[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Pages 25498-25500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11811]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD07-03-069]
RIN 1625-AA11


Regulated Navigation Area; Port Everglades Harbor, Fort 
Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area in Port Everglades Harbor, Fort Lauderdale, Florida to 
improve national security and safety of the harbor and increase the 
safety of law enforcement officers and high-risk vessels in the 
vicinity of Port Everglades Harbor. This temporary final rule 
establishes a slow speed zone in the harbor to control vessel speed and 
allow law enforcement vessels to control vessel movement in this 
waterway.

DATES: This rule is effective from 12:01 a.m. on Monday, April 28, 
2003, until 12:01 a.m. on Monday, September 1, 2003. Comments and 
related material must be received on or before June 12, 2003.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard, Marine Safety Office, 100 MacArthur 
Causeway, Miami, FL 33139. The Captain of the Port Miami maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Jennifer Sadowski, Coast Guard 
Marine Safety Office Miami, Waterways Management at (305) 535-8701.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-03-
069], 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 self-addressed postcard or envelope. 
We will consider all comments and material received during the comment 
period. We may change this temporary rule in view of them.

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 NRPM. Publishing a NPRM and delaying 
the rule's effective date is contrary to national security and public 
safety, because immediate action is necessary to protect the public, 
ports, and waters 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.

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. The President declared 
national emergencies following the September 11, 2001 terrorist attacks 
and has continued them, specifically: the continuing national emergency 
with respect to terrorist attacks, at 67 FR 58317 (Sep. 13, 2002); and 
continuing national emergency with respect to persons who commit, 
threaten to commit, or support terrorism, at 67 FR 59447 (Sep. 20, 
2002). The President found pursuant to law, including the Magnuson Act 
(50 U.S.C. 191 et seq.), that the security of the United States is and 
continues to be endangered since the terrorist attacks on the United 
States of September 11, 2001, and that such disturbances continue to 
endanger the Security of the United States, at Executive Order 13,273, 
67 FR 56215 (Aug. 21, 2002). Following the attacks of well-trained and 
clandestine terrorists, national security and intelligence officials 
warned that future terrorist 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 Port Everglades because of the 
numerous high-capacity passenger vessels, vessels carrying hazardous 
cargo, critical infrastructure facilities including propane and 
petroleum processing facilities, and U.S. military vessels that utilize 
the port. Implementation of a port-wide slow speed regulated navigation 
area will greatly aid law enforcement officers in managing vessel 
traffic as any vessels not complying with the slow speed zone will 
quickly draw attention giving law enforcement more time to assess the 
situation and take appropriate action in protecting vessels within the 
port and port facilities. Prior to the creation of this temporary final 
rule, vessels were able to enter the harbor from sea at a high rate of 
speed and maintain a high rate of speed into the harbor until coming 
within close proximity of high capacity passenger vessels, vessels 
carrying hazardous cargo, critical

[[Page 25499]]

infrastructure facilities and U.S. military vessels that are often 
moored within an existing security zone. Law enforcement officers did 
not have sufficient time to react to vessels that failed to slow their 
speed prior to reaching the limits of the existing security zone. This 
regulated navigation area is necessary to protect the public, port, law 
enforcement officials, and waterways of the United States from 
potential subversive acts.
    Nothing in this rule relieves vessels or operators from complying 
with all state and local laws in the regulated area, including manatee 
slow speed zones.
    The Coast Guard intends to evaluate the need for making this 
temporary rule a permanent rule. We will consider comments solicited by 
this temporary rule and evaluate the effectiveness of this temporary 
rule in making that determination. The Coast Guard also anticipates 
publishing a notice of proposed rulemaking in the Federal Register to 
solicit additional comments. The notice and comment rulemaking process 
may be lengthy so this temporary rule is designed to be in effect until 
a final determination is made on whether a permanent rule is needed.

Discussion of Rule

    The rule requires all vessels within the regulated navigation area 
to proceed at slow speed. Slow speed is defined as the speed at which a 
vessel proceeds when it is fully off plane, completely settled into the 
water and not creating excessive wake. This rule will minimize the 
potential national security hazards that could result from a vessel 
being permitted to transit through the harbor, in the vicinity of high 
capacity passenger vessels, vessels carrying hazardous cargo, critical 
infrastructure facilities and U.S. military vessels, at a high rate of 
speed and will facilitate law enforcement control of vessel movement.
    The regulated navigation area is in the vicinity of Port Everglades 
Harbor, Fort Lauderdale, Florida, and includes all waters of the 
Atlantic Intracoastal Waterway and Port Everglades Harbor, from shore 
to shore, south of the 17th Street Bridge (at a line connecting 
26[deg]06.04'N, 080[deg]07.17'W and 26[deg]06.04'N, 080[deg]07.05'W), 
north of the intersection of the Dania Cut Off Canal and the 
Intracoastal Waterway (latitude 26[deg] 04.72'N) and west of a north-
south line connecting red day board  6 and green day board 
7 at the entrance to Port Everglades Harbor (longitude 
080[deg]06.30'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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full regulatory evaluation under the 
regulatory policies and procedures of DHS is unnecessary. The regulated 
navigation area is narrowly tailored to protect the public, ports, and 
waterways of the United States, and watercraft are still permitted to 
transit through the regulated navigation area but must proceed at slow 
speed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
upon a substantial number of small entities. The term ``small 
entities'' comprises 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. The regulated navigation area is narrowly tailored to protect 
the public, ports, and waterways of the United States, and vessels are 
still permitted to transit through the regulated navigation area but 
must proceed at slow speed.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact LTJG Jennifer Sadowski at (305) 535-8701 for 
assistance in understanding and participating in this rulemaking.
    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 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications 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 this rule 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. Although 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

[[Page 25500]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket 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 will 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.


0
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

0
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; Department of Homeland Security 
Delegation No. 0170.


0
2. Add temporary Sec.  165.T07-069 to read as follows:


Sec.  165.T07-069  Regulated Navigation Area; Port Everglades Harbor, 
Fort Lauderdale, Florida.

    (a) Location. The following area in the vicinity of Port Everglades 
Harbor is a regulated navigation area: all waters of the Atlantic 
Intracoastal Waterway and Port Everglades Harbor, from shore to shore, 
south of the 17th Street Bridge (at a line connecting 26[deg] 06.04'N, 
080[deg]07.17'W and 26[deg]06.04'N, 080[deg]07.05'W), north of the 
intersection of the Dania Cut Off Canal and the Intracoastal Waterway 
(latitude 26[deg] 04.72'N) and west of a north-south line connecting 
red day board 6 and green day board 7 at the entrance 
to Port Everglades Harbor (longitude 080[deg] 06.30'W).
    (b) Regulations. Vessels entering and transiting through the 
regulated navigation area shall proceed at a slow speed. Nothing in 
this section alleviates vessels or operators from complying with all 
state and local laws in the area, including manatee slow speed zones.
    (c) Definition. As used in this section, slow speed means the speed 
at which a vessel proceeds when it is fully off plane, completely 
settled in the water and not creating excessive wake. Due to the 
different speeds at which vessels of different sizes and configurations 
may travel while in compliance with this definition, no specific speed 
is assigned to slow speed. A vessel is not proceeding at slow speed if 
it is:
    (1) On a plane;
    (2) In the process of coming up on or coming off of plane; or
    (3) Creating an excessive wake.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Monday, April 28, 2003, until 12:01 a.m. on Monday, September 1, 2003.

    Dated: April 25, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-11811 Filed 5-12-03; 8:45 am]
BILLING CODE 4910-15-P