[Federal Register: December 10, 2004 (Volume 69, Number 237)]
[Proposed Rules]
[Page 71758-71764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de04-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD07-04-090]
RIN 1625-AA11, 1625-AA87, 1625-AA01
Regulated Navigation Areas, Security Zones, and Temporary
Anchorage Areas; St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a series of temporary
regulated navigation areas, security zones and temporary anchorage
areas on the St. Johns River, Jacksonville, FL, from Winter Point to
the Intracoastal Waterway, for Super Bowl XXXIX activities and events.
The river will be divided into two regulated navigation areas and four
security zones in order to provide increased layered security in close
proximity to the downtown area of the river. Additionally, the size of
existing fixed security zones around docked cruise ships will be
increased. Existing anchorage grounds will be modified and temporary
anchorages will be added to accommodate the vessel traffic expected
during the Super Bowl events. The regulated navigation areas, security
zones and temporary anchorages are necessary to protect national
security interests and the safety of navigation during Super Bowl
events. These areas will be enforced at various designated time periods
beginning February 2, 2005, through February 7, 2005. Entry into the
security zones will be prohibited to all persons and vessels unless
authorized by the Coast Guard Captain of the Port Jacksonville or his
designated representatives.
DATES: Comments and related material must reach the Coast Guard on or
before January 10, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Jacksonville, 7820 Arlington Expressway, Suite
400, Jacksonville, FL, 32211. Coast Guard Marine Safety Office
Jacksonville 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 Coast
Guard Marine Safety Office Jacksonville, 7820 Arlington Expressway,
Suite 400, Jacksonville, FL, 32211, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant James Tedtaotao at Coast
Guard Marine Safety Office Jacksonville, FL, tel: (904) 232-2640 ext
111.
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 (CGD07-04-
090), 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
that your submission reached us, please enclose a stamped, 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.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not plan to hold a public meeting. The United States Coast
Guard, along with other state and federal law enforcement agencies, has
conducted numerous outreach meetings with port users and the affected
maritime community regarding port restrictions. However, you may submit
a request for a meeting by writing to Coast Guard Marine Safety Office
Jacksonville 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 by a separate notice in the
Federal Register.
Background and Purpose
In light of terrorist attacks on New York City and the Pentagon in
Arlington, VA, on September 11, 2001, and the continuing concern for
future terrorist and or subversive acts against the United States,
especially at high visibility events where a large number of persons
are likely to congregate, the Coast Guard proposes to establish
temporary regulated navigation areas and security zones in certain
waters of the St. Johns River.
The Super Bowl is a sporting event, hosted each year in a different
city in the United States, sponsored by the National Football League
(NFL). Super Bowl XXXIX will be held in Jacksonville, FL, on Sunday,
February 6, 2005, at ALLTEL Stadium. Security measures for Super Bowl
XXXIX and the events preceding it, including temporary regulated
navigation areas, security zones and anchorages proposed herein, are
necessary from February 2, 2005, to February 7, 2005, and are needed to
safeguard the maritime transportation infrastructure, the public, and
designated participants from potential acts of violence or terrorism
during Super Bowl XXXIX activities.
[[Page 71759]]
The planning for these regulated navigation areas and security
zones has been conducted in conjunction with federal, state and local
law enforcement agencies. There is significant national security
interest during the Super Bowl in protecting the waterways surrounding
downtown Jacksonville, cruise ships, nearby vessels, and the public
from destruction, loss, or injury from sabotage or other subversive
acts, accidents or other causes of a similar nature.
These proposed regulations include amends of existing security
zones established at 33 CFR 165.759 to increase the fixed security
zones around cruise ships docked at the Talleyrand Marine Terminal and
the Jacksonville Cruise Ship Passenger Terminal from 100 yards to 400
yards.
These proposed regulations also amend existing anchorage
regulations established at 33 CFR 110.183 by removing Anchorage A,
modifying Anchorage B, and establishing various temporary anchorages
marked by buoys. Some of the temporary anchorages will be exclusively
for use by small recreational vessels and others will be for larger
recreational vessels and commercial vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish regulated navigation areas
and security zones on the St. Johns River, Jacksonville, FL, to include
the waters from Winter Point to the Intracoastal Waterway. The
regulated navigation areas and security zones are necessary to protect
national security interests during Super Bowl XXXIX and for the safety
of navigation on the waterway.
Temporary regulated navigation areas are proposed from Wednesday,
February 2, 2005, commencing at 6 a.m. (EST) until Monday, February 7,
2005 at 6 p.m. (EST) for: (1) Winter Point to the Matthews Bridge and
(2) the Matthews Bridge to St. Johns Bluff Reach.
