[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Rules and Regulations]
[Pages 64527-64531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28531]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-03-144]
RIN 1625-AA00
RIN 1625-AA11
Regulated Navigation Area and Security Zones; Port of Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area and temporary security zones, from November 16, 2003
through November 21, 2003 during the Free Trade Area of the Americas
Conference (FTAA). The temporary regulated navigation area controls the
movement of all vessels operating in the Port of Miami in the vicinity
of the northwestern entrance of Dodge Island, western section of
Government Cut, Main Channel, Lummus Island Cut, Lummus Island Turning
Basin, Dodge Island Cut, MacArthur Causeway Bridge, Claughton Island,
Bayside Marina and on the Miami River up to the Flagler Street Bridge.
The security zones prohibit the entry of all vessels and persons into
the waters adjacent to the Intercontinental Hotel and the American
Airlines Arena. These regulations are required to provide for the
security of the public, the FTAA conference and its participants, and
the Port of Miami due to the potential for disturbances and hostile and
violent acts from various demonstrators protesting the FTAA conference.
DATES: This rule is effective from 12:01 a.m. on November 16, 2003
until 11:59 p.m. on November 21, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket [CGD07-03-144] and are available for
inspection and copying at U. S. Coast Guard, Marine Safety Office, 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 Douglas Tindall, Waterways
Management Office, (305) 535-8701.
SUPPLEMENTARY INFORMATION:
Good Cause
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 good cause
exists for not publishing an NPRM because it is impracticable and
contrary to public interest for the agency to do so. Information and
intelligence regarding the potential for disturbances and hostile and
violent acts by various protest groups continues to flow in and the
Coast Guard expects this flow to increase as the commencement of the
FTAA conference approaches. The Coast Guard must analyze the most
current information and take appropriate actions to protect the public,
the Port of Miami, and the FTAA participants.
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
Cities that have recently hosted trade conferences similar to the
FTAA conference have experienced significant property damage, and their
law enforcement officers and public citizens have sustained personal
injuries from a segment of protestors engaged in violent demonstrations
against those conferences and their agendas. Examples include the
September 2003 World Trade Organization (WTO) Ministerial in Cancun,
Mexico; the 2003 G-8 Summit in Calgary, Canada; the 2001 G-8 Summit in
Genoa; Italy and the 1999 World Trade Organization in Seattle,
Washington. These trade conferences experienced an influx of
protestors, and in particular protest groups opposing international
trade who have a propensity for violence and a desire to engage in
hostile acts against, among others, conference attendees, conference
venues, the general public, business and municipal buildings, and law
enforcement assets. Information and intelligence indicate that there is
a high potential for similar acts to be attempted during the upcoming
November FTAA conference in Miami, Florida.
[[Page 64528]]
This history has heightened the need for the development and
implementation of various security measures throughout the Port of
Miami, Florida, particularly around venue areas established for the
dignitaries and official parties attending the FTAA conference, the
primary waterways used by commercial shipping within the Port of Miami
and law enforcement staging areas. The Coast Guard has determined from
information provided by local, state, and federal law enforcement
officials that vessels or persons in close proximity to the FTAA
conference may launch hostile or violent acts from the waters adjacent
to the FTAA conference. The potential for these acts poses a security
threat to the public, the FTAA and its participants, the Port of Miami
and the flow of commerce within the Port of Miami. During similar past
trade conferences, protestors have used personal watercraft (PWCs) to
penetrate physical barriers surrounding conference venues and in
attempts to launch various projectiles at conference venues and
participants and law enforcement staging areas. They have also used
Rigid Hull Inflatable Boats (RHIBs) to facilitate unauthorized
boardings of commercial shipping and unauthorized entry into waterfront
facilities and buildings, including commercial and government
facilities. The use of high speed, highly maneuverable, shallow draft
watercraft, such as PWCs and RHIBs, poses a significant security threat
to FTAA conference venues, FTAA conference participants, the Port of
Miami, commerce within the Port of Miami, the public, and law
enforcement officers.
The temporary regulated navigation area and security zones are
being established to mitigate these threats and are necessary to
protect the public, the FTAA conference and attendees, law enforcement
officers, the Port of Miami and commerce within the port from persons
attempting hostile and violent acts, while preserving the rights of
persons engaging in lawful free speech activities and ensuring that the
flow of maritime commerce within the Port of Miami and on the Miami
River is not impeded.
