[Federal Register: April 29, 2005 (Volume 70, Number 82)]
[Proposed Rules]
[Page 22287-22291]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap05-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 117 and 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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area, temporary security zone and temporary drawbridge
operation 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: Comments and related material must reach the Coast Guard on or
before May 20, 2005.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard, Sector Miami Prevention Office, 100 MacArthur Causeway, Miami
Beach, FL 33139. Sector 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 Sector Miami 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:
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 [CGD07-05-
031], 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 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.
Public Meeting
We do not now plan to hold a public meeting but we will discuss
this regulation with waterway users in and around the regulated area.
You may submit a request for a meeting by writing to Sector Miami 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 later notice in the Federal Register.
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.
[[Page 22288]]
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 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 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 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.
The RNA excludes Rigid Hull Inflatable Boats (RHIBs), 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 (S.E. 17th Street) drawbridge schedule
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.
[[Page 22289]]
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, 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 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 will not have a significant economic impact on a substantial
number of small entities. This proposed 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 proposed rule would 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 proposed 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 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
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.
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 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) and (32)(e), of the Instruction, from further
environmental documentation because we are establishing a RNA, security
zone and suspending a drawbridge
[[Page 22290]]
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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 117 and 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: 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.
2. Add 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, 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 west ward
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 use 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
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
[[Page 22291]]
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.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
3. 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.
4. 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 (S.E. 17th Street) bridge,
mile 1065.9 at Fort Lauderdale, shall remain closed unless ordered to
open by the COTP.
* * * * *
Dated: April 22, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-8570 Filed 4-28-05; 8:45 am]
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