All vessels entering the regulated navigation areas must comply
with orders from the Coast Guard Captain of the Port, Jacksonville,
Florida, or that officer's designated representatives, and accordingly
regulate their course, direction and movements within the regulated
navigation areas. Vessels must exercise continuous transit at minimum
safe speed while within 400 yards of the federal channel as marked by
buoys and day boards.
The public will be reminded of the locations and effective periods
of the regulated navigation areas, security zones and temporary
anchorage regulations by a local notice to mariners. No commercial
vessels will be permitted to anchor between the Fuller Warren Bridge
and the Matthews Bridge.
In addition to the regulated navigation areas described as (1) and
(2), the following temporary security zones described as (3), (4), (5)
and (6) are proposed for the waters of the St. Johns River. Security
Zone (3): the waters between the Fuller Warren Bridge and the Matthews
Bridge to be enforced Friday, February 4, 2005, beginning at 11:59 p.m.
(EST) until Monday, February 7, 2005, at 3 a.m. (EST). Vessel operators
entering the security zone outlined as (3) must receive express
permission from local, state or federal enforcement personnel
designated by the Captain of the Port; not transport or possess certain
dangerous cargo as defined in 33 CFR 160.204; and not operate or place
in the water jet skis or other motorized personal watercraft at any
time while this security zone, or security zones (4), (5) and (6) are
in effect. Vessel operators may not enter or remain in the security
zone outlined as (3) without completing a satisfactory security
screening.
Security Zones (4), (5) and (6) are smaller zones located
geographically within security zone (3) which will be enforced at
various times and present additional restrictions. Security zone (4): a
25-yard zone (entry prohibited without prior approval by the Captain of
the Port or his designated representatives) around the passenger
terminals at JEA Park and the Transportation Hub, to be enforced
Wednesday, February 2, 2005, commencing at 6 a.m. (EST) until Monday,
February 7, 2005, at 11:59 a.m. (EST).
Security zone (5): A ``no move'' zone (in addition to permission to
enter the zone, all vessels will be required to obtain approval by the
Captain of the Port or his designated representatives prior to getting
underway from the pier or anchorage, including vessels which previously
received permission to enter the zone) on the north bank of the St.
Johns River from the Main Street Bridge to the Hart Bridge, extending
25 yards offshore, to be enforced Sunday, February 6, 2005, beginning
at 11:59 a.m. (EST) until Monday, February 7, 2005 at 3 a.m. (EST).
Security zone (6): Restricts entry into the zone without prior
approval by the Captain of the Port or his designated representatives,
north bank to south bank, between JEA Park and the Transportation Hub,
to be enforced Sunday, February 6, 2005, from 11:59 a.m. (EST) until
Monday, February 7, at 3 a.m. (EST).
The temporary security zones described as (3), (4), (5) and (6)
prohibit the transport or possession on vessels of certain dangerous
cargo as defined in 33 CFR 160.204.
Regulations currently exist at 33 CFR 165.759 which establish 100
yard moving security zones around all cruise ships entering or
departing the Port of Jacksonville, Florida. Fixed security zones are
established 100 yards around all cruise ships docked in the Port of
Jacksonville. This proposed regulation temporarily suspends these
security zones and replaces them with a 400 yard security zone for all
cruise ships docked at the Talleyrand Marine Terminal and Jacksonville
Cruise Ship Passenger Terminal to be enforced Wednesday, February 2,
2005, commencing at 6 a.m. (EST) until Monday, February 7, 2005, at
11:59 p.m. (EST).
These proposed regulations also amend existing anchorage
regulations established at 33 CFR 110.183 which regulate the anchoring
of vessels on the St. Johns River from the Main Street Bridge to the
ocean. The rule proposes to amend the regulations to temporarily close
Anchorage A and reduce the size of Anchorage B. Further, anchoring
anywhere between the Fuller Warren Bridge and the Matthews Bridge will
be limited to recreational vessels 40 feet or less in length within
marked areas to be identified by temporary buoys. Rafting of vessels
outboard of one another in these marked areas will be limited to 20
rafted vessels. Anchorage B will be reduced in size and will retain its
existing restrictions. In addition to anchoring availability in
Anchorage B, recreational vessels in excess of 40 feet in length and
commercial vessels may seek Captain of the Port permission to anchor
north of the Matthews Bridge within marked areas to be identified by
temporary buoys. The Captain of the Port Jacksonville, Florida, will
continue to notify the maritime community of the periods during which
the regulated navigation areas and security zones will be effective.
