[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Rules and Regulations]
[Page 32235-32239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
33 CFR Part 165
[CGD07-05-031]
RIN 1625-AA11, 1625-AA87 and 1625-AA09
Regulated Navigation Area, Security Zone and Drawbridge Operation
Regulations; Port Everglades, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area, temporary security zone
[[Page 32236]]
and temporary drawbridge regulation during the Organization of American
States (OAS) conference. These regulations are needed to provide for
public safety and security during the OAS conference. The regulations
will control the movement of vessels within the regulated navigation
area, restrict access to the security zone, and alter the schedule of
the Brooks Memorial Bascule Bridge.
DATES: This rule is effective from June 4, 2005 until June 8, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-05-031] and are available for inspection or
copying at U.S. Coast Guard, Sector Miami Prevention Office, 100
MacArthur Causeway, Miami Beach, FL 33139 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Douglas Tindall, Waterways
Management Office, at (305) 535-8701.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area, Security Zone and Drawbridge
Operation Regulations; Port Everglades, FL in the Federal Register (70
FR 22287). We did not receive any comments on the proposed rule. No
public meeting was requested and none was held.
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. The regulation is needed to
protect the public during the event and a delay would be contrary to
the public interest.
Background and Purpose
Incidents of property damage and destruction during previous
international conferences such as the September 2003 World Trade
Organization (WTO) Ministerial in Cancun, Mexico, the 2003 G-8 Summit
in Calgary, Canada, the 2001 G-8 Summit in Genoa, Italy, the 1999
Seattle World Trade Organization (WTO) Ministerial, and the 2003 Free
Trade Area of the Americas (FTAA) conference in Miami, Florida indicate
the potential for damage and destruction exists at the OAS conference
in Ft. Lauderdale. Historically, trade conferences have experienced an
influx of protestors and protest groups that oppose free international
trade initiatives. Some of these groups have a propensity for violence
and engage in seditious acts against conference attendees, conference
venues, the general public, businesses, municipal buildings, and law
enforcement personnel and equipment. Current information and
intelligence indicates that there is a high potential for these groups
to attempt similar acts during the OAS conference in Ft. Lauderdale.
Additionally, the Coast Guard has received information from local,
state, and Federal law enforcement officials that persons may launch
subversive acts from the waters surrounding OAS conference venues. In
the past, such subversive acts have included the use of personal
watercraft to penetrate physical barriers in an attempt to launch
projectiles at conference venues and participants. Certain groups have
also used Rigid Hull Inflatable Boats (RHIBs) to facilitate
unauthorized boardings of commercial ships. The use of high speed,
highly maneuverable low draft watercraft such as personal watercraft
and RHIBs poses a significant security threat to OAS venues,
participants, Port Everglades and the public.
These regulations are being established to mitigate the above-
mentioned threats and are necessary to protect the public, attendees,
law enforcement officials and port operations from violent, disruptive
and seditious acts.
Discussion of Comments and Changes
No substantive changes to the rule were made although we did change
the format of the regulation to comply with the regulatory drafting
guide.
Discussion of Rule
The temporary security zone will prohibit all persons and vessels
from entering the waters contained within an imaginary line drawn from
a point at the southwest corner of the 17th Street Causeway Bridge
where it meets the seawall; thence easterly to the western edge of the
Intracoastal Waterway Channel; thence southerly along the western edge
of the Intracoastal Waterway Channel to a point on the northeast corner
of Pier 7, and all waters westward of that imaginary line. This
security zone is necessary to ensure the waters surrounding the Broward
County Convention Center, which is the primary venue for the OAS
conference, are not used by persons attempting subversive acts. The
size of the security zone is necessary to provide law enforcement
officials with time and space to identify, query and stop vessels and
persons suspected of attempting subversive acts against the OAS
conference.
