[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Rules and Regulations]
[Pages 3617-3623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1424]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD07-04-090]
RIN 1625-AA11, 1625-AA87, 1625-AA01


Regulated Navigation Areas, Security Zones, and Temporary 
Anchorage Areas; St. Johns River, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a series of temporary 
regulated navigation areas, security zones and temporary anchorage 
areas on the St. Johns River, Jacksonville, FL, from Winter Point to 
the Intracoastal Waterway, for Super Bowl XXXIX activities and events. 
The river will be divided into two regulated navigation areas and four 
security zones in order to provide increased layered security in close 
proximity to the downtown area of the river. Additionally, the size of 
existing fixed security zones around docked cruise ships will be 
increased. Existing anchorage grounds will be modified and temporary 
anchorages will be added to accommodate the vessel traffic expected 
during the Super Bowl events. The regulated navigation areas, security 
zones and temporary anchorages are necessary to protect national 
security interests and the safety of navigation during Super Bowl 
events. These areas will be enforced at various designated time periods 
beginning February 2, 2005, through February 7, 2005. Entry into the 
security zones will be prohibited to all persons and vessels unless 
authorized by the Coast Guard Captain of the Port Jacksonville or his 
designated representatives.

[[Page 3618]]


DATES: This rule is effective from February 2, 2005, through February 
7, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD07-04-090 and are available for inspection or 
copying at Coast Guard Marine Safety Office Jacksonville between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James Tedtaotao 
at Coast Guard Marine Safety Office Jacksonville, FL, tel: (904) 232-
2640 ext 111.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 10, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Areas, Security Zones, and 
Temporary Anchorage Areas; St. Johns River, Jacksonville, FL in the 
Federal Register (Volume 69, Number 237). We received one letter 
commenting on the proposed rule. No public meeting was requested, and 
none was held.
    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. Delaying the effective date would 
be contrary to the public interest because the events will take place 
less than 30 days after publication and immediate action is needed to 
minimize potential danger to the public, port and waterways. There is 
significant national security interest during the Super Bowl in 
protecting the waterways surrounding downtown Jacksonville, cruise 
ships, nearby vessels, and the public from destruction, loss, or injury 
from sabotage or other subversive acts, accidents or other causes of a 
similar nature.

Background and Purpose

    In light of terrorist attacks on New York City and the Pentagon in 
Arlington, VA, on September 11, 2001, and the continuing concern for 
future terrorist and or subversive acts against the United States, 
especially at high visibility events where a large number of persons 
are likely to congregate, the Coast Guard is establishing temporary 
regulated navigation areas and security zones in certain waters of the 
St. Johns River.
    The Super Bowl is a sporting event, hosted each year in a different 
city in the United States, sponsored by the National Football League 
(NFL). Super Bowl XXXIX will be held in Jacksonville, FL, on Sunday, 
February 6, 2005, at ALLTEL Stadium. Security measures for Super Bowl 
XXXIX and the events preceding it, including temporary regulated 
navigation areas, security zones and anchorages designated herein, are 
necessary from February 2, 2005, to February 7, 2005, and are needed to 
safeguard the maritime transportation infrastructure, the public, and 
designated participants from potential acts of violence or terrorism 
during Super Bowl XXXIX activities.
    The planning for these regulated navigation areas and security 
zones has been conducted in conjunction with federal, state and local 
law enforcement agencies. There is significant national security 
interest during the Super Bowl in protecting the waterways surrounding 
downtown Jacksonville, cruise ships, nearby vessels, and the public 
from destruction, loss, or injury from sabotage or other subversive 
acts, accidents or other causes of a similar nature.
    These regulations amend existing security zones established at 33 
CFR Sec.  165.759 to increase the fixed security zones around cruise 
ships docked at the Talleyrand Marine Terminal and the Jacksonville 
Cruise Ship Passenger Terminal from 100 yards to 400 yards.
    These regulations also amend existing anchorage regulations 
established at 33 CFR 110.183 by removing Anchorage A, modifying 
Anchorage B, and establishing various temporary anchorages marked by 
buoys. Some of the temporary anchorages will be exclusively for use by 
small recreational vessels and others will be for larger recreational 
vessels and commercial vessels.

