowds of people, executives, official
party, etc. and present a security concern since the venues may be
accessed from or are in close proximity to the waterfront, Biscayne
Bay. The COTP has determined the ease of waterfront access to the
various venues hosting Super Bowl events present a security concern for
attendees.
The purpose of this rulemaking is to ensure the security of the
public, executives, official party and surrounding waterway from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary security zone to be
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020
until 8:00 a.m. on February 3, 2020. The temporary security zone would
cover all navigable waters of Biscayne Bay from approximately Venetian
Causeway south to and including a portion of the Miami River. The
duration of the temporary security zone is intended to ensure the
security of the public, executives, official party and surrounding
waterway before, during, and after the various Super Bowl-related
events in the Downtown area of Miami, Florida.
All persons and vessels are required to transit the security zone
at a steady speed and may not slow down, stop, or anchor except in the
case of unforeseen mechanical failure or other emergency. Any persons
or vessels forced to slow or stop in the zone shall immediately notify
the COTP Miami via VHF channel 16.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zone. The security
zone will only affect a small area of Biscayne Bay near Bayfront Park
in the Port of Miami for approximately eight days. Vessel traffic;
however, will not be impeded by the temporary security zone. Vessels
will be able to transit the security zone along the Intracoastal
Waterway with the only restriction being the inability to stop or
anchor within the zone. Moreover, upon activating the security zone,
the Coast Guard will notify the local maritime community through
various means including, Local Notice Mariners and Broadcast Notice to
Mariners issued on VHF-FM marine radio channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under
[[Page 59604]]
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
temporary security zone lasting approximately eight days that would
prohibit vessels from stopping or anchoring within the zone. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A draft Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0830 to read as follows:
Sec. 165.T07-0830 Security Zone; Super Bowl 2020, Bayfront Park,
Miami, FL
(a) Regulated Areas: The following is a temporary security zone:
(1) All waters of Biscayne Bay within the following points:
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W;
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W;
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W;
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W;
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W;
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W;
thence back to origin at Point 1.
(b) Definition: The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the security zone.
(c) Regulations:
(1) All persons and vessels are required to transit the security
zone at a steady speed and may not slow down, stop, or anchor except in
the case of unforeseen mechanical failure or other emergency. Any
persons or vessels forced to slow or stop in the zone shall immediately
notify the Captain of the Port Miami via VHF channel 16.
(2) Persons who must notify or request authorization from the
Captain of the Port Miami may do so by telephone at (305) 535-4472, or
may contact a designated representative via VHF radio on channel 16.
If authorization to anchor, or remain within the security zone is
granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of
[[Page 59605]]
the Captain of the Port Miami or the designated representative.
(d) Enforcement Period: This rule will be enforced from 8:00 a.m.
on January 26, 2020 through 8:00 a.m. on February 3, 2020.
Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-24133 Filed 11-4-19; 8:45 am]
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