[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Rules and Regulations]
[Pages 1101-1102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-546]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI-01-115]
RIN 2115-AA97


Security Zones; Port of Palm Beach, Palm Beach, FL; Port 
Everglades, Fort Lauderdale, FL; Port of Miami, Miami, FL; and Port of 
Key West, Key West, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary moving security 
zones 100 yards around all tank vessels loaded with hazardous cargo and 
passenger vessels with passengers aboard when these vessels enter or 
depart the Ports of Palm Beach, Port Everglades, Miami or Key West, 
Florida. We are also establishing temporary fixed security zones 100 
yards around all tank vessels loaded with hazardous cargo and passenger 
vessels with passengers aboard when these vessels are moored in the 
Ports of Palm Beach, Port Everglades, Miami, or Key West, Florida. 
These security zones are needed for national security reasons to 
protect the public and ports from potential subversive acts. Entry into 
these zones is prohibited, unless specifically authorized by the 
Captain of the Port, Miami, Florida, or his designated representative.

DATES: This rule is effective from 11:59 p.m. on September 25, 2001 
until 11:59 p.m. on June 15, 2002 unless terminated earlier by the 
Captain of the Port, Miami, Florida.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket COTP Miami 01-115 and are available for inspection 
or copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami 
Beach, FL 33139, between 7:30 p.m. and 4 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Joseph Boudrow, Coast Guard 
Marine Safety Office Miami, at (305) 535-8701.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule was issued, would be 
contrary to the public interest since immediate action is needed to 
protect the public, ports and waterways of the United States. For the 
same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard will issue a 
broadcast notice to mariners and place Coast Guard vessels in the 
vicinity to advise mariners of the restriction.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the Ports of Palm 
Beach, Miami, Port Everglades, and Key West, Florida against tank 
vessels and cruise ships entering, departing and moored within these 
ports. There will be Coast Guard and local police department patrol 
vessels on scene to monitor traffic through these areas.
    The security zone for the Port of Palm Beach is activated when a 
subject vessel passes the ``LW'' buoy, at approximate position 26 deg. 
46' 18N, 080 deg. 00' 36W. The security zone for the Port of Miami is 
activated when a subject vessel passes the ``M'' buoy, at approximate 
position 25 deg. 46' 06N, 080 deg. 05' 00W. The Port Everglades 
security zone starts when a subject vessel passes ``PE'' buoy, at 
approximate position 26 deg. 05' 30N, 080 deg. 04' 48W. And the 
security zone for the Port of Key West is activated when a subject 
vessel passes ``KW'' buoy, at approximate position 24 deg. 27' 42N, 
081 deg. 48' 06W. The zone for a vessel is deactivated when the vessel 
passes these buoys on its departure from port.
    The Captain of the Port will notify the public via Marine Safety 
Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz) of all 
active security zones in the ports by identifying the names of the 
vessels around which the zones are centered. Entry into these security 
zones is prohibited, unless specifically authorized by the Captain of 
the Port, Miami, Florida.

Regulatory Evaluation

    This 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 Transportation 
(DOT) (44 FR 11040; February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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 rule will 
not have a significant economic impact on a substantial number of small 
entities because small entities may be allowed to enter the zone on a 
case by case basis with the authorization of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 each agency's

[[Page 1102]]

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 rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Party

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. It is not 
economically significant and creates no environmental risk to health or 
risk to safety disproportionately affecting children.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationships 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 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 Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs 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), Reports 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, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-115 is added to read as follows:


Sec. 165.T07-115  Security Zones; Ports of Palm Beach, Port Everglades, 
Miami, and Key West, Florida.

    (a) Regulated area. Temporary moving security zones are established 
100 yards around all tank vessels with hazardous cargo onboard and all 
passenger vessels with passengers aboard during transits entering or 
departing the Ports of Palm Beach, Port Everglades, Miami or Key West, 
Florida. These moving security zones are activated when the subject 
vessel passes: ``LW'' buoy, at approximate position 26 deg. 46' 18N, 
080 deg. 00' 36W when entering the Port of Palm Beach, passes ``PE'' 
buoy, at approximate position 26 deg. 05' 30N, 080 deg. 04' 48W when 
entering Port Everglades; the ``M'' buoy, at approximate position 
25 deg. 46' 06N, 080 deg. 05' when entering the Port of Miami; and 
``KW'' buoy, at approximate position 24 deg. 27' 42N, 081 deg. 48' 06W 
when entering the Port of Key West. Temporary fixed security zones are 
established 100 yards around all tank vessels with hazardous cargo 
onboard and all passenger vessels with passengers aboard docked in the 
Ports of Palm Beach, Port Everglades, Miami or Key West, Florida.
    (b) Regulations. In accordance with the general regulations of 
Sec. 165.33 of this part, entry into these zones is prohibited except 
as authorized by the Captain of the Port, Miami or a Coast Guard 
commissioned, warrant, or petty officer designated by him. The Captain 
of the Port will notify the public via Marine Safety Radio Broadcast on 
VHF Marine Band Radio, Channel 22 (157.1 MHz) of all active security 
zones in port by identifying the names of the vessels around which they 
are centered.
    (c) Dates. This regulation becomes effective at 11:59 p.m. on 
September 25, 2001 and will terminate at 11:59 p.m. on June 15, 2002 
unless terminated earlier by the Captain of the Port, Miami, Florida.

    Dated: September 25, 2001.
J.A. Watson, IV,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 02-546 Filed 1-8-02; 8:45 am]
BILLING CODE 4910-15-U