The Regulated Navigation Area (RNA) encompasses all waters
contained within an imaginary line from a point on the northwestern
corner of the 17th Street Causeway Bridge where it meets the seawall;
thence northerly to the northeast corner of Pier 6; thence easterly
across the Intracoastal Waterway and along and following the SE. 15th
Street shoreline to a point on land at the intersection of the SE. 15th
Street shoreline and the West Lake Drive Bridge; thence southerly along
the West Lake Drive Bridge to the northeast mouth of the unnamed canal
leading to Sylvan Lake; thence westerly across the canal and along and
following the southern shoreline of the Mercedes River encompassing all
waters of the Pier 66 Marina to a point on the northwestern point of
the Pier 66 Marina; thence south easterly and easterly along and
following the shoreline to a point of land directly north of Day Beacon
``6''; thence south to a point of land due south of Day Beacon ``7'';
thence westerly and southerly along and following the shoreline of John
U. Lloyd State Park to a point on the northern corner of the mouth of
Whiskey Creek; thence westerly to a point of land on the southern tip
of Pier 9; thence northerly along and following the shoreline to the
northeast corner of Pier 7; thence northwesterly along the western edge
of the Intracoastal Waterway to a point on the seawall at the
northwestern corner of the 17th Street Causeway Bridge where it meets
the seawall.
The RNA will require all vessels within the regulated area to
proceed continuously and 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. In no instance
should slow speed be interpreted as a speed less than that required to
maintain steerageway. Requiring vessels within the RNA to transit at
slow speed will allow law enforcement officials to identify, respond
to, query, and stop vessels that are suspected of presenting a threat
to the public, Port Everglades, and the OAS conference participants.
Additionally, the slow speed requirement will allow the Coast Guard to
adequately protect against threats of hostile and violent acts carried
out by smaller vessels against commercial vessels transiting within
Port Everglades.
Vessels greater than 100 feet shall not enter the RNA until
permission to enter is granted by the Maritime Operations
[[Page 32237]]
Center (MOC) or Designated Representative so that the MOC can better
direct traffic flow within the RNA.
The RNA prohibits all personal watercraft (PWCs) from operating
within the regulated area. For purposes of this rule, personal
watercraft refers to a vessel(s), less than 16 feet in length, which
uses an inboard, internal combustion engine powering a water jet pump
as its primary source of propulsion. PWCs are designed to be operated
by a person or persons sitting, standing or kneeling on the vessel,
rather than within the confines of the hull. The length is measured
from end to end over the deck excluding sheer, meaning a straight line
measurement of the overall length from the foremost part of the vessel
to the aftermost part of the vessel, measured parallel to the
centerline. Bowsprits, bumpkins, rudders, outboard motor brackets, and
similar fittings or attachments, are not included in the measurement.
Length is stated in feet and inches.
The regulation prohibits PWCs from operating within the RNA due to
their maneuverability, high speed, and minimal draft which allows them
to outrun law enforcement vessels, operate in shallow and restricted
areas and hurdle or dive under barriers erected by law enforcement
officials. These facts make PWCs the preferred vessel for persons
attempting subversive and violent acts against OAS conference
attendees, law enforcement officials and the public.
Rigid Hull Inflatable Boats (RHIBs) are also prohibited in the RNA
with the exception of RHIBs operated by licensed commercial salvors.
For purposes of this rule, Rigid Hull Inflatable Boats refers to a
vessel which has an inflatable fabric or rubber collar or a foam collar
surrounding the hull of the vessel. A RHIB's collar is normally joined
to a fiberglass hull on larger models or a fabric hull on smaller
models. Fabric hulls are often also themselves inflatable, or have an
inflatable keel and sometimes have a soft or reinforced floor slated
with wood or other rigid materials. RHIBs are powered by both outboard
and inboard-outboard propulsion and because of their lightweight can
easily be powered by oars as well. RHIBs' lightweight, enormous reserve
buoyancy, stability, speed, maneuverability, shallow draft and large
load-carrying capacity make them a preferred vessel for persons
attempting illegal and subversive acts. Additionally, models with
inflatable collars can be quickly deflated and stowed in small spaces
and even carry bags. The collars are also non-marking, making them the
preferred vessel for coming alongside other vessels, piers, docks, or
facilities for the purpose of loading or offloading persons and cargo
and thus, the preferred vessel for persons attempting unauthorized
boarding of commercial vessels and illegal entries into waterfront
facilities.
The RNA is necessary to ensure the safety of the public, Port
Everglades, and the OAS conference as persons may attempt to board
vessels while underway or moored in an effort to interrupt commerce and
port operations. Also, persons may attempt unauthorized entry into or
upon commercial and government facilities located along the main
shipping channels throughout Port Everglades. The RNA, by regulating
the movement of vessels, imposing a slow speed zone, and excluding
personal watercraft and rigid hull inflatable boats, will assist law
enforcement officials in ensuring the safety and security of Port
Everglades, the public and the OAS conference participants.
