[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Proposed Rules]
[Pages 31385-31387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14972]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-97-019]
RIN 2115-AE84


Regulated Navigation Area: Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent regulated 
navigation area on portions of the Miami River, and Tamiami Canal. Over 
300 freight vessels, ranging in size from 40 to 278 feet in length and 
20 to 2600 gross tons routinely operate from the Miami River and the 
Tamiami Canal. the waterway channel is well under 150 feet wide at most 
points, and as vessels are often moored several abreast into the 
waterway this can result in little room in the channel for the safe 
navigation of other vessels transiting the waterway. This regulated 
navigation area is needed to provide for an unrestricted navigation 
channel by preventing the improper mooring of vessels on affected 
portions

[[Page 31386]]

of the Miami River and the Tamiami Canal. By establishing this 
permanent regulation, the Coast Guard expects to improve navigational 
safety on the river, present marine casualties which can cause injury 
to persons, property and the environment, and ensure the river's 
continued ability to serve as a main artery for flood control.

DATES: Comments must be received on or before August 8, 1997.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast 
Guard, Marine Safety Office, P.O. Box 01-6940, Miami, FL 33131. 
Comments will become part of this docket and will be available for 
inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
LT C. A. Torres, Port Management and Response Department, USCG Marine 
Safety Office Miami at (305) 535-8744.

SUPPLEMENTARY INFORMATION:

Background and Purposes

    The proposed regulations are needed to provide for the unimpeded 
transit of vessel's along portions of the Miami River and the Tamiami 
Canal, to prevent damage to bridges and other structures or moored 
vessels, and to protect the navigable waters from harm resulting from 
improperly moored vessels in the Miami River and Tamiami Canal. The 
project channel depth is 15 feet. The width varies from 150 feet at the 
mouth of the river (at the Brickell Avenue Bridge) to 90 feet at the 
limit of navigation (South Florida Water Management District salinity 
dam). The Coast Guard believes that a significant risk exists under 
current conditions with vessels rafted too far into the waterway 
channel, thus interfering with the ability of other vessels to 
navigate. Several vessels have been told to change their moorings to 
prevent their blocking free navigation on the Miami River and Tamiami 
Canal. Furthermore, local emergency response personnel have been 
hampered in their ability to reach outboard rafted vessels during 
vessel fires and other emergencies.
    The Miami River also serves as a flood control conduit in southern 
Florida, especially during hurricanes and tropical storms. During 
periods of high water, the South Florida Water Management District may 
release water from the Everglades and surrounding areas into the river. 
Vessels that are improperly moored along the river, as when there are 
more than two vessels abreast, create a risk that the vessels may break 
loose and damage bridges or other vessels, or create obstructions which 
could jeopardize navigation and flood control. This proposed rule is 
intended to improve navigational safety on the river, and ensure the 
river's continued ability to serve as a main artery for flood control.
    The proposed regulation would not allow vessels to be rafted more 
than two abreast. Neither a single vessel nor a maximum of two rafted 
vessels will be allowed to extend greater than 54 feet into the main 
river (measured from the dock) without permission of the Captain of the 
Port. There are many mooring facilities available on the river to 
accommodate those vessels required to move because of these 
regulations. The proposed regulation will require that a minimum 
navigation channel width of 65 feet exist on the Miami River at all 
times, from the Brickell Avenue Bridge west to the Tamiami Canal. A 
minimum channel width of 45 feet shall exist at all times on the 
Tamiami Canal and on the Miami River west of its junction with the 
Tamiami Canal to the South Florida Water Management District's salinity 
dam. No moored vessels shall extend into the channels in such a way as 
to obstruct navigation. All moored and rafted vessels shall provide 
safe access from the shore in order that the vessel can be boarded by 
crew and authorities quickly and efficiently as needed.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice [CGD07-97-019], the specific section of this 
proposal to which their comments apply and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8''  x  11'' unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
The Coast Guard will consider all comments received during the comment 
period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commanding Officer, Marine Safety Office 
Miami at the address under ADDRESSES. The request should include the 
reasons why a hearing would be beneficial. If it determines that the 
opportunity for oral presentations will aid this rulemaking, the Coast 
Guard will hold a public hearing at a time and place announced by a 
notice in the Federal Register.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs 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). For the reasons expressed below in the ``small 
entities'' section, the Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures 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 small 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 proposal, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities, as there are multiple mooring facilities available on 
the Miami River and the Tamiami Canal, including facilities for vessels 
over 54 feet in width, that would not cause them to protrude into the 
main channel.

