Rule2024-31268
Regulated Navigation Area; Port of Miami, Miami, FL
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 30, 2024
Effective
January 29, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a regulated navigation area for certain waters surrounding the Port of Miami. This action is necessary to enhance the protection of high-risk vessel and port operations while reducing navigational hazards to waterway users and mariners by controlling vessel speeds. This rule will establish a slow speed zone throughout Fisherman's Channel and the Main Ship Channel for vessels less than 50 meters in length.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106320-106322]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31268]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
for certain waters surrounding the Port of Miami. This action is
necessary to enhance the protection of high-risk vessel and port
operations while reducing navigational hazards to waterway users and
mariners by controlling vessel speeds. This rule will establish a slow
speed zone throughout Fisherman's Channel and the Main Ship Channel for
vessels less than 50 meters in length.
DATES: This rule is effective January 29, 2025.
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-
2024-0205 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 about this rule,
call or email Mr. David Lieberman, District 7 Dpw, U.S. Coast Guard;
telephone (206) 827-3637, email <a href="/cdn-cgi/l/email-protection#c682a7b0afa2e88ae88aafa3a4a3b4aba7a8f486b3b5a5a1e8abafaa"><span class="__cf_email__" data-cfemail="d591b4a3bcb1fb99fb99bcb0b7b0a7b8b4bbe795a0a6b6b2fbb8bcb9">[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
NOI Notice of Intent
[[Page 106321]]
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 Information and Regulatory History
The Captain of the Port (COTP) Miami has determined that the Port
of Miami is at increased navigational risk as the port continues to
expand and vessel traffic increases. On May 10-11, 2023, Coast Guard
Navigation Center (NAVCEN) and Sector Miami conducted a Ports and
Waterways Safety Assessment (PAWSA) with key stakeholders of the Port
of Miami. The core finding of workshop participants was the presence of
increased hazards to navigational safety in the Port of Miami created
by high-speed vessel operations and the resulting large and damaging
wakes they often introduce into the congested and geographically
confined waterway. Over the last few years, a growing number of near
misses prompted concern for the safety of life as both the volume of
vessel traffic and speeds of vessels 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 person and seriously injuring another. The incident
not only resulted in the tragic loss of life but also caused a
significant disruption of 30,000 cruise ship passengers and cargo
movements within the Port of Miami for over 12 hours. Additionally, on
February 12, 2024, a recreational vessel collied with an inspected
passenger 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 (RNA) 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.
On April 11, 2024, under docket USCG-2024-0205, the Coast Guard
published a Notice of Intent (NOI) entitled Regulated Navigation Area;
Port of Miami, Miami, FL in the Federal Register (89 FR 25553) seeking
comments on a potential RNA around the Port of Miami. The Coast Guard
received 47 comments that had a predominantly positive tone.
On August 28, 2024, under docket USCG-2024-0205, the Coast Guard
published a Notice of Proposed Rulemaking (NPRM) entitled Regulated
Navigation Area; Port of Miami, Miami, FL in the Federal Register (89
FR 68843). The NPRM provided official notice of the proposed RNA and
invited comment on the proposed regulatory action. The comment period
ended on September 28, 2024, with 32 comments received that reflected a
predominantly positive tone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP Miami has determined the potential hazards
associated with increased vessel traffic and wake created by vessels
transiting at high speeds poses a concern for navigational safety
surrounding the Port of Miami. 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 Natural Gas (LNG) powered cruise ships and cargo vessels
resulting in an increase of hazardous bunkering operations within the
port. The existing security risk associated with the Port of Miami is
already high and this expansion only increases that risk. Establishing
the RNA will reduce the speed of vessels and 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. The purpose of
this rule is to ensure safe navigation and promote the safety of life
at sea.
IV. Discussion of Comments, Changes, and the Rule
There are no changes in the regulatory text of this rule from the
proposed language in the NPRM. This rule establishes an RNA for certain
waters surrounding the Port of Miami. This rule will establish a slow
speed zone throughout Fisherman's Channel and the Main Ship Channel for
vessels less than 50 meters in length. This action is necessary to
provide for the safety of life by enhancing the protection of increased
high-risk vessel traffic while reducing the navigational hazards to the
mariners who operate throughout the port.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration and time of day of the regulated 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 received no comments from the Small Business
Administration on this rulemaking. 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.
C. Collection of Information
This rule will 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
[[Page 106322]]
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 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.
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 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 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 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.
It is 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 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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 before the center heading ``Eighth Coast Guard
District'' 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. The coordinates used in
this paragraph are based on the World Geodetic System (WGS) 1984.
(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.
(e) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP via the Coast
Guard Sector Miami Command Center via VHF channel 16, by phone at 305-
535-4472, or by email at <a href="/cdn-cgi/l/email-protection#3c6f595f48534e71555d51556b5d48594e4b5d454f7c494f5f5b12515550"><span class="__cf_email__" data-cfemail="085b6d6b7c677a45616965615f697c6d7a7f69717b487d7b6b6f26656164">[email protected]</span></a>.
Dated: December 20, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2024-31268 Filed 12-27-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 30, 2024.
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