[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Proposed Rules]
[Pages 28851-28853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13285]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-01-017]
RIN 2115-AE84


Regulated Navigation Areas and Limited Access Areas; Miami River 
and Tamiami Canal, Miami-Dade County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

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

SUMMARY: The Coast Guard proposes to amend the Regulated Navigation 
Area for the Miami River and Tamiami Canal to improve navigational 
safety on the River, prevent marine casualties and ensure the river's 
continued ability to serve as a main artery for flood control. This 
proposed rule would prohibit vessels greater than 200 gross tons from 
laying up in an inoperable status on the Miami River or Tamiami Canal 
during hurricane season from June 1 until November 30 annually.

[[Page 28852]]


DATES: Comments and related material must be received on or before July 
24, 2001.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard, Marine Safety Office, 100 MacArthur 
Causeway, Miami, FL 33139. Captain of the Port Miami maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Heath Hartley, Division Officer, 
Coast Guard Marine Safety Office Miami, Waterways Management at (305) 
535-8762.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD07-01-
017), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a self-addressed postcard or envelope. 
We will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced in the Federal Register.

Background and Purpose

    In 1997 we issued regulations, after notice and comment, to control 
the practice of vessel rafting and ensure a safe minimum channel width 
along the Miami River and Tamiami Canal. (62 FR 50511, September 26, 
1997). These regulations are contained in 33 CFR 165.726. The current 
regulations do not address vessels that are inoperable because of 
repairs, equipment or manning deficiencies, or judicial proceedings. 
This is often referred to as lay up status. The Coast Guard proposes to 
amend the current regulations to minimize potential environmental and 
navigational hazards posed by these vessels within the Port during the 
annual hurricane season.
    South Florida's official hurricane season runs from June 1 until 
November 30, during which time the Coast Guard and maritime community 
are on a heightened alert for approaching heavy weather patterns. Along 
the 5.5 miles of interior waterway on the Miami River and Tamiami 
Canal, many commercial vessels involved in trade between Miami and the 
Caribbean are routinely placed out of service either for repairs or due 
to judicial and/or financial injunctions. While in lay up status, these 
vessels are typically inoperable mechanically, rendering them unable to 
depart the Port when heavy weather is imminent and evacuations are 
ordered. Commercial vessels remaining on this waterway after a Captain 
of the Port order to depart due to heavy weather create a substantial 
pollution threat to the environment and these vessels are at risk of 
breaking their moorings and becoming navigational hazards, restricting 
or closing the narrow waterway and threatening the viability of 
Florida's fifth largest Port. Amending the regulations to prohibit 
inoperable vessels from laying up on the Miami River and Tamiami Canal 
during the annual hurricane season will mitigate the potential 
environmental and navigational hazards which threaten the waterway 
during the hurricane season.

Discussion of Proposed Rule

    The proposed rule would require all vessels greater than 200 gross 
tons to be capable of leaving the waterway within 24 hours notice 
during hurricane season. This will minimize the potential environmental 
and navigational hazards that could result from hurricane conditions 
and ensure that vessels can depart the port when heavy weather is 
imminent.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. The Office of Management and Budget has not reviewed it 
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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This proposed rule would only affect those vessels over 200 gross 
tons that are incapable of leaving the waterways within 24 hours 
notice. This relatively small number of vessels can make alternate 
arrangements in advance. Further, vessels that desire to remain can 
request approval from the Captain of the Port. Requests will be 
evaluated on a case by case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
effect upon a substantial number of small entities. 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. This proposed rule would affect the following 
entities, some of which might be small entities, vessel owners or 
operators intending to lay up or leave their vessels inoperable on the 
Miami River or Tamiami Canal during some portion of the hurricane 
season from June 1 until November 30.
    This proposed rule would not have a significant economic impact or 
a substantial number of small entities for the following reasons. The 
proposed rule would be in effect for six months, and vessel owners 
could schedule lengthy maintenance outside of the hurricane season. 
Further, vessels intending to lay-up during hurricane season could 
locate, in advance, other less hazardous berthing. Vessels that can 
depart within 24 hours notice will not be affected.
    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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-

[[Page 28853]]

121), we want to assist small entities in understanding this proposed 
rule so that they can better evaluate its effects on them and 
participate in the rulemaking. 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 
contact LTJG Heath Hartley at (305) 535-8762 for assistance in 
understanding and participating in this rulemaking.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State and local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under, Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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 proposes 
to amend 33 CFR Part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.

    2. In Sec. 165.726 a new paragraph (b)(9) is added to read as 
follows:


Sec. 165.726  Regulated Navigation Areas; Miami River, Miami, Florida.

* * * * *
    (b) * * *
    (9) All vessels greater than 200 gross tons shall be operational 
and capable of leaving the Miami River and Tamiami Canal within 24 
hours of notice during hurricane season from June 1 until November 30 
annually.
* * * * *

    Dated: May 7, 2001.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 01-13285 Filed 5-24-01; 8:45 am]
BILLING CODE 4910-15-U