[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6652-6653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3513]



[[Page 6652]]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI-01-116]
RIN 2116-AA97


Security Zones; Port of Port Everglades, Fort Lauderdale, FL; 
Port of Miami, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary fixed security 
zones. One security zone encompasses the waterway located between 
MacArthur Causeway and Dodge Island in the Port of Miami. Another 
security zone encompasses the port area west of the Intracoastal 
Waterway in the north portion of Port Everglades in Fort Lauderdale, 
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 October 7, 2001 and 
will terminate at 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 docket COTP Miami 01-116 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 the Port of Miami 
and Port Everglades 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 Captain of the Port has previously established 
a temporary moving security zone for cruise ships and vessels carrying 
cargoes of particular hazard for both ports under docket numbers COTP 
Miami-01-115 [(67 FR 1101, January 9, 2002)] and COTP Miami-01-093 [(no 
longer effective, to be published in quarterly notice of temporary 
rules issued)].

Discussion of Rule

    We are creating two security zones: One in the Port of Miami, 
Florida and one in Port Everglades, Fort Lauderdale, Florida. These 
temporary fixed security zones are activated when cruise ships and 
vessels carrying cargoes of particular hazard are moored within these 
zones.
    The Port of Miami fixed security zone encompasses all waters 
between Watson Park and Star Island on the MacArthur Causeway south to 
the Port of Miami on Dodge Island. The western boundary is formed by an 
imaginary line from points 25 deg.46.76' N, 080 deg.10.87' W, to 
25 deg.46.77' N, 080 deg.10.92' W to 25 deg.46.88' N, 080 deg.10.84' W 
and ending on Watson Park at 25 deg.47.00' N, 080 deg.10.67' W. The 
eastern boundary is formed by an imaginary line from the traffic light 
located at Bridge road, which leads to Star Island on MacArthur 
Causeway directly extending across the Government Cut channel to Lummus 
Island, at 25 deg. 46.32' N, 080 deg.09.23' W.
    The Port Everglades fixed security zone includes all port waters 
west of a line starting at the northern most point 26 deg.05.98' N, 
080 deg.07.15' W, near the west side of the 17th Street Bridge, to the 
southern most point 26 deg.05.41' N, 080 deg.06.97' W on the tip of the 
pier near Burt and Jacks Restaurant, Port Everglades, Florida.
    The Captain of the Port will notify the public via Marine Safety 
Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz). Entry 
into these security zones is prohibited unless specifically authorized 
by the Captain of the Port, Miami, Florida, or his designated 
representative. Local and federal law enforcement officials will be 
patrolling these security zones.

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) this is a temporary zone and 
vessels may be allowed to enter the security zone on a case by case 
basis with the permission of the Captain of the Port.

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 small entities may be allowed to enter 
the zone on a case by case basis with 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 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

[[Page 6653]]

compliance with, Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates 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 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 create 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.T07-116 is added to read as follows:


Sec. 165.T07-116  Security Zones; Ports Everglades and the Port of 
Miami, Florida.

    (a) Port of Miami regulated area. A temporary fixed security zone 
is established encompassing all waters between Watson Park and Star 
Island on the MacArthur Causeway south to the Port of Miami on Dodge 
Island. The western boundary is formed by an imaginary line from points 
25 deg.46.76' N, 080 deg.10.87' W, to 25 deg.46.77' N, 080 deg.10.92' W 
to 25 deg.46.88' N, 080 deg.10.84' W and ending on Watson Park at 
25 deg.47.00' N, 080 deg.10.67' W. The eastern boundary is formed by an 
imaginary line from the traffic light located at Bridge road, which 
leads to Star Island on MacArthur Causeway directly extending across 
the Government Cut channel to Lummus Island, at 25 deg.46.32' N, 
080 deg.09.23' W.
    (b) Port Everglades regulated area. A temporary fixed security zone 
is established encompassing all waters west of an imaginary line 
starting at the northern most point 26 deg.05.98' N, 080 deg.07.15' W, 
near the west side of the 17th Street Bridge, to the southern most 
point 26 deg.05.41' N, 080 deg.06.97' W on the tip of the pier near 
Burt and Jacks Restaurant, Port Everglades, Florida.
    (c) Regulations. These temporary fixed security zones are activated 
when cruise ships and vessels carrying cargoes of particular hazard are 
moored within these zones. 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).
    (d) Dates. This section becomes effective at 11:59 p.m. on October 
7, 2001 and will terminate at 11:59 p.m. on June 15, 2002.

    Dated: October 7, 2001.
J.A. Watson, IV,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 02-3513 Filed 2-12-02; 8:45 am]
BILLING CODE 4910-15-P