Collection of Information

    These proposed regulations contain no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that the rulemaking does not have sufficient Federalism implication to 
warrant the preparation of a Federalism Assessment.

[[Page 31387]]

Environmental Analysis

    The Coast Guard has considered the environmental impact of this 
proposal and has determined pursuant to section 2.B.2.e(34)(g) of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29, 
1994), that this proposal is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist will be prepared during the comment 
period and will be available for inspection and copying after the 
comment period for this proposed rulemaking has expired.

List of Subjects in 33 CFR Part 165

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

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposed to 
amend Subpart F of Part 165 of Title 33, Code of Federal Regulations, 
as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 
and 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A new Sec. 165.726 is added to read as follows:


Sec. 165.726  Regulated Navigation Area; Miami River, Miami, Florida.

    (a) Location. The following are Regulated Navigation Areas:
    (1) All the waters of the Miami River, Miami, Florida, from the 
Brickell Avenue Bridge, in approximate position 25 deg.-46 deg.-19.0' 
N, 080 deg.-11.4' W, inland to the South Florida Water Management 
District's salinity dam in approximate postion 25 deg.-48.4' N, 
080 deg.-15.6' W.
    (2) The Tamiami Canal from its intersection with the Miami River in 
approximate position 25 deg.-47.7' N, 080 deg.-14.7' W to the N.W. 37th 
Avenue bridge in approximate position 25-48-5' N, 080-15-5' W. All 
coordinates referenced use datum: NAD 83.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.11 of this part, no person may cause or authorize the 
operation of a vessel in a regulated navigation area contrary to this 
section.
    (1) The following restrictions apply while operating within the 
regulated navigation area, unless authorized to deviate by the Captain 
of the Port, Miami, Florida, or a Coast Guard commissioned, warrant, or 
petty officer designated by him.
    (2) All rafted vessels (inboard and outboard) must be properly 
moored in accordance with applicable municipal laws and regulations.
    (3) At not time shall any vessels be rafted more than two abreast.
    (4) Neither single nor rafted vessels shall extend greater than 54 
feet into the main river (measured from the dock) without permission of 
the Captain of the Port.
    (5) A minimum channel width of 65 feet shall be maintained at all 
times on the Miami River from the Brickell Avenue Bridge west to the 
Tamiami Canal. A minimum channel width of 45 feet shall be maintained 
at all times on the Miami River west of the junction of the Miami River 
and the Tamiami Canal to the South Florida Water Management District's 
salinity dam, as well as on the Tamiami Canal from its mouth to the 
N.W. 37th Avenue Bridge.
    (6) All moored and rafted vessels shall provide safe access from 
the shore.
    (7) All moored and rafted vessels shall provide clear and ready 
access for land-based firefighters to safely and quickly reach outboard 
rafted vessels.
    (8) No vessels shall moor or raft in any manner as to impede safe 
passage of another vessel to any of the tributaries of the Miami River.
    (9) Nothing in this section shall prohibit the U.S. Army Corps of 
Engineers from requiring the relocation or movement of vessels in a 
declared flood emergency.
    (c) Enforcement. Violations of this regulated navigation area 
should be reported to the Captain of the Port, Miami. Persons in 
violation of this section will be subject to civil penalty under 
Sec. 165.13(b) of this part.

    Dated: May 12, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
'District.
[FR Doc. 97-14972 Filed 6-6-97; 8:45 am]
BILLING CODE 4910-14-M