Discussion of Rule
The temporary regulated navigation area (RNA) includes all waters
encompassed in the following areas: beginning from a mid-point on the
Fisher Island coast; thence running along the north shoreline of Fisher
Island; thence westerly to a point south of Dodge Island; thence
northwesterly to a point near Quick Flashing Green Marker ``15'';
thence southwesterly to the northeastern tip of Claughton Island;
thence west along the shoreline of Claughton Island; thence southerly
along the northern side of Claughton Island; thence westerly along the
northern side of the bridge that runs between Claughton Island and
Brickell Point; thence northeasterly along the eastern shoreline of
Brickell Point; thence encompassing the entire width of the Miami
River, from the mouth of the Miami River to the west side of the
Flagler Street Bridge; thence along the shoreline to the point that
land intersects the MacArthur Causeway Bridge; thence east to the point
near the northwestern shore of Watson Island; thence southwest along
the shoreline to a point near the southeastern tip of Terminal Island;
thence southeasterly back to the original point on Fisher Island.
The temporary RNA is necessary to ensure the safety of the public,
the Port of Miami, and the FTAA. All vessels within the temporary RNA
are subject to control by the Coast Guard Maritime Operations Center
(MOC). The temporary RNA requires all vessels greater than 100 feet to
check in with the MOC prior to entering or transiting the temporary RNA
via VHF Channel 12. It is recommended that all other vessels check in
with the MOC via VHF channel 12 prior to entering or transiting the
temporary RNA.
Essentially, the temporary RNA encompasses the waters that make up
the two main shipping channels on the north and south side of Dodge
Island and the Intracoastal Waterway on the west side of Dodge Island
and Watson Island in close proximity to FTAA venues. Information and
past experience indicate that FTAA demonstrators may attempt to
interfere with commercial shipping, both underway and while moored.
Attempts may include unauthorized boardings of vessels while underway
or moored in an effort to interrupt commerce and port operations.
Additionally, demonstrators may attempt unauthorized entry into or upon
commercial and government facilities located along the main shipping
channels throughout the Port of Miami for these same reasons. The
temporary RNA, by regulating the movement of vessels, imposing a slow
speed zone, and excluding personal watercraft and rigid hull inflatable
boats, will assist law enforcement officers in ensuring the safety and
security of the Port of Miami, the public and the FTAA.
The temporary RNA requires all vessels less than 100 feet within
the regulated area to proceed continuously and 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. In no instance should slow speed be interpreted as a
speed less than that required to maintain steerageway. Requiring
vessels within the temporary RNA to transit at slow speed will allow
law enforcement officers to identify, respond to, stop, and query
vessels that are suspected of presenting a threat to the public, the
Port of Miami, and the FTAA. Specifically, the slow speed requirement
will allow the Coast Guard to adequately protect against threats of
hostile and violent acts carried out by smaller vessels against
commercial vessels transiting within the Port of Miami. The slow speed
requirement enhances the ability of the MOC to control the movement of
vessels within the temporary RNA which will further provide for the
safety of the public, the Port of Miami and the FTAA.
The temporary RNA prohibits all personal watercraft (PWCs) from
operating within the regulated area. For purposes of this rule,
personal watercraft refers to a vessel(s), less than 16 feet in length,
which uses an inboard, internal combustion engine powering a water jet
pump as its primary source of propulsion. PWCs are designed to be
operated by a person or persons sitting, standing or kneeling on the
vessel, rather than within the confines of the hull. The length is
measured from end to end over the deck excluding sheer, meaning a
straight line measurement of the overall length from the foremost part
of the vessel to the aftermost part of the vessel, measured parallel to
the centerline. Bowsprits, bumpkins, rudders, outboard motor brackets,
and similar fittings or attachments, are not included in the
measurement. Length is stated in feet and inches.
The rule prohibits PWCs from operating within the temporary RNA due
to their maneuverability, high speed, and minimal draft,
characteristics which may allow them to outrun law enforcement vessels,
operate in shallow and restricted areas, and hurdle or dive under
barriers erected by law enforcement officials. PWCs would thus allow
protestors a means of unauthorized entry into restricted areas in which
they can carry out hostile and violent acts, such as launching
projectiles or throwing other dangerous objects at conference
participants. PWCs' unique capabilities make them a preferred
watercraft for persons attempting hostile and violent acts against the
public, the FTAA conference and attendees, law enforcement officers,
the Port of Miami and commerce within the port.
[[Page 64529]]
The temporary RNA prohibits Rigid Hull Inflatable Boats (RHIBs)
from operating within the RNA, with the exception of RHIBs operated by
licensed commercial salvors and RHIBs operated by designated law
enforcement officials. RHIBs operated by licensed commercial salvors
are excepted from this rule because they provide a vital maritime
service that would be impeded if they were prohibited from operating in
the RNA and because they present little or no threat of engaging in
hostile or violent acts as they are licensed by the Coast Guard and
known to the Captain of the Port of Miami.
