Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50511

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. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A temporary section 165T.13–022

is added to read as follows:

§ 165.T13–022 Safety Zone;

Commencement Bay, Tacoma, WA.

(a) Location. The following area is a

safety zone: All waters of

Commencement Bay, Tacoma, WA,

bounded by a line commencing at

position latitude 47°15′49′′ N, longitude

122°26′00′′ W; thence to position

latitude 47°16′24′′ N, longitude

122°26′19′′ W; thence to position

latitude 47°17′23′′ N, longitude

122°28′40′′ W; thence to position

latitude 47°17′00′′ N, longitude

122°29′00′′ W; thence along the shore of

Commencement Bay to position latitude

47°15′41′′ N, longitude 122°26′21′′ W;

thence returning across the mouth of the

Thea Foss Waterway to the point of

origin. This safety zone resembles a

rectangle measuring approximately 2.4

miles along the shoreline and extending

approximately 800 yards into

Commencement Bay. [Datum: NAD 83]

(b) Regulations. In accordance with

the general regulations in 165.23 of this

part, no person or vessel may enter or

remain in this zone, except for

participants in the event, supporting

personnel, vessels registered with the

event organizer, or other vessels

authorized by the Captain of the Port or

his designated representatives.

(c) Effective dates. This section is

effective on September 28, 1997, at

12:30 p.m. (PDT) and terminates on

September 28, 1997, at 3:30 p.m., unless

sooner terminated by the Captain of the

Port.

Dated: September 18, 1997.

M.S. Boothe,

Captain, U.S. Coast Guard, Captain of the

Port Puget Sound.

[FR Doc. 97–25597 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

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.

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
50512 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

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 § 165.726 is added to read

as follows:

§ 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°–46.19′ N, 80°–11.4′ W, inland to the

South Florida Water Management

District’s salinity dam in approximate

position 25°–48.4′ N, 80°–15.6′ W.

(2) The Tamiami Canal from its

intersection with the Miami river in

approximate position 25°47.7′ N,

80°14.7′ W to the N.W. 37th Avenue

bridge in approximate position 25°48.5′

N, 80°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 landbased 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 § 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]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MI12–01–7266; FRL–5898–2]

Approval and Promulgation of

Implementation Plan; Michigan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On June 12, 1997, the

Environmental Protection Agency (EPA)

published an action of proposed

rulemaking discussing its decision to

approve a revision to the Michigan State

Implementation Plan (SIP) to grant an

exemption for the Muskegon County

ozone nonattainment area from the

applicable Oxides of Nitrogen (NOX)

transportation conformity requirements.

See Federal Register (62 FR 32058). No

comments were received by the EPA

during the 30-day comment period. This

rule finalizes EPA’s decision to approve

the exemption for Muskegon County,

moderate ozone nonattainment area,

from the transportation conformity

requirements for NOX. The Michigan

SIP revision request is based on the

urban airshed modeling (UAM)

conducted for the attainment

demonstration for the Lake Michigan

Ozone Study (LMOS) modeling domain.

Additional information is available at

the address indicated below.