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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106320-106322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31268]

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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: Final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
for certain waters surrounding the Port of Miami. This action is 
necessary to enhance the protection of high-risk vessel and port 
operations while reducing navigational hazards to waterway users and 
mariners by controlling vessel speeds. This rule will establish a slow 
speed zone throughout Fisherman's Channel and the Main Ship Channel for 
vessels less than 50 meters in length.

DATES: This rule is effective January 29, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0205 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Mr. David Lieberman, District 7 Dpw, U.S. Coast Guard; 
telephone (206) 827-3637, 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
NOI Notice of Intent

[[Page 106321]]

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 Information and Regulatory History

    The Captain of the Port (COTP) Miami has determined that the Port 
of Miami is at increased navigational risk as the port continues to 
expand and vessel traffic increases. On May 10-11, 2023, Coast Guard 
Navigation Center (NAVCEN) and Sector Miami conducted a Ports and 
Waterways Safety Assessment (PAWSA) with key stakeholders of the Port 
of Miami. The core finding of workshop participants was the presence of 
increased hazards to navigational safety in the Port of Miami created 
by high-speed vessel operations and the resulting large and damaging 
wakes they often introduce into the congested and geographically 
confined waterway. Over the last few years, a growing number of near 
misses prompted concern for the safety of life as both the volume of 
vessel traffic and speeds of vessels 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 person and seriously injuring another. The incident 
not only resulted in the tragic loss of life but also caused a 
significant disruption of 30,000 cruise ship passengers and cargo 
movements within the Port of Miami for over 12 hours. Additionally, on 
February 12, 2024, a recreational vessel collied with an inspected 
passenger 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 (RNA) 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.
    On April 11, 2024, under docket USCG-2024-0205, the Coast Guard 
published a Notice of Intent (NOI) entitled Regulated Navigation Area; 
Port of Miami, Miami, FL in the Federal Register (89 FR 25553) seeking 
comments on a potential RNA around the Port of Miami. The Coast Guard 
received 47 comments that had a predominantly positive tone.
    On August 28, 2024, under docket USCG-2024-0205, the Coast Guard 
published a Notice of Proposed Rulemaking (NPRM) entitled Regulated 
Navigation Area; Port of Miami, Miami, FL in the Federal Register (89 
FR 68843). The NPRM provided official notice of the proposed RNA and 
invited comment on the proposed regulatory action. The comment period 
ended on September 28, 2024, with 32 comments received that reflected a 
predominantly positive tone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The COTP Miami has determined the potential hazards 
associated with increased vessel traffic and wake created by vessels 
transiting at high speeds poses a concern for navigational safety 
surrounding the Port of Miami. 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 Natural Gas (LNG) powered cruise ships and cargo vessels 
resulting in an increase of hazardous bunkering operations within the 
port. The existing security risk associated with the Port of Miami is 
already high and this expansion only increases that risk. Establishing 
the RNA will reduce the speed of vessels and 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. The purpose of 
this rule is to ensure safe navigation and promote the safety of life 
at sea.

IV. Discussion of Comments, Changes, and the Rule

    There are no changes in the regulatory text of this rule from the 
proposed language in the NPRM. This rule establishes an RNA for certain 
waters surrounding the Port of Miami. This rule will establish a slow 
speed zone throughout Fisherman's Channel and the Main Ship Channel for 
vessels less than 50 meters in length. This action is necessary to 
provide for the safety of life by enhancing the protection of increased 
high-risk vessel traffic while reducing the navigational hazards to the 
mariners who operate throughout the port.

V. Regulatory Analyses

    We developed this 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 rule 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, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration and time of day of the regulated 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.

C. Collection of Information

    This rule will 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

[[Page 106322]]

power and responsibilities among the various levels of government. We 
have analyzed this 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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

F. Environment

    We have analyzed this 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 determined 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 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. 
It is 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 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.

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.

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 amends 
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 before the center heading ``Eighth Coast Guard 
District'' 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. The coordinates used in 
this paragraph are based on the World Geodetic System (WGS) 1984.
    (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.
    (e) Contact information. If you observe violations of the 
regulations in this section, you may notify the COTP via the Coast 
Guard Sector Miami Command Center via VHF channel 16, by phone at 305-
535-4472, or by email at [email protected].

    Dated: December 20, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2024-31268 Filed 12-27-24; 8:45 am]
BILLING CODE 9110-04-P
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