For purposes of this rule, Rigid Hull Inflatable Boat refers to a
vessel(s) that has an inflatable fabric or rubber collar or a foam
collar surrounding the hull of the vessel. An RHIB's collar is normally
joined to a fiberglass hull on larger models or a fabric hull on
smaller models. Fabric hulls are often also themselves inflatable, or
have an inflatable keel and sometimes have a soft floor or a reinforced
floor slated with wood or other rigid materials. RHIBs are powered by
both outboard and inboard-outboard propulsion and because of their
light weight can easily be powered by oars as well. RHIBs' light weight
and the enormous reserve buoyancy and stability provided by their
collars gives them high performance features including speed and
maneuverability coupled with large load-carrying capacity and the
ability to operate in shallow areas. Additionally, models with
inflatable collars can be quickly deflated and stowed in small spaces
and even carry bags. The collars are also non-marking, making them a
preferred vessel for coming alongside other vessels, piers, docks, or
facilities for the purpose of onloading or offloading persons and
cargo, including for persons attempting unauthorized boardings of
shipping and unauthorized entries into waterfront facilities, or
placing unauthorized cargo onto shipping and facilities within the
port. RHIBs' unique characteristics make them a preferred vessel for
persons attempting hostile and violent acts against the public, the
FTAA conference and attendees, law enforcement officers, the Port of
Miami and commerce within the port.
Nothing in the temporary RNA relieves vessels or operators from
complying with all state and local laws in the area, including manatee
slow speed zones.
The temporary security zones prohibit all vessels from entering the
waters of Biscayne Bay adjacent to the Intercontinental Hotel and the
American Airlines Arena.
The Intercontinental Hotel Security Zone extends from the sea wall
along the hotel's property easterly out to the edge of the Intracoastal
Waterway channel. This security zone is necessary to ensure the waters
surrounding the Intercontinental Hotel, which is the primary venue for
the FTAA, are not used by persons attempting hostile and violent acts
against the FTAA. Extending the security zone out to the edge of the
Intracoastal Waterway is necessary to allow law enforcement officers
ample opportunity to identify, stop and query vessels and persons
suspected of attempting hostile and violent acts against the FTAA. The
waters encompassed by this security zone range from a depth of zero to
twelve feet and are subject to shoaling. Law enforcement vessels need a
sufficient depth of water in order to operate safely and maneuver
effectively. The shallow depth of water and shoaling within certain
areas encompassed by the security zone precludes law enforcement
vessels from being able to safely operate and maneuver in those areas.
Co-locating the eastern boundary of the security zone with the western
edge of Intracoastal Waterway is the best means to ensure law
enforcement vessels will have sufficient room to operate, maneuver, and
respond to shallow-draft vessels such as PWCs to provide effective
security within the waters surrounding the FTAA venue.
The American Airlines Arena security zone encompasses all waters,
shore to shore, within the American Airlines Arena Basin and extends
outward to the intersection of the Intracoastal Waterway and the
northern side of the Dodge Island Bridge. This security zone is
necessary to ensure that the waters surrounding the American Airlines
Arena are not used by persons and vessels attempting hostile and
violent acts against the FTAA and law enforcement officers. The
American Airlines Arena Basin will be used as law enforcement staging
area. Information and intelligence indicates that FTAA protestors may
attempt hostile and violent acts against law enforcement staging areas
assigned to patrol the FTAA venue(s). Extending the security zone out
to the northern side of the Dodge Island Bridge is necessary to allow
law enforcement officers ample opportunity to identify, stop and query
vessels and persons suspected of attempting hostile and violent acts
against the FTAA and law enforcement staging areas and officials. This
security zone is necessary to ensure adequate force protection is
provided for law enforcement staging areas and law enforcement officers
in the vicinity of the American Airlines Arena Basin.
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).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The temporary regulated
navigation area and security zones encompass a limited area and will be
in place for a limited period of time. The temporary regulated
navigation area allows all vessels, with the exception of PWCs and
RHIBs, to transit through the RNA. RHIBs operated by licensed
commercial salvors and designated law enforcement officials are not
prohibited from operating within the temporary RNA. Vessels greater
than 100 feet, upon checking in with the MOC, may transit through the
temporary RNA. The security zones prohibit all vessels from entry;
however, these zones are located outside of the navigable channels and
will not interfere with commercial or other legitimate maritime
interests.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' includes 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 temporary
rule will not have a significant economic impact on a substantial
number of small entities. The temporary security zones do not encompass
waters typically transited by commercial vessels. Additionally, there
are alternate routes to transit around the temporary security zones.
