Safety Zone; Red Bull Flugtag, Intercoastal Waterway, Biscayne Bay, Miami, FL

Issuing agencies

Abstract

The Coast Guard is proposing to establish a temporary safety zone for certain navigable waters on the Intercoastal Waterway portion of Biscayne Bay in Miami, FL. The safety zone is needed to protect spectators, vessels, and the marine environment from potential hazards associated with event proceedings. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector Miami. We invite your comments on this proposed rulemaking.

Full Text

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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Proposed Rules]
[Pages 63515-63516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20491]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1057]
RIN 1625-AA00


Safety Zone; Red Bull Flugtag, Intercoastal Waterway, Biscayne 
Bay, Miami, FL

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters on the Intercoastal Waterway portion 
of Biscayne Bay in Miami, FL. The safety zone is needed to protect 
spectators, vessels, and the marine environment from potential hazards 
associated with event proceedings. This proposed rulemaking would 
prohibit persons and vessels from being in the safety zone unless 
specifically authorized by the Captain of the Port, Sector Miami. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 21, 2026.

ADDRESSES: To submit comments and view available documents, go to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1057.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, contact MST2 Elliot Cortes, Sector Miami Waterways 
Management Division, U.S. Coast Guard; telephone 786-295-9051, or email 
<a href="/cdn-cgi/l/email-protection#63300600170c112e0a020e0a340217061114021a1023161000044d0e0a0f"><span class="__cf_email__" data-cfemail="31625452455e437c58505c5866504554434650484271444252561f5c585d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background and Authority

    On May 21, 2026, Red Bull North America notified the Coast Guard 
that they will be hosting a homemade flying machine contest. Thirty 
teams will build crafts that cannot use stored energy for flight. They 
will launch off a 22 feet deck built above the water to see how far 
they can fly on the intercoastal waters of Biscayne Bay, Miami, FL on 
October 31st from 10 a.m. to 5 p.m. Hazards from the flying machines 
breaking apart mid-flight or debris drifting unpredictably threaten 
persons, vessels, and the marine environment. The Captain of the Port 
Sector Miami (COTP) has determined that potential hazards associated 
with event are a safety concern for anyone within 200 feet. Therefore, 
the COTP is proposing this rule under the authority in 46 U.S.C. 70034, 
which is needed to protect spectators, vessels, and the marine 
environment in the navigable waters within the safety zone.

III. Discussion of the Rule

    This proposed rule would establish a safety zone from 10 a.m. until 
5 p.m. on October 31, 2026. The safety zone would cover all navigable 
waters within 200 feet of the event stage. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or their designated representative. 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.

A. 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. Section 605 of the RFA allows an agency to certify a rule, in 
lieu of preparing an analysis, if the rulemaking is not expected to 
have a significant economic impact on a substantial number of small 
entities. 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 for the following reasons.
    Vessel traffic will be able to safely transit around this regulated 
area. This regulation will only impact a small area for a few hours. 
The enforcement period is during a time when vessel traffic is higher 
than normal. In addition, the Coast Guard will issue a Broadcast Notice 
to Marines via VHF FM marine channel 16, which will allow small 
entities to adjust their transit plans.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions, contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section. Small businesses may send comments to the 
Small Business and Agriculture Regulatory Enforcement Ombudsman and the 
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247).

B. Collection of Information

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

[[Page 63516]]

C. Federalism and Indian Tribal Governments

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that it is consistent with the 
fundamental federalism principles and preemption requirements described 
in that Order.
    Also, this proposed 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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this proposed rule will not 
result in an annual expenditure of $100,000,000 or more (adjusted for 
inflation) by a State, local, or tribal government, in the aggregate, 
or by the private sector.

E. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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 proposed rule is a safety zone. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this will be in the docket.

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.
    Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2026-1057 in the search box and click ``Search.'' Next, look for 
this document in the Search Results column, and click on it. Then click 
on the Comment option. If you cannot submit your material by using 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR 
FURTHER INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in the docket. To view available documents, find 
the docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. We will 
post public comments in our online docket. Additional information is on 
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.4.

0
2. Add Sec.  165.T07-1057 to read as follows:


Sec.  165.T07-1057  Safety Zone; Bayfront Park, Miami, FL

    (a) Location. The following area is a safety zone: All waters of 
Biscayne Bay, from surface to bottom, encompassed by a line connecting 
the following points beginning at 25[deg]46.56174' N, 80[deg]11.00034' 
W, thence to 25[deg]46.33974' N, 80[deg]10.9881' W, thence to 
25[deg]46.31904' N, 80[deg]11.09454' W, thence to 25[deg]46.52172' N, 
80[deg]11.09376' W. These coordinates are based on the World Geodetic 
System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Miami (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 16 or by telephone at (305) 535-4472. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
to 5 p.m. on October 31, 2026.

F.J. Florio,
Captain, U.S. Coast Guard, Captain of the Port Sector Miami.
[FR Doc. 2026-20491 Filed 10-5-26; 8:45 am]
BILLING CODE 9110-04-P


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