Discussion of Comments and Changes

    Coast Guard Marine Safety Office Jacksonville received one letter 
comment in response to the notice of proposed rulemaking. The letter 
requested clarification on the procedures by which permission to remain 
within a security zone by a vessel already in the zone when it becomes 
effective is requested from the Captain of the Port. The inquiry was 
addressed by telephone and the procedures described in paragraph (c)(2) 
of proposed Sec.  165.T07-090 were explained. Additionally, a minor 
modification to the text of the temporary final rule was made.
    This temporary final rule will incorporate the following changes to 
the proposed rule:
    (1) Security Zones: The proposed rule explained how vessels or 
persons desiring to enter or transit the security zones could seek 
permission from the Captain of the Port or his designated 
representatives on VHF Channel Marine 12, but did not give a 
corresponding instruction for vessels or persons desiring to remain 
when located within a zone at the time it becomes effective. This 
temporary final rule contains a clarifying sentence to include the 
instruction that vessels or persons within a security zone when it 
becomes effective may contact the Coast Guard Captain of the Port or 
his designated representatives on VHF Channel Marine 12 to seek 
permission to remain in the security zone.
    (2) Anchorage Regulations: The proposed rule added new paragraph 
(c) to existing anchorage regulations in 33 CFR 110.183 to modify the 
coordinates for Anchorage B. The temporary final rule changes the 
latitude of the point of beginning for Anchorage B from 30[deg]21'00'' 
N to 30[deg]20'50'' N, for greater accuracy.
    (3) Anchorage Regulations: The proposed rule added new paragraph 
(e) to existing anchorage regulations at 33 CFR Sec.  110.183 to limit 
anchoring between the Fuller Warren Bridge and the Matthews Bridge to 
recreational vessels 40 feet or less in length within areas to be 
marked by temporary buoys. This temporary final rule broadens the 
proposed restriction to allow anchoring between the Fuller Warren 
Bridge and the Matthews Bridge by recreational vessels 60 feet or less 
in length within areas to be marked by temporary buoys.

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[GRAPHIC] [TIFF OMITTED] TR26JA05.000

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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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although the regulated navigation areas apply to 
a large section of the St. Johns River, traffic will be allowed to pass 
through the zones with the permission of the Captain of the Port 
Jacksonville or his designated representatives. Additionally, the Coast 
Guard has consulted with industry representatives to obtain concurrence 
with the rule and has attended public meetings with recreational 
boaters to discuss impact of the rule. Before the effective period, the 
Coast Guard will issue maritime advisories widely available to users of 
the river.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on 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. This rule will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in portions of the St. Johns River at various 
times between February 2, 2005 and February 7, 2005.
    These regulations will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Each 
area, zone or anchorage restriction in this rule will only be in effect 
for a limited duration. With the exception of vessels carrying certain 
dangerous cargo as defined in 33 CFR 160.204, vessels will still be 
allowed to transit after obtaining authorization from the Captain of 
the Port or his designated representatives. All vessels carrying 
certain dangerous cargo as defined in 33 CFR 160.204 will be prohibited 
from transiting the security zones. Based upon consultation with local 
industry representatives it has been determined there is no regular 
traffic of such vessels on the St Johns River through the area of the 
anticipated security zones and no such traffic is expected.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. On 
December 10, 2004, we published a notice of proposed rulemaking (NPRM) 
for this rule in the Federal Register (Volume 69, Number 237) on 
December 10, 2004. One comment was received in response to the NPRM.
    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 it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use

[[Page 3621]]

voluntary consensus standards in their regulatory activities unless the 
agency provides Congress, through the Office of Management and Budget, 
with an explanation of why using these standards would be inconsistent 
with applicable law or otherwise impractical. Voluntary consensus 
standards are technical standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) that are developed or adopted 
by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 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)(f) and (g), of the Instruction, from further 
environmental documentation. As anchorage regulations, regulated 
navigation areas and security zones, the temporary final rules satisfy 
the requirements of paragraphs 34(f) and (g).
    Under figure 2-1, paragraph (34)(f) and (g) of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

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 parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 33 CFR 1.05-1(g; Department of Homeland Security Delegation 
No. 0170.1.


0
2. From 6 a.m.(EST) on February 2, 2005 until 11:59 p.m.(EST) on 
February 7, 2005, in Sec.  110.183, paragraphs (a) and (b) are 
suspended in their entirety and new paragraphs (c), (d) and (e) are 
added to read as follows:


Sec.  110.183  St. Johns River, Florida.

