[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]
BILLING CODE 4910-15-P