Proposed Rule2022-17458
Security Zone; Port of Miami, Florida
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to change the existing Port of Miami fixed security zone regulation that encompasses certain navigable waters of the Miami Main Channel in Miami, FL. The proposed change is designed to extend the existing security zone eastward. The extension is needed to include future cruise ship terminals at the Port of Miami. This proposed action would extend the existing fixed security zone approximately 840 yards eastward along the Miami Main Channel. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50278-50280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17458]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0058]
RIN 1625-AA87
Security Zone; Port of Miami, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the existing Port of
Miami fixed security zone regulation that encompasses certain navigable
waters of the Miami Main Channel in Miami, FL. The proposed change is
designed to extend the existing security zone eastward. The extension
is needed to include future cruise ship terminals at the Port of Miami.
This proposed action would extend the existing fixed security zone
approximately 840 yards eastward along the Miami Main Channel. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 15, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0058 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Ben Adrien, Waterways
Management Division Chief, U.S. Coast Guard; telephone (305) 535-4307,
email <a href="/cdn-cgi/l/email-protection#490b2c272328242027670d67082d3b202c27093c3a2a2e67242025"><span class="__cf_email__" data-cfemail="185a7d767279757176365c36597c6a717d76586d6b7b7f36757174">[email protected]</span></a>.
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
On January 23, 2003, the Coast Guard published a final rule
entitled, ``Security Zones; Port of Palm Beach, Port Everglades, Port
of Miami, and Port of Key West, Florida'' in the Federal Register \1\
to protect the public, ports, and waterways of the Port of Palm Beah,
Port Everglades, and the Port of Miami, against potential subversive
acts. The existing fixed security zone described in 33 CFR
165.760(b)(2), for the Port of Miami, encompasses all waters between
Watson Island and Star Island from the MacArthur Causeway south to Port
of Miami. The Port of Miami is undergoing an expansion project that
will create new cruise ship terminals at the eastern end of the Port
and outside the existing security zone.
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\1\ 68 FR 3189.
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The proposed rule would make changes to the existing fixed security
zone for the Port of Miami, described in Sec. 165.760(b)(2), by
extending the zone by approximately 840 yards eastward along the Miami
Main Channel to just west of the Biscayne Bay Pilots Station. This
proposed change is intended to protect the public, ports and waterways
of the Port of Miami against potential subversive acts The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to extend the existing Port of Miami
fixed security zone eastward approximately 840 yards. The extension
would cover all navigable waters in the Main Ship Channel from
approximately Star Island to just west of the Biscayne Bay Pilots
Station. The extension would carry the same regulations described in
Sec. 165.760, which goes into effect when two or more passenger
vessels, vessels carrying cargoes of particular hazard, or vessels
carrying liquefied hazardous gas (LHG), enter or moor within this zone.
When the security zone is in effect, persons and vessels would not be
allowed to enter or transit the security zone along the Miami Main
Channel, unless authorized by Captain of the Port of Miami or a
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, 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 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).
This regulatory action determination is based on three specific
factors: (1) persons and vessels may transit the Miami Main Channel
when only one passenger vessel is berthed in the channel, one vessel
carrying cargoes of particular hazard is berthed in the channel, or one
vessel carrying LHG is berthed in the channel; (2) persons and vessels
may operate within the security zone when authorized by Captain of the
Port of Miami or a designated representative; and (3) mariners will be
notified of the fixed security zone extension through the Local Notice
to Mainers.
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.
[[Page 50279]]
While some owners or operators of vessels intending to transit the
safety 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 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), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under 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 potential effects of
this proposed rule elsewhere in this preamble.
F. 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. 4321-4370f), 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 increasing
the size of an existing security zone along the Miami Main Channel.
Such actions are 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 preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal 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-2022-0058 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 docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
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 Record
keeping 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
[[Page 50280]]
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2. In Sec. 165.760, revise paragraph (b)(2) to read as follows:
Sec. 165.760 Security Zones; Port of Palm Beach, Port Everglades, and
Port of Miami, Florida.
* * * * *
(b) * * *
(2) Fixed security zone in Port of Miami, Florida. A fixed security
zone encompassing all navigable waters within the Miami Main Channel
between Star Island to just west of the Biscayne Bay Pilots Station.
The security zone is formed by an imaginary line starting at the
northwest corner in position 25[deg]46.33' N, 080[deg]09.16' W; thence
in an easterly direction to the northeast corner in position
25[deg]46.17' N, 080[deg]08.77' W; thence in a southerly direction to
the southeast corner in position 25[deg]46.04' N, 080[deg]08.75' W;
thence in a northwesterly direction to the southwest corner in position
25[deg]46.23' N, 080[deg]09.16' W, thence in a northerly direction back
to the northwest corner.
(i) When the security zone is in effect, persons and vessels shall
not enter or transit the security zone along the Miami Main Channel
unless authorized by Captain of the Port of Miami or a designated
representative.
(ii) Persons and vessels may transit the Miami Main Channel when
only one passenger vessel is berthed in the channel, one vessel
carrying cargoes of particular hazard is berthed in the channel, or one
vessel carrying LHG is berthed in the channel.
(iii) Law enforcement vessels can be contacted on VHF Marine Band
Radio, Channel 16 (156.8 MHz).
* * * * *
Dated: August 2, 2022.
C.R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-17458 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P
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