[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Proposed Rules]
[Pages 25553-25554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07704]


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

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: Notice of inquiry.

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

SUMMARY: The Coast Guard is seeking information and comments on a 
potential regulated navigation area for certain waters surrounding the 
Port of Miami. The current proposal in consideration would establish a 
slow speed zone throughout Fisherman's Channel and the Main Ship 
Channel for vessels less than 150 meters in length. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 13, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0205 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice or study, call or email Mr. David Lieberman, Seventh Coast Guard 
District (dpw), U.S. Coast Guard; telephone (571) 608-3465, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOI Notice of Inquiry
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port (COTP) Miami has determined there has been 
an increase in navigational risk in certain waterways in proximity to 
the Port of Miami as the port continues to expand and vessel traffic 
increases. On May 10th and 11th of 2023, Coast Guard Navigation Center 
(NAVCEN) and Sector Miami held a Ports and Waterways Safety Assessment 
(PAWSA) with key local stakeholders. As a result, the workshop 
identified hazards associated to the port, with the largest concern for 
navigational safety being the high speed of vessels and wake created by 
increased vessel traffic. The Coast Guard has received reports of an 
increasing number of incidents as vessel traffic has 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 
vehicle ferry. This incident resulted in the loss of life as well as 
impact to the movement of passenger and cargo vessels in the Port of 
Miami over a 12-hour period. Additionally, on February 12, 2024, a 
recreational vessel collied with an inspected passenger vessel in 
Fisherman's Channel. This incident resulted in 13 injuries. With the 
creation of a regulated navigation area the Coast Guard intends to 
reduce the navigational risk associated with high-speed vessel 
operations in a densely trafficked waterway.
    In addition to these incidents, the Port of Miami is expanding its 
cruise ship terminals and expects vessel and passenger throughput 
increases over the next several years. This increase in passenger 
service, accompanied by an increase in Liquified Natural Gas (LNG) 
bunkering operations in the port introduce a new set of operational 
risks in the area.
    These risks, in combination with the criticality of this port to 
the local and regional economy, form the basis for evaluation of 
additional measures to enhance navigation safety. The establishment of 
a regulated navigation area is expected to promote improvements to 
vessel traffic management, reduce high speed operations and enhance 
navigation safety. The current proposal in consideration would 
establish a slow speed restriction on vessels less than 150 meters 
within the Port of Miami.

III. Information Requested

    To aid us in further developing a proposed rule, we seek responses 
from waterway users to the following questions:
    (1) Do you currently transit through Fisherman's Channel or the 
Main Channel in Biscayne Bay?
    (2) How often do you transit this waterway?
    (3) Is there a specific part of either channel that you find to be 
dangerous to navigate in?
    (4) Has your vessel or other property ever been damaged as a result 
of vessel operations in this area?

[[Page 25554]]

    (5) Is there a specific speed limitation you think would help 
reduce the risk of transiting through this area?
    (6) Is there a specific part of either channel you think should 
require a reduced speed?
    (7) Is there a specific part of either channel you think should not 
require a reduced speed?
    (8) What challenges have you experienced when transiting this area 
due to increased vessel traffic?
    (9) How would a speed restriction impact your ability to safety 
operate your vessel?
    (10) Do you think other measures would be more appropriate than a 
speed restriction? If so, what measures would you propose?
    (11) Are there any other factors you think the Coast Guard should 
consider before moving forward with this rulemaking?

IV. Public Participation and Request for Comments

    We encourage you to submit comments in response to this NOI through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0205 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. In your submission, please include the docket number for this 
notice of inquiry and provide a reason for each suggestion or 
recommendation. If your material cannot be submitted using https://www.regulations.gov contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    To view documents mentioned in this proposed rule as being 
available in the docket, find the docket as described in the previous 
paragraph, and then select ``Supporting & Related Material'' in the 
Document Type column. Public comments will also be placed in our online 
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all 
comments received, but we may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive. Additionally, if 
you go to the online docket and sign up for email alerts, you will be 
notified when comments are posted or a final rule is published.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    We may hold a public meeting, if necessary, to receive oral 
comments on this Notice of Inquiry and will announce the date, time, 
and location in a separate document published in the Federal Register. 
If you signed up for docket email alerts mentioned in the paragraph 
above, you will receive an email notice when the public meeting notice 
is published and placed in the docket.
    This document is issued under authority of 5 U.S.C. 552(a) and 46 
U.S.C. 70034.

    Dated: April 8, 2024.
Nicholas C. Seniuk,
Commander, U.S. Coast Guard, Seventh Coast Guard District Waterways 
Management.
[FR Doc. 2024-07704 Filed 4-10-24; 8:45 am]
BILLING CODE 9110-04-P