[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Rules and Regulations]
[Pages 46389-46392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17741]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Miami-02-054]
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, Florida; Hutchinson Island Power Plant, St. Lucie, 
Florida, and Turkey Point Power Plant, Florida City, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard will be maintaining temporary security zones 
in the Captain of the Port Miami area for national security reasons to 
protect the public and ports from potential subversive acts. Similar 
security zones have been in effect under temporary rules following the 
terrorist attacks of September 11, 2001, on the World Trade Center and 
Pentagon. While this temporary rule is in effect, the Coast Guard will 
engage in notice and comment rulemaking to propose that these security 
zones be made permanent. Entry into these zones will be prohibited, 
unless specifically authorized by the Captain of the Port, Miami, 
Florida, or his designated representative.

DATES: This rule is effective from 12 midnight on June 16, 2002 until 
11:59 p.m. on December 15, 2002. Comments and related material must 
reach the Coast Guard on or before September 13, 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 02-054] and are available for inspection or 
copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami 
Beach, FL 33139-6940, between 7:30 a.m. and 3 p.m. Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant 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

[[Page 46390]]

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 enforcement vessels in 
the vicinity to advise mariners of the restriction. While this rule is 
in effect, the Coast Guard will complete notice and comment rulemaking 
to develop permanent regulations tailored to the present and 
foreseeable security environment within the Captain of the Port Miami 
zone.

Request for Comments

    Although the Coast Guard has good cause to implement this 
regulation without a notice of proposed rulemaking, we want to afford 
the public the opportunity to participate in this rulemaking by 
submitting comments and related material regarding the size and 
boundaries of these security zones in order to minimize unnecessary 
burdens. If you do so, please include your name and address, identify 
the docket number for this rulemaking [COTP Miami 02-054] indicate the 
specific section of this document to which each comment applies, and 
give the reason for each comment. Please submit all comments and 
related material in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying. If you would like to know they reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during the comment 
period. We may change this temporary final rule in view of them.

Background and Purpose

    The terrorist attacks of September 2001 killed thousands of people 
and heightened the need for development of various security measures 
throughout the seaports of the United States, particularly those 
vessels and facilities which are frequented by foreign nationals and 
maintain an interest to national security. Following these attacks by 
well-trained and clandestine terrorists, national security and 
intelligence officials have warned that future terrorists attacks are 
likely.
    The Captain of the Port (COTP) of Miami has determined that 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 hazardous cargo 
vessels and high capacity passenger vessels entering, departing and 
moored within these ports. The same threat is posed to the power plants 
located at Hutchinson Island and Turkey Point and these security zones 
are necessary to protect the public, ports, and waterways of the United 
States from potential subversive acts.
    The Coast Guard Captain of the Port (COTP), Miami established 
temporary security zones in these areas shortly following the September 
11, 2001 attacks. Those temporary final rules (TFRs) issued before this 
rulemaking will expire soon:
    On September 11, 2001, the COTP issued a TFR (67 FR 9194, 9195, 
February 28, 2002, Docket # COTP Miami 01-093) for 100-yard security 
zones around certain vessels in the Port of Palm Beach, Miami, Port 
Everglades, and Key West, FL, that expired September 25, 2001. On 
September 25, 2001, the COTP issued another TFR (67 FR 1101, January 9, 
2002, COTP Miami 01-115) that maintained these 100-yard security zones 
around certain vessels in the Ports of Palm Beach, Miami, Port 
Everglades, and Key West, FL, and added a reference to specific points 
(buoys) where moving zones were activated and deactivated. This second 
TFR will expire June 15, 2002.
    On September 21, 2001, the COTP issued a TFR (67 FR 9194, 9195, 
February 28, 2002, Docket # COTP Miami 01-106) for security zones 
around Turkey Point and Saint Lucie, FL, nuclear power plants that 
expired November 21, 2001. On December 10, 2001, the COTP issued 
another TFR (67 FR 4355, January 30, 2002, COTP Miami 01-142) for 
security zones around these two nuclear power plants that will expire 
June 15, 2002.
    On October 7, 2001, the COTP issued a TFR (67 FR 6652, February 13, 
2002, COTP Miami 01-116) for fixed-security zones in Port Everglades 
and Miami, FL, that will expire June 15, 2002.
    On October 11, 2001, the COTP issued a TFR (67 FR 4177, January 29, 
2002, COTP Miami 01-122) for a fixed-security zone for Port Everglades, 
FL, that will expire June 15, 2002.

