Regulated Navigation Area: Miami, FL

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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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

[[Page 31386]]

of the Miami River and the Tamiami Canal. By establishing this

permanent regulation, the Coast Guard expects to improve navigational

safety on the river, present 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: Comments must be received on or before August 8, 1997.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast

Guard, Marine Safety Office, P.O. Box 01-6940, Miami, FL 33131.

Comments will become part of this docket and will be available for

inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:

LT C. A. Torres, Port Management and Response Department, USCG Marine

Safety Office Miami at (305) 535-8744.

SUPPLEMENTARY INFORMATION:

Background and Purposes

The proposed regulations are needed to provide for the unimpeded

transit of vessel's 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 under

current conditions with vessels rafted too far into the waterway

channel, thus interfering with the ability of other vessels to

navigate. Several vessels have been told to change their moorings to

prevent their blocking free navigation on the Miami River and Tamiami

Canal. 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 proposed 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.

The proposed regulation 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. The proposed regulation 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.

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names and addresses,

identify this notice [CGD07-97-019], the specific section of this

proposal to which their comments apply and give reasons for each

comment. The Coast Guard requests that all comments and attachments be

submitted in an 8'' x 11'' unbound format suitable for copying and

electronic filing. If that is not practical, a second copy of any bound

material is requested. Persons requesting acknowledgment of receipt of

comments should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the comment

period. The regulations may be changed in view of the comments

received. All comments received before the expiration of the comment

period will be considered before final action is taken on this

proposal.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Commanding Officer, Marine Safety Office

Miami at the address under ADDRESSES. The request should include the

reasons why a hearing would be beneficial. If it determines that the

opportunity for oral presentations will aid this rulemaking, the Coast

Guard will hold a public hearing at a time and place announced by a

notice in the Federal Register.

Regulatory Evaluation

This proposal 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. 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). For the reasons expressed below in the ``small

entities'' section, the Coast Guard expects the economic impact of this

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632).

The Coast Guard certifies under section 605 (b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), that this proposal, if adopted,

would 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, including facilities for vessels

over 54 feet in width, that would not cause them to protrude into the

main channel.

Collection of Information

These proposed 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.

[[Page 31387]]

Environmental Analysis

The Coast Guard has considered the environmental impact of this

proposal 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 proposal is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination and

Environmental Analysis Checklist will be prepared during the comment

period and will be available for inspection and copying after the

comment period for this proposed rulemaking has expired.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (waters), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposed to

amend 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 Sec. 165.726 is added to read as follows:

Sec. 165.726 Regulated Navigation Area; 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 deg.-46 deg.-19.0'

N, 080 deg.-11.4' W, inland to the South Florida Water Management

District's salinity dam in approximate postion 25 deg.-48.4' N,

080 deg.-15.6' W.

(2) The Tamiami Canal from its intersection with the Miami River in

approximate position 25 deg.-47.7' N, 080 deg.-14.7' W to the N.W. 37th

Avenue bridge in approximate position 25-48-5' N, 080-15-5' W. All

coordinates referenced use datum: NAD 83.

(b) Regulations. In accordance with the general regulations in

Sec. 165.11 of this part, no person may cause or authorize the

operation of a vessel in a regulated navigation area contrary to this

section.

(1) The following restrictions apply while operating within the

regulated navigation area, unless authorized to deviate by the Captain

of the Port, Miami, Florida, or a Coast Guard commissioned, warrant, or

petty officer designated by him.

(2) All rafted vessels (inboard and outboard) must be properly

moored in accordance with applicable municipal laws and regulations.

(3) At not time shall any vessels be rafted more than two abreast.

(4) 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.

(5) 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.

(6) All moored and rafted vessels shall provide safe access from

the shore.

(7) All moored and rafted vessels shall provide clear and ready

access for land-based firefighters to safely and quickly reach outboard

rafted vessels.

(8) 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.

(9) Nothing in this section 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 this regulated navigation area

should be reported to the Captain of the Port, Miami. Persons in

violation of this section will be subject to civil penalty under

Sec. 165.13(b) of this part.

Dated: May 12, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard

'District.

[FR Doc. 97-14972 Filed 6-6-97; 8:45 am]

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