[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32200-32201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15539]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP MIAMI 96-054]
RIN 2115-AA97
Safety Zone; Fort Lauderdale, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent moving safety zone
around naval aircraft carriers transiting the waters of Port
Everglades, Fort Lauderdale, Florida. These 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
regulations are necessary for the safety of life on the navigable
waters.
EFFECTIVE DATE: These regulations are effective on July 14, 1997.
FOR FURTHER INFORMATION CONTACT:
CDR R.M. Miles, Chief, Port Management and Response Department, USCG
Marine Safety Office Miami at (305) 535-8700.
SUPPLEMENTARY INFORMATION:
Regulatory History
A Notice of Proposed Rulemaking was published in the Federal
Register on March 7, 1997 (62 FR 10496). No comments were received
during the comment period.
Discussion of Regulations
These regulations are needed to provide for the safety of life on
navigable waters during the arrival and departure of naval aircraft
carriers in Port Everglades, Fort Lauderdale, 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
[[Page 32201]]
established a moving safety zone each time naval vessels of this class
have 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 is
establishing a permanent moving safety zone around these vessels during
their arrival and departure from Port Everglades, Fort Lauderdale,
Florida.
The safety zone will 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 safety zone will be
established for a period of approximately one and one half hours during
the arrival and departure of these vessels. The Coast Guard will assign
a patrol and issue a Broadcast Notice to Mariners to advise mariners of
the established safety zone in advance of the naval aircraft carrier's
arrival and departure. This safety zone will 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 will be made to the
affected maritime community and the minimal restrictions the
regulations will place on vessel traffic. These regulations will be in
effect for a total of approximately three hours per port call for these
vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601--612), 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 rule
would not have a significant economic impact on a substantial number of
small entities because of the short duration of the disruption to
regular navigation.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3512).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 and it has been determined
that the 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 under paragraph 2.B.2.e(34)(g) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), that
this proposal is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and Environmental
Analysis Checklist is available in the docket for inspection or
copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Final Regulations
In consideration of the foregoing, The Coast Guard amends Subpart C
of Part 165 of Title 33, Code of Federal Regulations, 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) The waters around naval aircraft carriers entering Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each 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) The waters around naval aircraft carriers departing Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each vessel 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
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of this regulation and other applicable laws.
Dated: May 9, 1997.
D.F. Miller,
Captain, U.S. Coast Guard, Captain of the Port, Miami, FL.
[FR Doc. 97-15539 Filed 6-12-97; 8:45 am]
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