[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Proposed Rules]
[Pages 10496-10497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5718]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 96-954]
RIN 2115-AA97


Safety Zone; Port Everglades; Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish moving safety zones 
around naval aircraft carriers transiting the waters of Port 
Everglades, Fort Lauderdale, Florida. These proposed regulations are 
needed to protect all vessels and the public from the safety hazards 
associated with the arrival and departure of naval aircraft carriers 
making port calls. During arrival and departure, these types of vessels 
require the use of the center channel in Port Everglades for safe 
navigation and leave no room for other vessels to safely pass. 
Therefore, these proposed regulations are necessary for the safety of 
life on the navigable waters.

DATES: Comments must be received on or before May 6, 1997.

ADDRESSES: Comments may be mailed to Commanding Officer, U.S. Coast 
Guard, Marine Safety Office, Claude Pepper Federal Building., 51 SW 1st 
Ave., 5th Floor, Miami, FL 33130-1608, or may be hand delivered to Room 
501 at the same address, between 8 A.M. and 4 P.M., Monday through 
Friday, except federal holidays. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT: CDR R.M. Miles, Chief, Port Management 
and Response Department, USCG Marine Safety Office Miami at (305) 535-
8743.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice [COTP MIAMI 96-054], the specific section of this 
proposal to which their comments apply and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\''  x  11'' unbound format suitable for copying 
and electronic filing. If that is not practical, a second copy of any 
bound material is requested. Persons requesting acknowledgment of 
receipt of comments should enclose a stamped, self-addressed postcard 
or envelop. The Coast Guard will consider all comments received during 
the comment period. The regulations may be changed in view of the 
comments received. All comments received before the expiration of the 
comment period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if written 
requests for a hearing are received and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Discussion of Proposed Regulations

    These proposed regulations are needed to provide for the safety of 
life on the navigable waters during the arrival and departure of naval 
aircraft carriers in Port Everglades, Fort Laurderdale, Florida. These 
moving safety zones are necessary, because of the significant risks 
associated with naval aircraft carriers transiting the area due to 
their size, draft, and channel restrictions. Historically, the Coast 
Guard has established a moving safety zone each time these class of 
naval vessels has transited the waters of Port Everglades both to and 
from a port call. Given the recurring nature of these port calls and 
the safety dangers associated with naval aircraft carriers, the Coast 
Guard proposes to establish a moving safety zone around these vessels 
during their arrival and departure from Port Everglades, Fort 
Lauderdale, Florida.
    The proposed moving safety zone would be established in an area 700 
yards forward, 500 yards astern and 350 yards on either side of naval 
aircraft carriers entering or departing Port Everglades. The proposed 
safety zone regulations would only be established for a period of one 
and a half hours during the arrival and departure of these

[[Page 10497]]

vessels. The Coast Guard would assign a patrol and issue a Broadcast 
Notice to Mariners to advise mariners of established safety zone in 
advance of the naval aircraft carrier's arrival and departure. This 
proposed safety zone would be effective only during the time indicated 
in the Broadcast Notice to Mariners.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This conclusion is based on the limited duration of the 
moving safety zone, the extensive advisories that would be made to the 
affected maritime community and the minimal restrictions the safety 
zone regulations would place on vessel traffic. These regulations would 
be effective for a total of approximately 1\1/2\ hours for each inbound 
or outbound transit by a total of naval aircraft carrier.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    The Coast Guard certifies under 5 U.S.C. 605 (b) that this 
proposal, if adopted, would not have a significant economic impact on a 
substantial number of small entities. These proposed regulations would 
have a limited effect on small entities, because of the limited 
duration of the proposed regulations, the extensive advisories that 
would be made to the affected maritime community and the minimal 
restrictions the safety zone regulations would place on vessel traffic.

Collection of Information

    These proposed regulations contain no collection-of-information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This proposal has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 and it has been 
determined that the proposed rulemaking does not have sufficient 
Federalism implication to warrant the preparation of a Federalism 
Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal and has concluded that under paragraph 2.B.2.e(34)(b) of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29 
1994), this proposal is categorically excluded from further 
environmental documentation. Pursuant to 2.B.2.e(34)(g) of Commandant 
Instruction M16475.1B, a Categorical Exclusion Determination and 
Environmental Analysis Checklist has been created. Both the Categorical 
Exclusion Determination and Environmental Analysis Checklist are 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    For the reasons stated in the Preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:

PART 165--[AMENDED]

    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; 49 CFR 1.46.

    2. A new section Sec. 165.711 is added to read as follows:


Sec. 165.711  Safety Zone; Port Everglades, Fort Lauderdale, Fl.

    (a) Regulated Area. A moving safety zone is established in the 
following area:
    (1) Around naval aircraft carriers entering Port Everglades in an 
area 700 yards forward, 500 yards astern and 350 yards on either side 
of the vessel beginning at the Port Everglades Sea Buoy, in approximate 
position 26 deg.-05.5'N, 80 deg.-04.8'W, and continuing until the 
vessel is safely moored, in approximate position 26 deg.-04.9'N, 
80 deg.-06.9'W. All coordinates referenced use datum: NAD 83.
    (2) Around naval aircraft carriers departing Port Everglades in an 
area 700 yards forward, 500 yards astern and 350 yards on either side 
beginning at the pier, in approximate position 26 deg.-04.9'N, 
80 deg.-06.9'W, and continuing until the stern passes the Port 
Everglades Sea Buoy, in approximate position 26 deg.-05.5'N, 
80 deg.-04.8'W. All coordinates referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit, or 
remain in the safety zone unless authorized by the Captain of the Port, 
Miami, Florida, or a Coast Guard commissioned, warrant, or petty 
officer designated by him.
    (2) Vessels encountering emergencies which require transit through 
the moving safety zone should contact the Coast Guard patrol craft on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
craft may authorize a vessel to transit through the safety zone with a 
Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include Coast 
Guard commissioned, warrant, or petty officers. Coast Guard Auxiliary 
and local or state officials may be present to inform vessel operators 
of this regulation and other applicable laws.

    Dated: December 6, 1996.
D.F. Miller,
Captain, U.S. Coast Guard, Captain of the Port , Miami, FL.
[FR Doc. 97-5718 Filed 3-6-97; 8:45 am]
BILLING CODE 4910-14-M