Broadcast notifications will be made to the maritime community advising
them of the boundaries of these zones.
BILLING CODE 4910-15-P
[[Page 71760]]
[GRAPHIC] [TIFF OMITTED] TP10DE04.086
BILLING CODE 4910-15-C
[[Page 71761]]
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although the regulated navigation
areas apply to a large section of the St. Johns River, traffic will be
allowed to pass through the zones with the permission of the Captain of
the Port Jacksonville or his designated representatives. Additionally,
the Coast Guard has consulted with industry representatives to obtain
concurrence with the proposed rule and has attended public meetings
with recreational boaters to discuss impact of the proposed rule.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the river.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on 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: the owners or
operators of vessels intending to transit or anchor in portions of the
St. Johns River at various times between February 2, 2005 and February
7, 2005.
These regulations would not have a significant economic impact on a
substantial number of small entities for the following reasons. Each
area, zone or anchorage restriction in this rule will only be in effect
for a limited duration. With the exception of vessels carrying certain
dangerous cargo as defined in 33 CFR 160.204, vessels will still be
allowed to transit after obtaining authorization from the Captain of
the Port or his designated representatives. All vessels carrying
certain dangerous cargo as defined in 33 CFR 160.204 will be prohibited
from transiting the security zones. Based upon consultation with local
industry representatives it has been determined there is no regular
traffic of such vessels on the St Johns River through the area of the
anticipated security zones and no such traffic is expected.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 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 104-121), 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 Lieutenant James
Tedtaotao at the address listed in ADDRESSES above. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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 or 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 affect 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 would not
create an environmental risk to health or risk to safety that might
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 would 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 proposed 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.
[[Page 71762]]
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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,
paragraphs (34)(f) and (g), of the Instruction, from further
environmental documentation. As anchorage regulations, regulated
navigation areas and security zones, the proposed rules satisfy the
requirements of paragraphs 34(f) and (g).
Under figure 2-1, paragraphs (34)(f) and (g) of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects
33 CFR Part 110
Anchorage grounds.
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 parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and
2071; 33 CFR 1.05-1(g; Department of Homeland Security Delegation
No. 0170.1.
2. From 6 a.m.(EST) on February 2, 2005 until 11:59 p.m. (EST) on
February 7, 2005, in Sec. 110.183, paragraphs (a) and (b) are
suspended in their entirety and new paragraphs (c), (d) and (e) are
added to read as follows:
Sec. 110.183 St. Johns River, Florida.
* * * * *
(c) Anchorage B. (Lower Anchorage) The Anchorage is established
within the following coordinates, the area enclosed by a line starting
at a point on the eastern shore of the river at `Floral Bluff' at
30[deg]21'00'' N, 081[deg]36'41'' W; thence to 30[deg]20'50'' N,
081[deg]37'08'' W in vicinity of buoy G''75''; thence to 30[deg]21'50''
N, 081[deg]36'56'' W; thence to 30[deg]21'54'' N, 081[deg]36'48'' W;
thence returning to the point of beginning.
(d) Regulations. (1) Except in case of emergency, only vessels
meeting the conditions of this paragraph will be authorized by the
Captain of the Port to anchor in Anchorage B. Vessels unable to meet
any of the following restrictions must obtain specific authorization
from the Captain of the Port prior to anchoring in Anchorage B.
(2) All vessels intending to enter and anchor in Anchorage B must
notify the Captain of the Port prior to entering.
(3) Anchorage B is a temporary anchorage. Additionally, Anchorage B
is used as a turning basin. Vessels may not anchor for more than 24
hours without specific written authorization from the Captain of the
Port.
(4) All vessels at anchor must maintain a watch on VHF-FM channels
13 and 16 by a person fluent in English, and must make a security
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
(5) Anchorage B is restricted to vessels with a draft of 24 feet or
less, regardless of length.
(6) Any vessel transferring petroleum products within Anchorage B
must have a pilot or Docking Master aboard, and employ sufficient
assist tugs to assure the safety of the vessel at anchor and any
vessels transiting the area.
(7) Any vessel over 300 feet in length within Anchorage B must have
a pilot or Docking Master onboard, and employ sufficient assist tugs to
assure the safety of the vessel at anchor and any vessels transiting
the area.
(e) Temporary anchorages. (1) Five temporary anchorage areas will
be established in the waters of the St. Johns River between the Fuller
Warren Bridge and the southern end of Anchorage B to exclusively
accommodate recreational vessels, 40 feet in length or less, for
various events during the effective period. Vessels must seek
authorization from the Captain of the Port prior to anchoring. Up to
twenty recreational vessels may raft outboard of one another. Buoys
will mark all temporary anchorage areas.
