[Federal Register: June 6, 2003 (Volume 68, Number 109)]
[Proposed Rules]
[Page 33896-33898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn03-26]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create a regulated navigation area
in Port Everglades Harbor, Fort Lauderdale, Florida to improve the
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 rule would establish a slow speed zone in the
harbor to control vessel speed and allow law enforcement vessels to
control vessel movement in this waterway.
DATES: Comments and related material must be received on or before July
21, 2003.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard, Marine Safety Office, 100 MacArthur
Causeway, Miami, Florida 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 proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commanding Officer, Marine Safety
Office 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
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) 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 would greatly aid law enforcement officers in managing vessel
traffic as any vessels not complying with the slow speed zone would
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.
On April 25, 2003, the Coast Guard issued a temporary final rule
entitled ``Regulated Navigation Area; Port Everglades Harbor, Fort
Lauderdale, Florida'' (68 FR 25498) creating a temporary regulated
navigation area identical to this proposed rule. That temporary rule
expires at 12:01 a.m. on September 1, 2003. Prior to the creation of
that temporary final rule, vessels were able to enter the harbor from
sea at a high rate of speed and maintain that high rate of speed in the
harbor until coming within close proximity of high capacity passenger
vessels, vessels carrying hazardous cargo, critical infrastructure
facilities and U.S. military vessels that are often moored within an
existing security zone or naval vessel protection 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 or naval vessel protection 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 proposed rule would relieve vessels or operators
from complying with all state and local laws in the regulated area,
including manatee slow speed zones.
Discussion of Rule
The rule would require 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 would
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 would facilitate law enforcement control of vessel
movement.
[[Page 33897]]
The regulated navigation area would be in the vicinity of Port
Everglades Harbor, Fort Lauderdale, Florida, and include 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 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). The Coast Guard expects 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. The
proposed regulated navigation area is narrowly tailored to protect the
public, ports, and waterways of the United States. Watercraft would
still be permitted to transit through the regulated navigation area but
would have to proceed at slow speed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed regulated navigation area is
narrowly tailored to protect the public, ports, and waterways of the
United States. Watercraft would still be permitted to transit through
the regulated navigation area but would be required to 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 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 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 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 this proposed rule would 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 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 does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We have analyzed this proposed 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 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
[[Page 33898]]
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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 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.
2. Add a new Sec. 165.765 to read as follows:
Sec. 165.765 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 rule 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.
Dated: 27 May 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-14306 Filed 6-5-03; 8:45 am]
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