Nothing in the RNA alleviates vessels or operators from complying
with all state and local laws in the area, including manatee slow speed
zones.
The Brooks Memorial (SE. 17th Street) drawbridge, for which the
operational schedule is described in 33 CFR 117.261(ii), will remain
closed and only open upon direction of the Coast Guard Captain of the
Port Miami or MOC.
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).
We expect 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, because the RNA and security zone will be in
effect for a limited time over a limited area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Intracoastal waterway and Port
Everglades from June 4, 2005 through June 7, 2005. This rule will not
have a significant economic impact on a substantial number of small
entities, because the rule will only be in effect for a limited time
over a limited area. Vessel traffic may transit the Intracoastal
waterway at slow speed and travel around the security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. 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 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 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 rule would not result in such expenditure, we do
discuss the
[[Page 32238]]
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This 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 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.
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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,
paragraph (34)(g) and (32)(e), of the Instruction, from further
environmental documentation because we are establishing a RNA, security
zone and suspending a drawbridge operation regulation. Under figure 2-
1, paragraph (34)(g) and (32)(e), 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 117
Bridges.
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 117 and 165 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under authority of Pub L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.261, from June 4, 2005 until June 8, 2005, add
paragraph (rr) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(rr) The draw of the Brooks Memorial (SE. 17th Street) bridge, mile
1065.9 at Fort Lauderdale, shall remain closed unless ordered to open
by the COTP.
* * * * *
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
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.
0
4. Add new temporary Sec. 165.T07-031 to read as follows:
Sec. 165.T07-031 Temporary Regulated Navigation Area and temporary
security zone, Port Everglades, FL
(a) Locations.
(1) Regulated Navigation Area. The Regulated Navigation Area (RNA)
encompasses all waters contained within an imaginary line from a point
on the northwestern corner of the 17th Street Causeway Bridge where it
meets the seawall at 26[deg]06'02'' N, 080[deg]07'10'' W; thence
northerly to the northeast corner of Pier 6 at 26[deg]06'08'' N,
080[deg]07'12'' W; thence easterly across the Intracoastal waterway and
along and following the SE. 15th Street southern shoreline to a point
on land at the intersection of the SE. 15th Street shoreline and the
West Lake Drive Bridge at 26[deg]06'11'' N, 080[deg]06'47'' W; thence
southerly along the West Lake Drive Bridge to the northeast mouth of
the unnamed canal leading to Sylvan Lake at 26[deg]06'09'' N,
080[deg]06'47'' W; thence westerly across the canal and along and
following the southern shoreline of the Mercedes River encompassing all
waters of the Pier 66 Marina to a point on the northwestern point of
the Pier 66 Marina at 26[deg]06'09'' N, 080[deg]07'06'' W; thence south
easterly and easterly along and following the shoreline to a point of
land directly north of Day Beacon ``6'' at 26[deg]05'41'' N,
080[deg]06'31'' W; thence south to a point of land due south of Day
Beacon ``7'' at 26[deg]05'33'' N, 080[deg]06'31'' W; thence westerly
and southerly along and following the shoreline of John U. Lloyd State
Park to a point on the northern corner of the mouth of Whiskey Creek at
26[deg]04'96'' N, 080[deg]06'78'' W; thence westerly to a point of land
on the southern tip of Pier 9 at 26[deg]04'58'' N,
[[Page 32239]]
080[deg]06'52'' W; thence northerly along and following the shoreline
to the northeast corner of Pier 7 at 26[deg]05'23'' N, 080[deg]06'55''
W; thence northwesterly along the western edge of the Intracoastal
Waterway to the transect point on the 17th Street Causeway Bridge
thence westerly to where the northwestern corner of the 17th Street
Causeway Bridge meets the seawall at 26[deg]06'02'' N, 080[deg]07'07''
W. All coordinates reference datum NAD 1983.
(2) Security Zone. The Security Zone encompasses all waters from
surface to bottom contained within an imaginary line drawn from a point
at the northwest corner of the 17th Street Causeway Bridge where it
meets the seawall at 26[deg]06'02' N, 080[deg]07'07'' W; thence
easterly to the western edge of the Intracoastal Waterway Channel at
26[deg]06'02'' N, 080[deg]07'07'' W; thence southerly along the western
edge of the Intracoastal channel to a point on the northeast corner of
Pier 7 at 26[deg]05'23'' N, 080[deg]06'54'' W and all waters westward
of that imaginary line and adjacent to Port Everglades.
