Rule2024-30598
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
December 27, 2024
Effective
December 27, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is changing the existing Port of Miami fixed security zone regulation that encompasses certain navigable waters of the Miami Main Channel in Miami, FL. The change is designed to extend the existing fixed security zone eastward along the Miami Main Channel. The extension was established to include the new cruise ship terminal at the Port of Miami added in December 2024. This action extends existing fixed security zone approximately 840 yards eastward along the Miami Main Channel.
Full Text
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<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105454-105456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30598]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the existing Port of Miami fixed
security zone regulation that encompasses certain navigable waters of
the Miami Main Channel in Miami, FL. The change is designed to extend
the existing fixed security zone eastward along the Miami Main Channel.
The extension was established to include the new cruise ship terminal
at the Port of Miami added in December 2024. This action extends
existing fixed security zone approximately 840 yards eastward along the
Miami Main Channel.
DATES: This rule is effective December 27, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Guerschom Etienne, Waterways Management
Division Chief, U.S. Coast Guard; telephone (305) 535-4307, email
<a href="/cdn-cgi/l/email-protection#adead8c8dfdecec5c2c083e8d9c4c8c3c3c8edd8dececa83c0c4c1"><span class="__cf_email__" data-cfemail="c384b6a6b1b0a0abacaeed86b7aaa6adada683b6b0a0a4edaeaaaf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 105455]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
ICW Intercoastal Waterway
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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. The Captain of the Port (COTP)
Miami identified a need to amend the existing security zone to address
the Port of Miami's cruise ship terminal expansion. In response, on
August 16, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Security Zone; Port of Miami'' (87 FR
50278). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this security zone. During
the comment period that ended September 15, 2022, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest.
This rule must be immediately effective to guard against potential
security concerns associated with the new cruise ship terminal at the
Port of Miami which was added in December 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70051 and 70124. The Captain of the Port Miami (COTP) has
determined it is necessary to extend the existing Port of Miami fixed
security zone eastward approximately 840 yards to cover all navigable
waters in the Main Ship Channel from approximately Watson Island to
just west of the Biscayne Bay Pilots Station.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 16, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends an established fixed security zone that
encompasses all waters in the Main Ship Channel from approximately Star
Island to just west of the Biscayne Bay Pilots Station. The fixed
security zone is in effect when two or more passenger vessels, vessels
carrying cargoes of particular hazard, or vessels carrying LHG, enter
or moor within this zone.
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. Persons and vessels may transit the Miami Main Channel
when only one passenger vessel, one vessel carrying cargoes of
particular hazard or one vessel carrying LHG is berthed. The public
will be able to reach law enforcement vessels via VHF-FM marine channel
16.
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 limited nature
of the security zone, specifically: persons and vessels may transit the
Miami Main Channel when less than two passenger vessel is berthed, less
than two vessel carrying cargoes of hazard, or vessel carrying LHG is
berthed in the channel. Additionally, persons and vessels may operate
within the security zone when authorized by Captain of the Port of
Miami or a designated representative.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This 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 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 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.
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
[[Page 105456]]
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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this 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
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 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.
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.
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 amending
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. 01.3.
0
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 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).
* * * * *
C.R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2024-30598 Filed 12-26-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 27, 2024.
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