[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Proposed Rules]
[Pages 33896-33898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14306]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a regulated navigation area 
in Port Everglades Harbor, Fort Lauderdale, Florida to improve the 
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 rule would establish a slow speed zone in the 
harbor to control vessel speed and allow law enforcement vessels to 
control vessel movement in this waterway.

DATES: Comments and related material must be received on or before July 
21, 2003.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard, Marine Safety Office, 100 MacArthur 
Causeway, Miami, Florida 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 proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer, Marine Safety 
Office Miami at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice 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) 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 would greatly aid law enforcement officers in managing vessel 
traffic as any vessels not complying with the slow speed zone would 
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.
    On April 25, 2003, the Coast Guard issued a temporary final rule 
entitled ``Regulated Navigation Area; Port Everglades Harbor, Fort 
Lauderdale, Florida'' (68 FR 25498) creating a temporary regulated 
navigation area identical to this proposed rule. That temporary rule 
expires at 12:01 a.m. on September 1, 2003. Prior to the creation of 
that temporary final rule, vessels were able to enter the harbor from 
sea at a high rate of speed and maintain that high rate of speed in the 
harbor until coming within close proximity of high capacity passenger 
vessels, vessels carrying hazardous cargo, critical infrastructure 
facilities and U.S. military vessels that are often moored within an 
existing security zone or naval vessel protection 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 or naval vessel protection 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 proposed rule would relieve vessels or operators 
from complying with all state and local laws in the regulated area, 
including manatee slow speed zones.

Discussion of Rule

    The rule would require 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 would 
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 would facilitate law enforcement control of vessel 
movement.

[[Page 33897]]

    The regulated navigation area would be in the vicinity of Port 
Everglades Harbor, Fort Lauderdale, Florida, and include 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 proposed 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 proposed rule to be so minimal that a full regulatory evaluation 
under the regulatory policies and procedures of DHS is unnecessary. The 
proposed regulated navigation area is narrowly tailored to protect the 
public, ports, and waterways of the United States. Watercraft would 
still be permitted to transit through the regulated navigation area but 
would have to proceed at slow speed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed regulated navigation area is 
narrowly tailored to protect the public, ports, and waterways of the 
United States. Watercraft would still be permitted to transit through 
the regulated navigation area but would be required to 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would 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 proposed rule would call 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 proposed rule 
under that Order and have determined that this proposed rule would 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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.

Environment

    We have analyzed this proposed 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 proposed 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.

Energy Effects

    We have analyzed this proposed 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

[[Page 33898]]

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.
    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, and 160.5; Department of Homeland Security 
Delegation No. 0170.

    2. Add a new Sec.  165.765 to read as follows:


Sec.  165.765  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 rule 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.

    Dated: 27 May 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-14306 Filed 6-5-03; 8:45 am]
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