(2) Several temporary anchorage areas will be established in the
waters north of the Matthews Bridge to accommodate larger recreational
vessels and commercial vessels. Buoys will mark all temporary anchorage
areas.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
4. From February 2, 2005, at 6 a.m. (EST) until February 7, 2005,
at 11:59 p.m. (EST) in Sec. 165.759, paragraph (a) is suspended and a
new paragraph (e) is added to read as follows:
Sec. 165.759 Security Zones; Ports of Jacksonville, Fernandina, and
Canaveral, Florida.
* * * * *
(e) Regulated area. (1) Moving Security zones are established
around all tank vessels, cruise ships, and military pre-positioned
ships during transits entering or departing the ports of Jacksonville,
Fernandina, and Canaveral, Florida. These moving security zones are
activated when the subject vessels pass the St. Johns River Sea Buoy,
at approximate position 30[deg]23'35'' N, 81[deg]19'08'' W, when
entering the port of Jacksonville, or pass port Canaveral Channel
Entrance Buoys 3 or 4, at respective approximate
positions 28[deg]22.7' N, 80[deg]31.8' W, and 28[deg]23.7' N,
80[deg]29.2' W when entering Port Canaveral. Fixed security zones are
established 100 yards around all tank vessels and military pre-
positioned ships docked in the Ports of Jacksonville, Fernandina, and
Canaveral, Florida.
(2) Fixed security zones are established 100 yards around all
cruise ships docked in the Ports of Jacksonville, Fernandina, and
Canaveral, Florida except for security zones around vessels docked at
the
[[Page 71763]]
Talleyrand Marine Terminal and the Jacksonville Cruise Ship Passenger
Terminal in the Port of Jacksonville that extend 400 yards around
cruise ships.
5. Temporarily add Sec. 165.T07-090 to read as follows:
Sec. 165.T07-090 Regulated Navigation Areas and Security Zones; St.
Johns River, Jacksonville, FL.
(a) Locations--(1) Regulated navigation area; Winter Point to the
Matthews Bridge--(i) Area. All waters, shore-to-shore and surface to
bottom, between an imaginary line drawn between Winter Point
(30[deg]18'36'' N, 81[deg]40'36'' W), south through Winter Point Light
1 (30[deg]17'48'' N, 81[deg]40'24'' W) to Point La Vista
(30[deg]16'42'' N, 81[deg]39'48'' W), and the Matthews bridge,
excluding the waters of the Arlington River east of an imaginary line
between 30[deg]19'12'' N, 81[deg]36'42'' W and 30[deg]19'00'' N,
81[deg]36'48'' W.
(ii) Enforcement period. The regulated navigation area in paragraph
(a)(1)(i) will be enforced from 6 a.m. on February 2, 2005, until 6
p.m. on February 7, 2005.
(2) Regulated navigation area; St. Johns River, Matthews Bridge to
St. Johns Bluff Reach--(i) Area. All waters, surface to bottom, and
bank to bank, within the St. Johns River from the Matthews Bridge to an
imaginary line between the south bank of the Trout River at
30[deg]23'06'' N, 81[deg]38'00'' W and 30[deg]23'06'' N, 81[deg]37'18''
W, and within 400 yards of the Federal Channel of the St. Johns River,
as visually marked by buoys and day boards, including around both sides
of Blount Island, from an imaginary line between the south bank of the
Trout River at 30[deg]23'06'' N, 81[deg]38'00'' W and 30[deg]23'06N'',
81[deg]37'18'' W, to an imaginary line at the front range light of the
Fulton Cutoff Range between 30[deg]23'36'' N, 81[deg]30'06'' W south to
30[deg]23'12'' N, 81[deg]30'06'' W.
(ii) Enforcement period. The regulated navigation area in paragraph
(a)(2)(i) will be enforced from 6 a.m. on February 2, 2005, until 6
a.m. on February 7, 2005.
(3) Security Zone, St. Johns River, Fuller Warren Bridge to the
Matthews Bridge--(i) Area. All waters shore-to-shore and surface to
bottom of the St. Johns River, between the Fuller Warren Bridge and the
Matthews Bridge excluding the waters of the Arlington River east of an
imaginary line between 30[deg]19'12'' N, 81[deg]36'42'' W and
30[deg]19'00'' N, 81[deg]36'48'' W.
