Regulated Navigation Area; Port of Miami, Miami, FL, 106320-106322 [2024-31268]
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
or interest rate mode that occurs
pursuant to the terms of the bond is a
modification. Thus, an issuer’s exercise
of an option to alter the interest rate or
interest rate mode on a qualified tender
bond generally is not a modification
under § 1.1001–3 because the alteration
occurs by operation of the terms of the
bond and the holder’s resulting right to
put the bond to the issuer or the issuer’s
agent pursuant to the disregarded
qualified tender right does not prevent
the issuer’s option from qualifying as a
unilateral option under § 1.1001–3(c)(3)
that would not give rise to a
modification.
(2) Acquisition pursuant to a qualified
tender right. An acquisition of a
qualified tender bond by the issuer or its
agent does not result in the retirement
of the bond under paragraph (b)(1)(ii) of
this section if the acquisition is
pursuant to the operation of a qualified
tender right and neither the issuer nor
its agent continues to hold the bond
after the close of the 90-day period
beginning on the date of the tender.
(3) Acquisition of a tax-exempt bond
by a guarantor or liquidity facility
provider. An acquisition of a tax-exempt
bond by a guarantor or liquidity facility
provider acting on the issuer’s behalf
does not result in the retirement of the
bond under paragraph (b)(1)(ii) of this
section if the acquisition is pursuant to
the terms of the guarantee or liquidity
facility and the guarantor or liquidity
facility provider is not a related party
(as defined in § 1.150–1(b)) to the issuer.
(d) Effect of retirement. If a bond is
retired pursuant to paragraph (b)(1)(i) of
this section (that is, in a transaction
treated as an exchange of the bond for
a bond with modified terms), the bond
is treated as a new bond issued at the
time of the modification as determined
under § 1.1001–3. If the issuer or its
agent resells a bond retired pursuant to
paragraph (b)(1)(ii) of this section, the
bond is treated as a new bond issued on
the date of resale. The rules of § 1.150–
1(d) apply to determine if the new bond
is part of a refunding issue.
(e) Definitions. For purposes of this
section, the following definitions apply:
(1) Issuer means the State or local
governmental unit (as defined in
§ 1.103–1) that actually issues the taxexempt bond and any related party (as
defined in § 1.150–1(b)) to the actual
issuer (as distinguished, for example,
from a conduit borrower that is not a
related party to the actual issuer).
(2) Qualified tender bond means a taxexempt bond that, pursuant to the terms
of the bond, has all of the following
features:
(i) During each authorized interest
rate mode, the bond bears interest at a
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21:04 Dec 27, 2024
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fixed interest rate, a qualified floating
rate under § 1.1275–5(b), or an objective
rate for a tax-exempt bond under
§ 1.1275–5(c)(5);
(ii) Interest on the bond is
unconditionally payable (as defined in
§ 1.1273–1(c)(1)(ii)) at periodic intervals
of no more than one year;
(iii) The bond has a stated maturity
date that is not later than 40 years after
the issue date of the bond; and
(iv) The bond includes a qualified
tender right.
(3) Qualified tender right means a
right or obligation of a holder of a taxexempt bond pursuant to the terms of
the bond to tender the bond for
purchase as described in this paragraph
(e)(3). The purchaser under the tender
may be the issuer, its agent, or another
party. The tender right is available on at
least one date before the stated maturity
date. For each such tender, the purchase
price of the bond is equal to par (plus
any accrued interest). Following each
such tender, the issuer, its agent, or
another party either redeems the bond
or uses reasonable best efforts to resell
the bond within the 90-day period
beginning on the date of the tender.
Upon any such resale, the resale price
of the bond is equal to the par amount
of the bond (plus any accrued interest),
except that, if the tender right is
exercised in connection with a
conversion of the interest rate mode on
the bond to a fixed rate for the
remaining term of the bond, the bond
may be resold at any price, including a
premium price above the par amount of
the bond or a discount price below the
par amount of the bond (plus any
accrued interest). Any premium
received by the issuer pursuant to such
a resale is treated solely for purposes of
the arbitrage investment restrictions
under section 148 of the Code as
additional sale proceeds of the bonds.
(f) Applicability date—(1) General
applicability. This section applies to
events occurring and actions taken with
respect to bonds on or after December
30, 2025.
(2) Permissive applicability. An issuer
may choose to apply this section to
events occurring and actions taken with
respect to bonds on or after December
30, 2024.
■ Par. 3. Section 1.1001–3 is amended
by revising paragraph (a)(2) to read as
follows:
§ 1.10011.1001–3
instruments.
Modifications of debt
(a) * * *
(2) Tax-exempt bonds. For special
rules governing whether tax-exempt
bonds are retired for purposes of
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sections 103 and 141 through 150 of the
Internal Revenue Code, see § 1.150–3.
*
*
*
*
*
Douglas W. O’Donnell,
Deputy Commissioner.
Approved: December 8, 2024.
Aviva R. Aron-Dine,
Deputy Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2024–30267 Filed 12–27–24; 8:45 am]
BILLING CODE 4830–01–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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.’’
SUMMARY:
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
David.L.Lieberman2@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
NPRM Notice of proposed rulemaking
PAWSA Port and Waterways Safety
Assessment
RNA Regulated Navigation Area
§ Section
U.S.C. United States Code
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.
ddrumheller on DSK120RN23PROD with RULES1
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
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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.
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106321
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
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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
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21:04 Dec 27, 2024
Jkt 265001
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
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.
2. Add § 165.792 before the center
heading ‘‘Eighth Coast Guard District’’
to read as follows:
■
§ 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°46.40′ N, 080°10.84′ W proceeding
southeasterly through Fisherman’s
Channel south of Dodge Island to Miami
Main Channel Light 15 at 25°45.86′ N.
080°08.24′ W in Government Cut,
thence northwesterly through the Main
Ship Channel north of Dodge Island to
Biscayne Bay Light 50 at 25°46.90′ N,
080°10.88′ W. Additionally, the Meloy
Channel from Miami Main Channel
Lighted Buoy 16 at 25°46.04′ N,
080°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
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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 SectorMiamiWaterways@uscg.mil.
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–1065]
Safety Zone; Annual Fireworks
Displays and Other Events in the
Eighth Coast Guard District Requiring
Safety Zones
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for the Crescent City
Countdown Club/New Year’s
Celebration fireworks display, from
11:30 p.m. on December 31, 2024,
through 12:30 a.m. on January 1, 2025,
to provide for the safety of life on the
navigable waterways during this event.
Our regulation for annual fireworks
displays and other events in the Eighth
Coast Guard District identifies this
safety zone for this event on the
Mississippi River in New Orleans, LA.
During the enforcement period, entry
into this zone is prohibited unless
authorized by the Captain of the Port or
a designated representative.
DATES: The regulations in 33 CFR
165.801 will be enforced for the
Crescent City Countdown Club/New
Year’s Celebration safety zone listed in
item 10 in table 5 to § 165.801 from
11:30 p.m. on December 31, 2024,
through 12:30 a.m. on January 1, 2025.
SUMMARY:
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]]>Agencies
[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.
-----------------------------------------------------------------------
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