Discussion of Rule

    In this one rule, the COTP is combining the security zones 
discussed in the four immediately proceeding paragraphs. These zones 
are described below in the same order as they appear in the regulation, 
33 CFR 165.T07-054.
    Fixed and Moving Security Zones Around Vessels in the Ports of Palm 
Beach, Port Everglades, Miami, and Key West--Paragraph (a)(1) of this 
temporary rule will create 100-yard fixed and moving security zones in 
the 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. These security zones will be activated when a cruise ship, a 
vessel carrying cargoes of particular hazard or when a liquefied 
hazardous gas (LHG) vessel as defined in Title 33, Code of Federal 
Regulations parts 126 and 127 respectively, enter or moor within one of 
these Ports. The security zones will be activated when a subject vessel 
passes the sea buoy for inbound transits, and is deactivated when the 
vessel departs the port and passes the sea buoy.
    Fixed Security Zone in the Port of Miami--Paragraph (a)(2) of this 
temporary rule will create a fixed security zone encompassing all 
waters between the Port of Miami and MacArthur Causeway. The fixed 
security zones is activated when two or more high capacity passenger 
vessels, vessels carrying cargoes of particular hazard or when a 
liquefied hazardous gas (LHG) vessel as defined in Title 33, Code of 
Federal Regulations part 120, 126, and 127 respectively, enter or moor 
within this zone.
    Fixed Security Zones in Port Everglades--Paragraph (a)(3) of this 
temporary rule will create a fixed security zone encompassing the 
waters of the Intracoastal Waterway between the northern tip of Port 
Everglades berth 22 near Burt and Jacks Restaurant and a point directly 
east across the Intracoastal Waterway; and a line drawn from the corner 
of Port Everglades berth 29 at point easterly across the Intracoastal 
Waterway to John U. Lloyd Beach, State Recreational Area. The fixed 
security zone is activated when a cruise ship, a vessel carrying 
cargoes of particular hazard or when a liquefied hazardous gas (LHG) 
vessel as defined in Title 33, Code of Federal Regulations part 126 and 
127 respectively, enter or moor within this zone.
    Hutchinson Island Power Plant and Turkey Point Power Plant--
Paragraph (a)(4) of this temporary rule will create a security zone in 
waters around the Hutchinson Island (Port St. Lucie) nuclear power 
plant. The zone will include all waters within a line connecting the 
following points: 27 deg.21.20' N, 080 deg.16.26' W; 27 deg.19.18' N, 
080 deg.15.21' W; 27 deg.20.36' N, 080 deg.12.83' W; 27 deg.22.43' N, 
080 deg.13.8' W. Paragraph (a)(5) will create a security zone for 
Turkey Point power plant. The zone

[[Page 46391]]

will include all land and water within lines connecting the following 
points: 25 deg.26.8' N, 080 deg.16.8' W; 25 deg.26.8' N, 080 deg.21' W; 
25 deg.20' N, 080 deg.16.8' W; 25 deg.20' N, 080 deg.20.4' W.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary because vessel traffic 
may be minimally impacted for short periods to allow for the arrival 
and departure of high risk vessels. Alternate vessel traffic routes 
have also been accounted for to assist in minimizing delays. Also, the 
Captain of the Port of Miami may allow persons or vessels into these 
security zones on a case-by-case basis.

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 most small entities will be able to 
transit around the security zones and they 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 (Public Law 104-121), we offered to assist small 
entities in understanding this 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.

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act of 1995 (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.

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 would not create an 
environmental risk to health or risk to safety that might 
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 would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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 that order because it is not a ``significant 
regulatory 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because no environmental changes will be 
affected with the security zone implementation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

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.T07-054 is added to read as follows:

[[Page 46392]]

Sec. 165.T07-054  Security Zones, Port of Palm Beach, Port Everglades, 
Port of Miami, and Port of Key West, FL; St. Lucie Hutchinson Island, 
and Turkey Point Power Plants, FL.