(ii) Enforcement period. The security zone in paragraph (a)(3)(i)
will be enforced from 11:59 p.m. on February 4, 2005, until 3 a.m. on
February 7, 2005.
(4) Security Zone, St. Johns River, Passenger terminals at JEA Park
and the Transportation Hub-- (i) Area. All waters extending 25 yards
into the river and following the contour of the southern bank of the
river between 30[deg]19.04' N, 081[deg]38.59' W and 30[deg]18.53' N,
081[deg]38.40' W, and all waters extending 25 yards into the river and
following the contour of the northern bank of the river between
30[deg]19.16' N, 081[deg]38.50' W and 30[deg]19.16' N, 081[deg]38.41'
W.
(ii) Enforcement period. The security zone in paragraph (a)(4)(i)
will be enforced from 6 a.m. on February 2, 2005, until 11:59 a.m. on
February 7, 2005.
(5) Security Zone, St. Johns River, Main Street Bridge to the Hart
Bridge--(i) Area. All waters extending 25 yards into the river and
following the contour of the northern bank of the river, between the
Main Street Bridge and the Hart Bridge.
(ii) Enforcement period. The security zone in paragraph (a)(5)(i)
will be enforced from 11:59 a.m. on February 6, 2005 until 3 a.m. on
February 7, 2005.
(6) Security Zone, St. Johns River, JEA Park to the Transportation
Hub.--(i) Area. All waters within the perimeter of the following:
originating at 30[deg]19.04' N, 081[deg]38.59' W then north to
30[deg]19.16' N, 081[deg]38.50' W, then east following the contour of
the northern bank of the river to 30[deg]19.16' N, 081[deg]38.41' W,
then south to 30[deg]18.53' N, 081[deg]38.40' W, and west following the
contour of the south bank of the river to the origin at 30[deg]19.04'
N, 081[deg]38.59' W.
(ii) Enforcement period. The security zone in paragraph (a)(6)(i)
will be enforced from 11:59 a.m. on February 6, 2005 until 3 a.m. on
February 7.
(b) Definitions. The following definitions apply to this section.
Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones.
Minimum safe 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 minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A
vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
Motorized personal watercraft means vessels less than 16 feet in
length which are designed to be operated by a person or persons
sitting, standing, or kneeling on the craft, rather than within the
confines of a hull.
(c) Regulations--(1) Regulated navigation areas. The regulations in
paragraph (c)(1) apply to the area in paragraphs (a)(1) and (a)(2) of
this section.
(i) All vessels and persons entering and transiting through the
regulated navigation area must proceed continuously and at a minimum
safe speed. In no instance should minimum safe speed be interpreted as
a speed less than that required for a particular vessel to maintain
steerageway. Nothing in this rule alleviates vessels or operators from
complying with all state and local laws in the area.
(ii) All vessels and persons must comply with orders from the Coast
Guard Captain of the Port, Jacksonville, Florida, or that officer's
designated representatives, regulating their speed, course, direction
and movements within the regulated navigation areas.
(2) Security zones. The regulations in this paragraph apply to the
zones in paragraph (a)(3) through (a)(6) of this section. All vessels
that seek entry to the zones, and those vessels that are located in the
zones when the zones become effective, will be subject to a security
screening. Vessel operators must receive express permission to enter,
or, for vessels already inside the zone when it becomes effective,
permission to remain in the security zone from federal, state or local
personnel designated by the Captain of the Port; vessels must not
transport or possess certain dangerous cargo as defined in 33 CFR
160.204; and persons must not operate or place in the water jet skis or
other motorized personal watercraft at any time while the security zone
is in effect. Entry into and continued presence within the security
zones by vessels or persons that entered without authorization from the
Captain of the Port is prohibited unless authorized by the Coast Guard
Captain of the Port, Jacksonville, Florida, or that officer's
designated representatives. Vessels moored, docked or anchored in the
security zones when they become effective must remain in place unless
ordered by or given permission from the COTP to do otherwise. Security
Zone (a)(5) further prohibits vessel movement
[[Page 71764]]
within the zone without prior approval by the Captain of the Port or
his designated representatives. Vessels or persons desiring to enter or
transit the areas encompassed by any of the security zones may contact
the Coast Guard Captain of the Port or his designated representatives
on VHF Channel Marine 12 to seek permission to enter or transit the
zone. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or that officer's designated
representatives.
(d) Effective period. This section is effective from 6 a.m. on
February 2, 2004, until 11:59 p.m. on February 7, 2005.
Dated: November 26, 2004.
David B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-27100 Filed 12-9-04; 8:45 am]
BILLING CODE 4910-15-P