Proposed Rule2024-19379
Regulated Navigation Area; Port of Miami, Miami, FL
Primary source
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Published
August 28, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a regulated navigation area for certain waters surrounding the Port of Miami. This action is necessary to provide for the safety of life and promote national security by enhancing the protection of increased high-risk vessel traffic and reducing the navigational hazards of the mariners who operate throughout the port. This rulemaking would establish a slow speed zone throughout Fisherman's Channel and the Main Ship Channel for vessels less than 50 meters in length. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
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[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68843-68845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19379]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0205]
RIN 1625-AA11
Regulated Navigation Area; Port of Miami, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a regulated
navigation area for certain waters surrounding the Port of Miami. This
action is necessary to provide for the safety of life and promote
national security by enhancing the protection of increased high-risk
vessel traffic and reducing the navigational hazards of the mariners
who operate throughout the port. This rulemaking would establish a slow
speed zone throughout Fisherman's Channel and the Main Ship Channel for
vessels less than 50 meters in length. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 27, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0205 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 LT Stephanie Miranda, District 7
Dpw, U.S. Coast Guard; telephone (571) 610-4432, email
<a href="/cdn-cgi/l/email-protection#88dbfcedf8e0e9e6e1eda6c4d8a6c5e1fae9e6ece9c8fdfbebefa6e5e1e4"><span class="__cf_email__" data-cfemail="80d3f4e5f0e8e1eee9e5aeccd0aecde9f2e1eee4e1c0f5f3e3e7aeede9ec">[email 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
LNG Liquified Natural Gas
NAVCEN Coast Guard Navigation Center
NPRM Notice of proposed rulemaking
PAWSA Port and Waterways Safety Assessment
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Captain of the Port (COTP) Miami has determined that there has
been an increase in navigational risk associated to the Port of Miami
as the port continues to expand and vessel traffic increase. On May
10th and 11th of 2023, Coast Guard Navigation Center (NAVCEN) and
Sector Miami held a Ports and Waterways Safety Assessment (PAWSA) with
key stakeholders of the Port of Miami. As a result, the workshop
identified hazards associated to the port with the largest concern for
navigational safety being the high speed of vessels and wake created by
increased vessel traffic. Over the last few years, a growing number of
near misses prompts concern for the safety of life as vessel traffic
volume and vessel speeds have increased. On June 25, 2023, around 3:30
a.m. a recreational vessel, traveling at a high rate of speed through
the Main ship channel, collided with a crossing vehicle ferry, killing
one and seriously injuring a second. The incident not only resulted in
the loss of life but in the disruption of 30,000 cruise ship passengers
and critical cargo movements in the Port of Miami for over 12 hours.
Additionally, on February 12, 2024 a recreational vessel collied with
an inspected charter vessel in a critical point of Fisherman's Channel.
This incident resulted in 13 injuries with one person in critical
condition. This regulated navigation area will reduce the navigational
risk associated with one of the world's largest ports, reduce the loss
of life, and mitigate the chance of disruption to port operations.
In addition, the Port of Miami is expanding its cruise ship
terminals and will soon be the largest cruise ship port in the World,
moving tens of thousands of passengers every day. With this, the Port
of Miami also experienced an increase in Liquified National Gas (LNG)
powered cruise ships and cargo vessels resulting in an increase of
hazardous bunkering operations within the port. The existing national
security risk associated with the Port of Miami is already high and
this expansion only increased that risk. The establishment of an RNA
reducing the speed of vessels will aid law enforcement officials in
monitoring vessel traffic, as vessels not complying with slow speed
zones will quickly draw attention, giving law enforcement officials
more time to assess the situation and take appropriate action to
protect vessels within the port and port facilities.
This rulemaking would establish a slow speed restriction on vessels
less than 50 meters within the Port of
[[Page 68844]]
Miami. The purpose of this rulemaking is protecting the public, port,
law enforcement officials and the waterways of the United States from
potential subversive acts and navigational hazards associated with the
high vessel traffic volume experienced within the Port of Miami. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The Coast Guard's is proposing to establish a permanent regulated
navigation area that would require vessels 50 meters or less to transit
the regulated area at a slow speed that creates minimum wake to reduce
damage and the navigational hazards associated with the Port of Miami
shipping channels around Dodge Island. This regulated navigation area
covers the waters of Fisherman's Channel, the Main ship channel, and
Moley channel surrounding Dodge Island and Biscayne Bay Causeway
Island.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM 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 Main ship
channel, Fisherman's channel and Meloy channel. Vessels may continue to
operate within the regulated navigation area with the only restriction
being the requirement to operate at slow speeds and not create an
excessive wake. 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 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
regulated navigation area 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 rulemaking 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 a
regulated navigation area requiring vessels 50 meters or less to
transit the regulated area at a slow speed that creates minimum wake.
Normally such actions are categorically excluded from further review
under paragraph L[60a] 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
[[Page 68845]]
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-2024-0205 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. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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
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. 01.3.
0
2. Add Sec. 165.792 to read as follows:
Sec. 165.792 Regulated navigation area; Port of Miami, Miami,
Florida.
(a) Location. The following area is a regulated navigation area
(RNA): All waters of the Port of Miami, from Fisherman's Channel
Daybeacon 16 at 25[deg]46.40' N, 080[deg]10.84' W proceeding
southeasterly through Fisherman's Channel south of Dodge Island to
Miami Main Channel Light 15 at 25[deg]45.86' N, 080[deg]08.24' W in
Government Cut, thence northwesterly through the Main ship channel
north of Dodge Island to Biscayne Bay Light 50 at 25[deg]46.90' N,
080[deg]10.88' W. Additionally, the Meloy channel from Miami Main
Channel Lighted Buoy 16 at 25[deg]46.04' N, 080[deg]08.41' W proceeding
northwesterly to the MacArthur Causeway bridge.
(b) Definitions. As used in this section, slow speed means the
speed at which a vessel proceeds when it is fully off plane, completely
settled in the water and not creating excessive wake. Due to the
different speeds at which vessels of different sizes and configurations
may travel while in compliance with this definition, no specific speed
is assigned to slow speed. A vessel is not proceeding at slow speed if
it is:
(1) On plane;
(2) In the process of coming up on or coming off plane; or
(3) Creating an excessive wake.
(c) Regulations. Vessels less than 50 meters entering and
transiting through the regulated navigation area shall proceed at a
slow speed. Nothing in this section alleviates vessels or operators
from complying with all State and local laws in the area including
manatee slow speed zones. Nor should anything in this section be
construed as conflicting with the requirement to operate at safe speed
under the Inland Navigation Rules, (33 CFR chapter I, subchapter E).
(d) Enforcement. The Coast Guard may be assisted in the patrol and
enforcement of the Regulated Navigation Area by other Federal, State,
and local agencies.
Dated: August 17, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2024-19379 Filed 8-27-24; 8:45 am]
BILLING CODE 9110-04-P
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