(b) Definitions.
Designated Representative means Coast Guard Patrol Commanders that
include commissioned, warrant, petty officers or auxiliary of the Coast
Guard, and Federal, State, and local officers that have been designated
as such by the Commander, Seventh Coast Guard District, the Captain of
the Port, Miami or the Coast Guard Maritime Operations Center (MOC).
Personal Watercraft (PWC) means, for the purposes of this section,
vessel(s) less than 16 feet in length, which uses an inboard, internal
combustion engine powering a water jet pump as its primary source of
propulsion. PWCs are designed to be operated by a person or persons
sitting, standing or kneeling on the vessel, rather than within the
confines of the hull. The length is measured from end to end over the
deck excluding sheer, meaning a straight line measurement of the
overall length from the foremost part of the vessel to the aftermost
part of the vessel, measured parallel to the centerline. Bowsprits,
bumpkins, rudders, outboard motor brackets, and similar fittings or
attachments, are not included in the measurement. Length is stated in
feet and inches.
Rigid Hull Inflatable Boat (RHIB) means, for purposes of this
section, a vessel that has an inflatable fabric or rubber collar or a
foam collar surrounding the hull of the vessel. A RHIB's collar is
normally joined to a fiberglass hull on larger models or a fabric hull
on smaller models. Fabric hulls are often also themselves inflatable,
or have an inflatable keel and sometimes have a soft floor or have a
reinforced floor slated with wood or other rigid materials.
Slow Speed means the speed at which a vessel proceeds when it is
fully off plane, completely settled into the water and not creating
excessive wake. In no instance should slow speed be interpreted as a
speed less than that required to maintain steerageway. 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 creating an excessive wake, on a plane or in the process of
coming up or coming off plane.
(c) Regulations.
(1) All Vessels transiting the Regulated Navigation Area (RNA)
shall proceed continuously and at a slow speed. Nothing in this rule
alleviates vessels or operators from complying with all State and local
laws in the area, including manatee slow speed zones.
(2) All vessels within the Regulated Navigation Area (RNA) shall
comply with the commands and instructions issued by the Designated
Representative, the Commander, Seventh Coast Guard District, the
Captain of the Port, Miami or the Coast Guard Marine Operations Center
(MOC).
(3) Vessels greater than 100 feet in length shall check in directly
with on-scene Designated Representative(s) or the MOC, via VHF channel
12 or telephone at (305) 535-8701 to obtain permission to enter or
transit the RNA. All vessels that require the Brooks Memorial (17th
Street) bascule bridge to open shall not enter the RNA until permission
to open the Brooks Memorial bridge and/or enter the RNA is granted by
the MOC or Designated Representative.
(4) No personal watercraft shall be permitted in the Regulated
Navigation Area except those operated by law enforcement personnel.
(5) No Rigid Hull Inflatable Boats shall be permitted in the
Regulated Navigation Area except those operated by law enforcement
personnel or licensed commercial salvage operators.
(6) Entry into or remaining within the Security Zone is prohibited
unless authorized by the Designated Representative, the Commander,
Seventh Coast Guard District, the Captain of the Port, Miami or the
Coast Guard Marine Operations Center (MOC). Persons desiring to enter
or transit the areas encompassed by the Security Zone may contact on-
scene Designated Representative(s) or the Coast Guard Maritime
Operations Center on VHF channel 12 or via telephone at (305) 535-8701
in order to obtain permission to transit the Security Zone. If
permission is granted, all persons and vessels must comply at all times
with the instructions of the Designated Representative, the Commander,
Seventh Coast Guard District, the Captain of the Port, Miami or the
Coast Guard Marine Operations Center (MOC).
(d) Effective dates. This section is effective from 12:01 a.m. on
June 4, 2005 until 12 p.m. on June 8, 2005.
Dated: May 26, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 05-11006 Filed 5-31-05; 12:51 pm]
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