[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14636-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7732]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP MIAMI-97-009]
RIN 2115-AA97


Safety Zone Regulations; Government Cut, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone, in 
the vicinity of Government Cut, Miami, FL. The safety zone is needed to 
ensure the safety of mariners as well as the construction crew involved 
in drilling operations associated with the replacement of sewage lines 
buried beneath Government Cut. Entry into this zone by vessels 280 feet 
in length or larger is prohibited, unless specifically authorized by 
the Captain of the Port.

EFFECTIVE DATES: Effective dates and times are as follows. All times 
are local Eastern Standard Time or Eastern Daylight Savings Time, as 
appropriate. The regulations will be in effect from 6 p.m. on March 18, 
1997 to 6 a.m. to March 19, 1997; from 6 p.m. on March 25, 1997 to 6 
a.m. on March 26, 1997; from 6 p.m. on April 1, 1997 to 6 a.m. on April 
2, 1997.

FOR FURTHER INFORMATION CONTACT: LT Carlos A. Torres, Coast Guard 
Marine Safety Office Miami, at (305) 535-8744.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Miami-Dade Water and Sewer Department is proposing to construct 
a new 60'' sanitary sewer force main under Government Cut. The proposed 
construction technique is microtunneling. This technique will allow the 
force main to be built as a tunnel, thereby minimizing future 
disruption of marine traffic in Government Cut. The project consists of 
10 geotechnical borings, 90 feet in depth, in alignment between south 
Miami Beach, FL and Fisher Island, FL. This safety zone is established 
in the Port of Miami's Government Cut navigation channel, and consists 
of the area west of buoy #14 and east of buoy #16. The safety zone is 
needed to ensure the safety of mariners as well as construction crew 
involved in drilling operations associated with the replacement of 
sewage lines buried beneath Government Cut. Entry into this safety zone 
for vessels 280 feet in length or larger is prohibited, unless 
specifically authorized by the Captain of the Port.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Less than 60 days advance notice was provided to the Coast Guard 
concerning the planned drilling operations. Publishing a NPRM and 
delaying its effective date would be contrary to the public interest 
since immediate action is needed to ensure the safe development of the 
project.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs

[[Page 14637]]

and benefits under section 6(a)(3) of that order. It has been exempted 
from review by the Office of Management and Budget under that order. It 
is not significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; February 26, 1979). 
The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedure of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
Entities'' include independently owned and operated businesses that are 
not dominant in their field and that otherwise qualify as ``small 
business concerns'' under section 3 of the Small Business Act (15 
U.S.C. 632).
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a 
significant economic impact on a substantial number of small entities 
because the regulations will only affect larger vessels for three 
nights in a limited area.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2(34)(g) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. An environmental analysis checklist and 
categorical exclusion determination have been completed and have been 
filed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

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

Safety Zone Regulation

    In consideration of the foregoing, the Coast Guard amends 33 CFR 
Part 165 as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-009 is added to read as follows:


Sec. 165.T07-009   Safety Zone; Government Cut, Miami, Florida

    (a) Location. The following area is a Safety Zone: Waters within 
Government Cut channel west of buoy #14 and east of buoy #16.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone by vessels 280 feet in 
length or larger is prohibited except as authorized by the Captain of 
the Port. The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).
    (c) Effective dates. This section becomes effective from 6 p.m. on 
March 18, 1997 to 6 a.m. on March 19, 1997, and again from 6 p.m. on 
March 25, 1997 to 6 a.m. on March 26, 1997, and again from 6 p.m. on 
April 1, 1997 to 6 a.m. on April 2, 1997.

    Dated: March 13, 1997.
D.F. Miller,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 97-7732 Filed 3-26-97; 8:45 am]
BILLING CODE 4910-14-M