All vessels are permitted to transit the temporary regulated navigation
area, with the exception of PWCs and RHIBs. However, RHIBs operated by
licensed commercial salvors
[[Page 64530]]
are permitted to operate within the temporary RNA.
This temporary rule may affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit the RNA within the Port of Miami from November 16,
2003 to November 21, 2003. Before the effective period, we will issue
maritime advisories widely available to users of the Miami River and
the Port of Miami.
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. 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 businesses. 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 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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 does 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and we
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. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
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. 1226, 1231; 50 U.S.C. 191, 195; 46 U.S.C.
Chapter 701; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. From 12:01 a.m. on November 16, 2003 until 11:59 p.m. on November
21, 2003, add a new temporary section 165.T07-144 to read as follows:
Sec. 165.T07-144 Temporary regulated navigation area and temporary
security zones, Port of Miami, FL.
(a) Locations. (1) Regulated navigation area. All waters of the
Port of Miami, from surface to bottom, encompassed by a line commencing
at the north mid-point of Fisher Island at 25[deg]45.869[min]N,
080[deg]08.311[min]W; thence, westerly along the northern shoreline of
Fisher Island to 25[deg]45.843[min]N, 080[deg]08.942[min]W; thence,
westerly to a point south of Dodge Island at 25[deg]45.890[min]N,
080[deg]10.122[min]W; thence, northwest to a point near Quick Flashing
Green Marker ``15'' at 25[deg]46.153[min]N, 080[deg]10.223[min]W;
thence, northwesterly to a point at 25[deg]46.316[min]N,
080[deg]10.604[min] (located south of Dodge Island); thence,
northwesterly to the northeastern tip of Claughton Island at
25[deg]46.165[min]N, 080[deg]10.969[min]W; thence, along the northern
shoreline of Claughton Island, southeasterly along the western
shoreline to 25[deg]45.950[min]N, 080[deg]11.163[min]W at Claughton
Island; thence, westerly along the northern side of the bridge that
runs between Claughton Island and Brickell Point to
25[deg]45.943[min]N, 080[deg]11.308[min]W; thence, northeasterly along
the eastern shoreline of Brickell Point; thence, encompassing the
entire width of the Miami River, from the mouth of the Miami River to
the west side of the Flagler Street Bridge at 25[deg]46.434[min]N,
080[deg]12.046[min]W; thence, along the shoreline from the northern
[[Page 64531]]
side of the mouth of the Miami River to 25[deg]46.297[min]N,
080[deg]11.098[min]W; thence, northerly along the shoreline
northeasterly tip of the entrance to Bayside Marina at
25[deg]46.742[min]N, 080[deg]11.020[min]W; thence, northwesterly to a
point near the west entrance to the Dodge Island Bridge
25[deg]46.786[min]N, 080[deg]11.113[min]W; thence, northerly along the
shoreline to a point that intersects the MacArthur Causeway Bridge at
25[deg] 47.216[min]N, 080[deg]11.127[min]W; thence, easterly to a point
near the northwestern shore of Watson Island 25[deg] 47.241[min]N,
080[deg]10.760[min]W; thence, southeasterly along the shoreline to a
point near the southeastern tip of Terminal Island 25[deg]46.166[min]N,
080[deg]08.759[min]W; thence, southeasterly back to the original point
25[deg]45.869[min]N, 080[deg]08.311[min]W.
(2) Security zone; Intercontinental Hotel. All waters of the Port
of Miami, from surface to bottom, adjacent to the Intercontinental
Hotel, encompassed by a line commencing from the south Princessa Dock
at 25[deg]46.520[min]N, 080[deg]11.100[min]W at Bayfront Park; thence,
southerly along the shoreline to a point approximately 30 yards
southeast of the Intercontinental Hotel at 25[deg]46.290[min]N,
080[deg]11.100[min]W; thence, westerly along the shoreline to a point
50 yards southwest of the Intercontinental Hotel at
25[deg]46.210[min]N, 080[deg]11.300[min]W; thence, northeasterly to a
point in mid-channel at 25[deg]46.348[min]N, 080[deg]11.017[min]W;
thence, north along the channel to a point 25[deg]46.515[min]N,
080[deg]11.019[min]W; thence, northwesterly back to the original point.
All coordinates reference Datum NAD: 1983.
