[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50511-50512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25600]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 of the Miami River and the Tamiami Canal. By establishing this 
permanent regulation, the Coast Guard expects to improve navigational 
safety on the river, prevent 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: This Regulated Navigation Area is effective October 27, 1997.

FOR FURTHER INFORMATION CONTACT: LCDR S.M. Hanewich, Port Management 
and Response Department, USCG Marine Safety Office Miami at (305) 535-
8764.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rulemaking concerning this Regulated 
Navigation Area on the Miami River, was published in the Federal 
Register on June 9, 1997 (62 FR 31385). No comments were received 
during the comment period.

Background and Purpose

    These regulations are needed to provide for the unimpeded transit 
of vessels 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 that vessels rafted 
too far into the waterway channel interfere with the ability of other 
vessels to navigate. 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 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.
    These regulations 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. These regulations 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.

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 50512]]

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 procedures of DOT is unnecessary as there are 
numerous available moorings on the Miami River and Tamiami Canal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will 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.

Collection of Information

    These 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.

Environmental Analysis

    The Coast Guard has considered the environmental impact of this 
action 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 action is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist have been prepared and are available 
in the docket for inspection and copying.

List of Subjects in 33 CFR Part 165

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

Final Regulations

    In consideration of the foregoing, the Coast Guard amends 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 Areas; 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.-46.19' N, 
80 deg.-11.4' W, inland to the South Florida Water Management 
District's salinity dam in approximate position 25 deg.-48.4' N, 
80 deg.-15.6' W.
    (2) The Tamiami Canal from its intersection with the Miami river in 
approximate position 25 deg.47.7' N, 80 deg.14.7' W to the N.W. 37th 
Avenue bridge in approximate position 25 deg.48.5' N, 80 deg.15.5' W. 
All coordinates referenced use datum: NAD 83.
    (b) Regulations. The restrictions in this paragraph apply to 
vessels operating within the regulated navigation areas in paragraph 
(a) of this section unless authorized to deviate by the Captain of the 
Port, Miami, Florida, or a Coast Guard commissioned, warrant, or petty 
officer designated by him.
    (1) All rafted vessels (inboard and outboard) must be properly 
moored in accordance with applicable municipal laws and regulations.
    (2) At no time shall any vessels be rafted more than two abreast.
    (3) 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.
    (4) 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.
    (5) All moored and rafted vessels shall provide safe access from 
the shore.
    (6) All moored and rafted vessels shall provide clear and ready 
access for land-based firefighters to safely and quickly reach outboard 
rafted vessels.
    (7) 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.
    (8) Nothing in these regulations 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 these regulated navigation areas 
should be reported to the Captain of the Port, Miami. Persons in 
violation of these regulations will be subject to civil penalty under 
Sec. 165.13(b) of this part.

    Dated: September 18, 1997.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-25600 Filed 9-25-97; 8:45 am]
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