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Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Rules and Regulations
this navigable water. This rulemaking will require all persons and vessels to transit the Regulated Navigation Area at a speed that creates minimum wake, seven miles per hour or less, to safeguard damage to Coast Guard assets, disrupting operations, and/or injuring Coast Guard personnel. Additionally, this rulemaking will prohibit vessels from passing other vessels making way within the regulated area.
DATES: Effective December 22, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0077 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, Coast Guard at 3055354317 or by email Omar.Beceiro@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
II. Background Information and Regulatory History In October 2020, the Fisher Island Ferry Communities Association relocated its ferry terminal to the Biscayne Bay Causeway Island Slip Slip, west of the Coast Guard Base Miami Beach, Miami Beach, FL. The Slip is the primary terminal for the movement of residents, workers, and goods from Terminal Island to Fisher Island. Prior to October 2020, maritime traffic in the Biscayne Bay Causeway Island Basin Basin was limited in scope to occasional private yachts and Coast Guard assets. The addition of ferry traffic at the Slip has resulted in a substantial increase in maritime traffic in the Basin. The Basin has a length of approximately 380 yards and a width of approximately 97 yards. The increase in traffic, particularly of the Fisher Island Ferry, presents a hazard to Coast Guard assets operating in the Basin as the ferries occasionally pass within the Basin, dangerously close to Coast Guard assets. Additionally, and particularly when passing within the Basin, the ferries create a disrupting, and at times dangerous wake, adversely affecting Coast Guard routine operations and personnel. The passing maneuvers and resultant wake also create hazardous
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conditions during certain cutter operations, such as onloading and offloading of ammunition or refueling.
The Coast Guards Seventh District Commander has determined the increased ferry traffic, passing maneuvers, and resultant wake presents a safety and operational concern to Coast Guard personnel and assets moored in the Biscayne Bay Causeway Island Basin.
In response, on April 14, 2021, the Coast Guard published a notice of proposed rulemaking NPRM titled, Regulated Navigation Area: Biscayne Bay Causeway Island Slip, Miami Beach, FL 86 FR 19599. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this Regulated Navigation Area. During the comment period that ended May 14, 2021, we received 0 comments.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Coast Guards Seventh District Commander has determined that potential hazards associated with the increased maritime traffic in the Biscayne Bay Causeway Island Basin Basin, where ferries occasionally pass within the Basin dangerously close to Coast Guard assets, is a safety and operational concern. The purpose of this regulation is to ensure navigational safety, protection of Coast Guard assets and personnel, and to facilitate safe execution of Coast Guard statutory missions.
IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on the NPRM published April 14, 2021. We are making one change in the regulatory text. We discovered that the section number in the CFR, 33 CFR 165.789 is already in use. Section 165.789 contains a safety zone regulation. Therefore, we are revising the section number for this Regulated Navigation Area in the final rule regulatory text. We are deleting 165.789, and replacing it with 165.790.
This rule establishes a permanent Regulated Navigation Area that will require all persons and vessels to transit the regulated area at a speed that creates minimum wake, seven miles per hour or less, to safeguard damage to Coast Guard assets, disrupting operations, and/or injuring Coast Guard personnel.
Additionally, this rule will prohibit vessels from passing other vessels making way within the regulated area.
This Regulated Navigation Area covers
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all navigable waters within the Biscayne Bay Causeway Island Slip, immediately west of the Coast Guard Base Miami Beach, Miami Beach, FL.
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.
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.
This regulatory action determination is based on the size, and location of the Regulated Navigation area. The Regulated Navigation Area will only affect vessels entering, and passing within, the Biscayne Bay Causeway Island Slip in Miami Beach, Miami Beach, FL. Vessels will continue to operate within the Biscayne Bay Causeway Island Slip with the only restriction being the requirement to operate at speeds below seven miles per hour and avoid passing other vessels making way within the regulated area.
Moreover, upon activating the Regulated Navigation Area, the Coast Guard will notify the local maritime community through various means including, Local Notice to Mariners and Broadcast Notice to Mariners issued on VHFFM marine radio channel 16.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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 received 0 comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605b that this rule will not have a significant economic impact on a substantial number of small entities.

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