[Federal Register: May 13, 2003 (Volume 68, Number 92)]
[Rules and Regulations]
[Page 25498-25500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my03-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-03-069]
RIN 1625-AA11
Regulated Navigation Area; Port Everglades Harbor, Fort
Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area in Port Everglades Harbor, Fort Lauderdale, Florida to
improve national security and safety of the harbor and increase the
safety of law enforcement officers and high-risk vessels in the
vicinity of Port Everglades Harbor. This temporary final rule
establishes a slow speed zone in the harbor to control vessel speed and
allow law enforcement vessels to control vessel movement in this
waterway.
DATES: This rule is effective from 12:01 a.m. on Monday, April 28,
2003, until 12:01 a.m. on Monday, September 1, 2003. Comments and
related material must be received on or before June 12, 2003.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard, Marine Safety Office, 100 MacArthur
Causeway, Miami, FL 33139. The 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 Jennifer Sadowski, Coast Guard
Marine Safety Office Miami, Waterways Management at (305) 535-8701.
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 [CGD07-03-
069], 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 temporary rule in view of them.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NRPM. Publishing a NPRM and delaying
the rule's effective date is contrary to national security and public
safety, because immediate action is necessary to protect the public,
ports, and waters of the United States.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
The terrorist attacks of September 2001 killed thousands of people
and heightened the need for development of various security measures
throughout the seaports of the United States. The President declared
national emergencies following the September 11, 2001 terrorist attacks
and has continued them, specifically: the continuing national emergency
with respect to terrorist attacks, at 67 FR 58317 (Sep. 13, 2002); and
continuing national emergency with respect to persons who commit,
threaten to commit, or support terrorism, at 67 FR 59447 (Sep. 20,
2002). The President found pursuant to law, including the Magnuson Act
(50 U.S.C. 191 et seq.), that the security of the United States is and
continues to be endangered since the terrorist attacks on the United
States of September 11, 2001, and that such disturbances continue to
endanger the Security of the United States, at Executive Order 13,273,
67 FR 56215 (Aug. 21, 2002). Following the attacks of well-trained and
clandestine terrorists, national security and intelligence officials
warned that future terrorist attacks are likely.
The Captain of the Port (COTP) of Miami has determined that there
is an increased risk that subversive activity could be launched by
vessels or persons in close proximity to Port Everglades because of the
numerous high-capacity passenger vessels, vessels carrying hazardous
cargo, critical infrastructure facilities including propane and
petroleum processing facilities, and U.S. military vessels that utilize
the port. Implementation of a port-wide slow speed regulated navigation
area will greatly aid law enforcement officers in managing vessel
traffic as any vessels not complying with the slow speed zone will
quickly draw attention giving law enforcement more time to assess the
situation and take appropriate action in protecting vessels within the
port and port facilities. Prior to the creation of this temporary final
rule, vessels were able to enter the harbor from sea at a high rate of
speed and maintain a high rate of speed into the harbor until coming
within close proximity of high capacity passenger vessels, vessels
carrying hazardous cargo, critical
[[Page 25499]]
infrastructure facilities and U.S. military vessels that are often
moored within an existing security zone. Law enforcement officers did
not have sufficient time to react to vessels that failed to slow their
speed prior to reaching the limits of the existing security zone. This
regulated navigation area is necessary to protect the public, port, law
enforcement officials, and waterways of the United States from
potential subversive acts.
Nothing in this rule relieves vessels or operators from complying
with all state and local laws in the regulated area, including manatee
slow speed zones.
The Coast Guard intends to evaluate the need for making this
temporary rule a permanent rule. We will consider comments solicited by
this temporary rule and evaluate the effectiveness of this temporary
rule in making that determination. The Coast Guard also anticipates
publishing a notice of proposed rulemaking in the Federal Register to
solicit additional comments. The notice and comment rulemaking process
may be lengthy so this temporary rule is designed to be in effect until
a final determination is made on whether a permanent rule is needed.
Discussion of Rule
The rule requires all vessels within the regulated navigation area
to proceed at slow speed. Slow speed is defined as the speed at which a
vessel proceeds when it is fully off plane, completely settled into the
water and not creating excessive wake. This rule will minimize the
potential national security hazards that could result from a vessel
being permitted to transit through the harbor, in the vicinity of high
capacity passenger vessels, vessels carrying hazardous cargo, critical
infrastructure facilities and U.S. military vessels, at a high rate of
speed and will facilitate law enforcement control of vessel movement.
The regulated navigation area is in the vicinity of Port Everglades
Harbor, Fort Lauderdale, Florida, and includes all waters of the
Atlantic Intracoastal Waterway and Port Everglades Harbor, from shore
to shore, south of the 17th Street Bridge (at a line connecting
26[deg]06.04'N, 080[deg]07.17'W and 26[deg]06.04'N, 080[deg]07.05'W),
north of the intersection of the Dania Cut Off Canal and the
Intracoastal Waterway (latitude 26[deg] 04.72'N) and west of a north-
south line connecting red day board 6 and green day board
7 at the entrance to Port Everglades Harbor (longitude
080[deg]06.30'W).
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS). The Coast Guard expects the economic impact of this
rule to be so minimal that a full regulatory evaluation under the
regulatory policies and procedures of DHS is unnecessary. The regulated
navigation area is narrowly tailored to protect the public, ports, and
waterways of the United States, and watercraft are still permitted to
transit through the regulated navigation area but must proceed at slow
speed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
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 rule will
not have a significant economic impact on a substantial number of small
entities. The regulated navigation area is narrowly tailored to protect
the public, ports, and waterways of the United States, and vessels are
still permitted to transit through the regulated navigation area but
must proceed at slow speed.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact LTJG Jennifer Sadowski at (305) 535-8701 for
assistance in understanding and participating in this rulemaking.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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 or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that this rule 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. Although this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 25500]]
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 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; Department of Homeland Security
Delegation No. 0170.
0
2. Add temporary Sec. 165.T07-069 to read as follows:
Sec. 165.T07-069 Regulated Navigation Area; Port Everglades Harbor,
Fort Lauderdale, Florida.
(a) Location. The following area in the vicinity of Port Everglades
Harbor is a regulated navigation area: all waters of the Atlantic
Intracoastal Waterway and Port Everglades Harbor, from shore to shore,
south of the 17th Street Bridge (at a line connecting 26[deg] 06.04'N,
080[deg]07.17'W and 26[deg]06.04'N, 080[deg]07.05'W), north of the
intersection of the Dania Cut Off Canal and the Intracoastal Waterway
(latitude 26[deg] 04.72'N) and west of a north-south line connecting
red day board 6 and green day board 7 at the entrance
to Port Everglades Harbor (longitude 080[deg] 06.30'W).
(b) Regulations. Vessels 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.
(c) Definition. 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 a plane;
(2) In the process of coming up on or coming off of plane; or
(3) Creating an excessive wake.
(d) Effective period. This rule is effective from 12:01 a.m. on
Monday, April 28, 2003, until 12:01 a.m. on Monday, September 1, 2003.
Dated: April 25, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-11811 Filed 5-12-03; 8:45 am]
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