[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68843-68845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19379]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a regulated 
navigation area for certain waters surrounding the Port of Miami. This 
action is necessary to provide for the safety of life and promote 
national security by enhancing the protection of increased high-risk 
vessel traffic and reducing the navigational hazards of the mariners 
who operate throughout the port. This rulemaking would establish a slow 
speed zone throughout Fisherman's Channel and the Main Ship Channel for 
vessels less than 50 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 September 27, 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 
proposed rulemaking, call or email LT Stephanie Miranda, District 7 
Dpw, U.S. Coast Guard; telephone (571) 610-4432, email 
[email protected].

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
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, Purpose, and Legal Basis

    The Captain of the Port (COTP) Miami has determined that there has 
been an increase in navigational risk associated to the Port of Miami 
as the port continues to expand and vessel traffic increase. 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 stakeholders of the Port of Miami. 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. Over the last few years, a growing number of 
near misses prompts concern for the safety of life as vessel traffic 
volume and vessel speeds 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 and seriously injuring a second. The incident not only resulted in 
the loss of life but in the disruption of 30,000 cruise ship passengers 
and critical cargo movements in the Port of Miami for over 12 hours. 
Additionally, on February 12, 2024 a recreational vessel collied with 
an inspected charter 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 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.
    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 National Gas (LNG) 
powered cruise ships and cargo vessels resulting in an increase of 
hazardous bunkering operations within the port. The existing national 
security risk associated with the Port of Miami is already high and 
this expansion only increased that risk. The establishment of an RNA 
reducing the speed of vessels will 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.
    This rulemaking would establish a slow speed restriction on vessels 
less than 50 meters within the Port of

[[Page 68844]]

Miami. The purpose of this rulemaking is protecting the public, port, 
law enforcement officials and the waterways of the United States from 
potential subversive acts and navigational hazards associated with the 
high vessel traffic volume experienced within the Port of Miami. The 
Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 
70034.

III. Discussion of Proposed Rule

    The Coast Guard's is proposing to establish a permanent regulated 
navigation area that would require vessels 50 meters or less to transit 
the regulated area at a slow speed that creates minimum wake to reduce 
damage and the navigational hazards associated with the Port of Miami 
shipping channels around Dodge Island. This regulated navigation area 
covers the waters of Fisherman's Channel, the Main ship channel, and 
Moley channel surrounding Dodge Island and Biscayne Bay Causeway 
Island.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM 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, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size and 
location of the regulated navigation 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in section IV. A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rulemaking would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 power and responsibilities among the various levels 
of government. We have analyzed this proposed 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 proposed rule does not have Tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed 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. 
Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a

[[Page 68845]]

significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments 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. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. 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. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. 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 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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 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.
    (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.

    Dated: August 17, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2024-19379 Filed 8-27-24; 8:45 am]
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