(3) Security zone; American Airlines Arena. All waters of the Port
of Miami, from surface to bottom, adjacent to the American Airlines
Arena, and within the American Airlines Arena Basin, encompassed by a
line commencing from the shore at 25[deg]47.02[min]N,
080[deg]11.12[min]W; thence, east to turning basin marker ``D'' at
25[deg]47.02[min]N, 80[deg]11.09[min]W; thence, southeasterly to
turning basin marker ``E'' at 25[deg]46.91[min]N, 080[deg]11.00[min]W;
thence, southeasterly to the tip of the west side fendering system at
25[deg]46.78[min]N, 080[deg]10.92[min]W for the Dodge Island Bridge at
the Intracoastal Waterway; thence, westerly along the north side of the
Dodge Island Bridge to where the bridge intersects the land at American
Airlines Arena; thence, north-northwesterly along the shoreline,
including all waters from shore to shore within the American Airlines
Arena Basin; thence, to 25[deg] 47.02[min], 080[deg] 11.12[min]W back
to the original point. All coordinates reference Datum NAD: 1983.
(b) Definitions. The following definitions apply to this section:
Designated Representatives. Coast Guard Patrol Commanders including
Coast Guard coxswains, petty officers and other officers operating
Coast Guard vessels, and federal, state, and local officers designated
by or assisting the Commander, Seventh Coast Guard District, the
Captain of the Port of Miami and the Coast Guard Maritime Operations
Center (MOC) to regulate the movement of vessels within the RNA and
restrict vessels and persons from entering the security zones.
Personal watercraft. A vessel, less than 16 feet in length, which
uses an inboard, internal combustion engine powering a water jet pump
as its primary source of propulsion. The vessel is intended to be
operated by a person or persons sitting, standing or kneeling on the
vessel, rather than within the confines of the hull. The length is
measured from end to end over the deck excluding sheer, meaning a
straight line measurement of the overall length from the foremost part
of the vessel to the aftermost part of the vessel, measured parallel to
the centerline. Bowsprits, bumpkins, rudders, outboard motor brackets,
and similar fittings or attachments, are not included in the
measurement. Length is stated in feet and inches.
Rigid hull inflatable boat. A vessel that has an inflatable fabric
or rubber collar or a foam collar surrounding the hull of the vessel.
The collar is normally joined to a fiberglass hull on larger models or
a fabric hull on smaller models. Fabric hulls are often also themselves
inflatable, or have an inflatable keel and sometimes have a soft floor
or reinforced floor slated with wood or other rigid materials.
Slow speed. 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. In no instance should slow
speed be interpreted as a speed less than that required to maintain
steerageway. A vessel is not proceeding at slow speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. (1) Regulated navigation area. The regulations in
this paragraph apply to the area in paragraph (a)(1) of this section.
(i) Vessels less than 100 feet entering and transiting through the
regulated navigation area shall proceed continuously and at a slow
speed. In no instance should slow speed be interpreted as a speed less
than that required to maintain steerageway. Nothing in this rule
alleviates vessels or operators from complying with all state and local
laws in the area, including manatee slow speed zones.
(ii) All vessels shall comply with orders from the Coast Guard
Marine Operations Center (MOC), or the MOC's designated
representatives, regulating their speed, course, direction and
movements within the RNA. All vessels greater than 100 feet shall check
in with the MOC prior to entering or transiting via VHF Channel 12. It
is recommended that all other vessels check in with the Coast Guard MOC
via VHF channel 12 prior to entering or transiting the RNA.
(iii) No personal watercraft, except those operated by law
enforcement officers, are permitted to operate within the RNA.
(iv) No Rigid Hull Inflatable Boats, except those operated by
licensed commercial salvors and law enforcement officers, are permitted
to operate within the RNA.
(2) Security zones. The regulations in this paragraph apply to the
zones in paragraph (a)(2) and (a)(3) of this section. Entry into or
remaining within the security zones is prohibited unless authorized by
the Coast Guard Captain of the Port, Miami, Florida or the Officer in
Charge of the Coast Guard Maritime Operations Center (MOC) or that
officer's designated representatives. Persons desiring to enter or
transit the areas encompassed by the security zones may contact the
Coast Guard Maritime Operations Center on VHF channel 12 or via
telephone at (305) 535-8701 to seek permission to enter or transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or the Officer in
Charge of the Coast Guard Maritime Operations Center (MOC) or that
officer's designated representatives.
(d) Effective period. This section is effective from 12:01 a.m. on
November 16, 2003, until 11:59 p.m. on November 21, 2003.
Dated: November 6, 2003.
Fred M. Rosa,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 03-28531 Filed 11-13-03; 8:45 am]
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