[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]
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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.
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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]
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