    (a) The following areas are security zones:
    (1) Fixed and Moving Security Zones Around Vessels in the Ports of 
Palm Beach, Port Everglades, Miami, and Key West--Temporary moving 
security zones are established 100 yards around all high capacity 
passenger vessels, vessels carrying cargoes of particular hazard or 
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and 
127 respectively, 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.46'18" N, 080 deg.00'36" W when 
entering the Port of Palm Beach, passes ``PE'' buoy, at approximate 
position 26 deg.05'30" N, 080 deg.04'48" W when entering Port 
Everglades; the ``M'' buoy, at approximate position 25 deg.46'06" N, 
080 deg.05' when entering the Port of Miami; and ``KW'' buoy, at 
approximate position 24 deg.27'42" N, 081 deg.48'06" W when entering 
the Port of Key West. Temporary fixed security zones are established 
100 yards around all high capacity passenger vessels, vessels carrying 
cargoes of particular hazard or liquefied hazardous gas (LHG) as 
defined in 33 CFR parts 120, 126 and 127 respectively, while they are 
docked in the Ports of Palm Beach, Port Everglades, Miami or Key West, 
Florida.
    (2) Fixed Security Zone in the Port of Miami--A fixed security zone 
encompasses all waters between Watson Park and Star Island on the 
MacArthur Causeway south to the Port of Miami. 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, and MacArthur Causeway directly extending across the Main 
Channel to the Port of Miami, at 25 deg.46.32' N, 080 deg.09.23' W. The 
fixed security zone is activated when two or more of either a high 
capacity passenger vessel, a vessel carrying cargoes of particular 
hazard or when a liquefied hazardous gas (LHG) vessel as defined in 33 
CFR parts 120, 126, and 127 respectively, enter or moor within this 
zone.
    (i) Vessels may transit the Main Channel when only one cruise ship 
or vessel carrying cargoes of particular hazard are berthed, by staying 
on the north side of the law enforcement boats and cruise ship tenders 
which will mark a transit lane in channel.
    (ii) When high capacity passenger vessels are not berthed on the 
Main Channel, navigation will be unrestricted. Law enforcement vessels 
can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
    (3) Fixed Security Zones in the Port Everglades--A temporary fixed 
security zone encompasses 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 northern tip of pier 22 near 
Burt and Jacks Restaurant, Port Everglades, Florida. An additional 
temporary fixed security zone encompasses the Intracoastal Waterway 
between a line connecting point 26 deg.05.41' N, 080 deg.06.97' W on 
the northern tip of 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. The fixed security 
zone is activated when a cruise ship, a vessel carrying cargoes of 
particular hazard or when a liquefied hazardous gas (LHG) vessel as 
defined in 33 CFR parts 126 and 127 respectively, enter or moor within 
this zone.
    (i) Vessels may transit the Intercoastal Waterway when high 
capacity passenger vessels 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.
    (ii) 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 high capacity passenger vessels are not berthed 
on the Intercoastal Waterway, navigation will be unrestricted. Law 
enforcement vessels can be contacted on VHF Marine Band Radio, Channel 
16 (156.8 MHz).
    (4) Hutchinson Island Power Plant--A temporary security zone 
encompasses all waters within lines connecting the following points: 
27 deg.21.20' N, 080 deg.16.26' W; 27 deg.19.18' N, 080 deg.15.21' W; 
27 deg.20.36' N, 080 deg.12.83' W; 27 deg.22.43' N, 080 deg.13.8' W.
    (5) Turkey Point Power Plant--A temporary security zone encompasses 
all land and water within lines connecting the following points: 
25 deg.26.8' N, 080 deg.16.8' W; 25 deg.26.8' N, 080 deg.21' W; 
25 deg.20' N, 080 deg.16.8' W; 25 deg.20' N, 080 deg.20.4' W.
    (b) Regulations. (1) Prior to commencing the movement, the person 
directing the movement of a high capacity passenger vessel, a vessel 
carrying cargoes of particular hazard or when a liquefied hazardous gas 
(LHG) vessel as defined in 33 CFR parts 120, 126 and 127 respectively, 
shall make a security broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz) to advise mariners of the moving security zone activation 
and intended transit.
    (2) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into these zones is prohibited except as authorized by 
the Captain of the Port Miami or his designated representative. Certain 
industry vessels such as pilot boats, cruise ship tenders, tug boats 
and contracted security vessels may patrol these zones to strictly 
advise mariners of the restrictions. 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 zones are being 
enforced.
    (3) Persons desiring to enter or transit the area of the security 
zone may contact the Captain of the Port on VHF Marine Band Radio, 
Channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (4) The Captain of the Port Miami may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for the 
purpose of port security, safety or environmental safety.
    (c) Dates. This section is effective from 12 midnight on June 16, 
2002 until 11:59 p.m. on December 15, 2002.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: June 13, 2002.
J.A. Watson, IV,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 02-17741 Filed 7-12-02; 8:45 am]
BILLING CODE 4910-15-P