[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Rules and Regulations]
[Pages 4177-4179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2153]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI-01-122]
RIN 2116-AA97


Security Zones; Port Everglades, Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone encompassing the Intracoastal Waterway near Port Everglades, 
Florida. This security zone is needed for national security reasons to 
protect the public, ports, and waterways from potential subversive 
acts. Entry into this zone is prohibited, unless specifically 
authorized by the Captain of the Port,

[[Page 4178]]

Miami, Florida, or his designated representative.

DATES: This rule is effective from 8 a.m. on October 12, 2001 until 
11:59 p.m. on June 15, 2002.

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 [COTP Miami 01-122] 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: LT Warren Weedon, 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 could be 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 zone.

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 Port Everglades 
against tank vessels and cruise ships entering, departing and moored 
within these ports. United States Coast Guard and local police 
department patrol vessels will patrol this zone. The Captain of the 
Port has previously established a fixed security zone for high capacity 
passenger vessels, and vessels carrying cargoes of particular hazard in 
dockets COTP Miami-01-093 and COTP Miami-01-115 (67 FR 1101, January 9, 
2002).
    Unauthorized vessels are prohibited from entering this temporary 
fixed security zone. The zone encompasses the waters of the 
Intracoastal Waterway between a line connecting point 26 deg.05.41' N, 
080 deg.06.97' W on the northern tip of Port Everglades berth 22 near 
Bert and Jacks Restaurant and a point directly east across the 
Intracoastal Waterway to 26 deg.05.41' N, 080 deg. 06.74' W; and a line 
drawn from the corner of Port Everglades berth 29 at point 
26 deg.04.72' N, 080 deg.06.92' W, easterly across the Intracoastal 
Waterway to John U. Loyd Beach, State Recreational Area at point 
26 deg.04.72' N, 080 deg.06.81' W. The temporary fixed security zones 
is activated when a high capacity passenger vessel or a vessel carrying 
cargoes of particular hazard as defined in Title 33 of the Code of 
Federal Regulations, part 126, enter or moor within this zone.
    Vessels may transit the Intracoastal Waterway when cruise ships are 
berthed, by staying east of the law enforcement boats and cruise ship 
tenders which will mark a transit lane in the Intracoastal Waterway. 
Periodically, vessels may be asked to temporarily hold their positions 
while large commercial traffic operates in this area. Vessels near this 
security zone must follow the orders of the law enforcement vessels on 
scene. When cruise ships are not berthed on the Intracoastal Waterway, 
the zone will remain in place, but navigation will be unrestricted. Law 
enforcement vessels can be contacted on VHF Marine Band Radio, Channel 
16 (156.8 MHz).
    The Captain of the Port will notify the public via Marine Safety 
Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz) when 
the zone is activated. Entry into this security zone 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) because this zone is only in 
effect when certain vessels enter or moor at certain berths in Port 
Everglades. Moreover, traffic will be allowed to enter and pass through 
this zone under the direction of U.S. Coast Guard or assisting law 
enforcement vessels.

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.
    Therefore, 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 the zone will only be in effect during 
certain times and small entities may be allowed to enter the zone 
during scheduled vessel escorts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they could 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 
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

[[Page 4179]]

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 Property

    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.

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.

Protection of Children

    We have analyzed this 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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), 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, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-122 is added to read as follows:


Sec. 165.T07-122  Security Zones; Ports Everglades, Fort Lauderdale, 
Florida.

    (a) Regulated area. The Captain of the Port is establishing a 
temporary fixed security zone on the Intracoastal Waterway and 
prohibiting unauthorized vessels from entering the zone. The zone 
encompasses the waters of the Intracoastal Waterway between a line 
connecting point 26 deg.05.41' N, 080 deg.06.97' W on the northern tip 
of Port Everglades berth 22 near Burt and Jacks Restaurant and a point 
directly east across the Intracoastal Waterway to 26 deg.05.41' N, 
080 deg.06.74' W; and a line drawn from the corner of Port Everglades 
berth 29 at point 26 deg.04.72' N, 080 deg.06.92' W, easterly across 
the Intracoastal Waterway to John U. Lloyd Beach, State Recreational 
Area at point 26 deg.04.72' N, 080 deg.06.81' W. This temporary fixed 
security zone is activated when a cruise ship or a vessel carrying 
cargoes of particular hazard, as defined in 33 CFR part 126, enter or 
moor within this zone.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port, a Coast Guard commissioned, 
warrant, or petty officer, or other law enforcement 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) 
when the security zone is activated.
    Vessels may transit the Intercoastal Waterway when cruise ships or 
vessels carrying cargoes of particular hazard are berthed, by staying 
east of the law enforcement boats and cruise ship tenders which will 
mark a transit lane in the Intercoastal Waterway. Periodically, vessels 
may be asked to temporarily hold their positions while large commercial 
traffic operates in this area. Vessels near this security zone must 
follow the orders of the law enforcement vessels on scene. When cruise 
ships are not berthed on the Intercoastal Waterway, the zone will 
remain in place, but navigation will be unrestricted. Law enforcement 
vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 
MHz).
    (c) Dates. This section is effective from 8 a.m. on October 12, 
2001 until 11:59 p.m. on June 15, 2002.

    Dated: October 11, 2001.
J.A. Watson, IV,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 02-2153 Filed 1-28-02; 8:45 am]
BILLING CODE 4910-15-U