* * * * *
    (c) Anchorage B. (Lower Anchorage) The Anchorage is established 
within the following coordinates, the area enclosed by a line starting 
at a point on the eastern shore of the river at `Floral Bluff' at 
30[deg]20'50'' N, 081[deg]36'41'' W; thence to 30[deg]20'50'' N, 
081[deg]37'08'' W in vicinity of buoy G''75''; thence to 30[deg]21'50'' 
N, 081[deg]36'56'' W; thence to 30[deg]21'54'' N, 081[deg]36'48'' W; 
thence returning to the point of beginning.
    (d) Regulations. (1) Except in case of emergency, only vessels 
meeting the conditions of this paragraph will be authorized by the 
Captain of the Port to anchor in Anchorage B. Vessels unable to meet 
any of the following restrictions must obtain specific authorization 
from the Captain of the Port prior to anchoring in Anchorage B.
    (2) All vessels intending to enter and anchor in Anchorage B must 
notify the Captain of the Port prior to entering.
    (3) Anchorage B is a temporary anchorage. Additionally, Anchorage B 
is used as a turning basin. Vessels may not anchor for more than 24 
hours without specific written authorization from the Captain of the 
Port.
    (4) All vessels at anchor must maintain a watch on VHF-FM channels 
13 and 16 by a person fluent in English, and must make a security 
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
    (5) Anchorage B is restricted to vessels with a draft of 24 feet or 
less, regardless of length.
    (6) Any vessel transferring petroleum products within Anchorage B 
must have a pilot or Docking Master aboard, and employ sufficient 
assist tugs to assure the safety of the vessel at anchor and any 
vessels transiting the area.
    (7) Any vessel over 300 feet in length within Anchorage B must have 
a pilot or Docking Master onboard, and employ sufficient assist tugs to 
assure the safety of the vessel at anchor and any vessels transiting 
the area.
    (e) Temporary Anchorages. (1) Five temporary anchorage areas will 
be established in the waters of the St. Johns River between the Fuller 
Warren Bridge and the southern end of Anchorage B to exclusively 
accommodate recreational vessels, 60 feet in length or less, for 
various events during the effective period. Vessels must seek 
authorization from the Captain of the Port prior to anchoring. Up to 
twenty recreational vessels may raft outboard of one another. Buoys 
will mark all temporary anchorage areas.
    (2) Several temporary anchorage areas will be established in the 
waters north of the Matthews Bridge to accommodate larger recreational 
vessels and commercial vessels. Buoys will mark all temporary anchorage 
areas.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 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
4. From February 2, 2005, at 6 a.m.(EST) until February 7, 2005, at 
11:59 p.m.(EST) in Sec.  165.759, paragraph (a) is suspended and a new 
paragraph (e) is added to read as follows:


Sec.  165.759  Security Zones; Ports of Jacksonville, Fernandina, and 
Canaveral, Florida.

* * * * *
    (e) Regulated area. (1) Moving Security zones are established 
around all tank vessels, cruise ships, and military pre-positioned 
ships during transits entering or departing the ports of Jacksonville, 
Fernandina, and Canaveral, Florida. These moving security zones are 
activated when the subject vessels pass the St. Johns River Sea Buoy, 
at approximate position 30[deg]23'35'' N, 81[deg]19'08'' W, when 
entering the port of Jacksonville, or pass port Canaveral Channel 
Entrance Buoys  3 or  4, at respective approximate 
positions 28[deg]22.7' N, 80[deg]31.8' W, and 28[deg]23.7' N, 
80[deg]29.2' W when entering Port Canaveral. Fixed security zones are 
established 100 yards around all tank vessels and military pre-
positioned ships docked in the Ports of Jacksonville, Fernandina, and 
Canaveral, Florida.
    (2) Fixed security zones are established 100 yards around all 
cruise ships docked in the Ports of Jacksonville, Fernandina, and 
Canaveral, Florida except for security zones around vessels docked at 
the Talleyrand Marine Terminal and the Jacksonville Cruise Ship 
Passenger Terminal in the Port of Jacksonville that extend 400 yards 
around cruise ships.


0
5. Add Sec.  165.T07-090 to read as follows:

[[Page 3622]]

Sec.  165.T07-090  Regulated Navigation Areas and Security Zones; St. 
Johns River, Jacksonville, FL.

    (a) Locations. (1) Regulated navigation area; Winter Point to the 
Matthews Bridge.
    (i) Area. All waters, shore-to-shore and surface to bottom, between 
an imaginary line drawn between Winter Point (30[deg]18'36'' N, 
81[deg]40'36'' W), south through Winter Point Light 1 (30[deg]17'48'' 
N, 81[deg]40'24'' W) to Point La Vista (30[deg]16'42'' N, 
81[deg]39'48'' W), and the Matthews bridge, excluding the waters of the 
Arlington River east of an imaginary line between 30[deg]19'12'' N, 
81[deg]36'42'' W and 30[deg]19'00'' N, 81[deg]36'48'' W.
    (ii) Enforcement period. The regulated navigation area in paragraph 
(a)(1)(i) will be enforced from 6 a.m. on February 2, 2005, until 6 
p.m. on February 7, 2005.
    (2) Regulated navigation area; St. Johns River, Matthews Bridge to 
St. Johns Bluff Reach.
    (i) Area. All waters, surface to bottom, and bank to bank, within 
the St. Johns River from the Matthews Bridge to an imaginary line 
between the south bank of the Trout River at 30[deg]20'06'' N, 
81[deg]38'00'' W and 30[deg]23'06'' N, 81[deg]37'18'' W, and within 400 
yards of the Federal Channel of the St. Johns River, as visually marked 
by buoys and day boards, including around both sides of Blount Island, 
from an imaginary line between the south bank of the Trout River at 
30[deg]23'06'' N, 81[deg]38'00'' W and 30[deg]23'06'' N, 
81[deg]37'18''W, to an imaginary line at the front range light of the 
Fulton Cutoff Range between 30[deg]23'36'' N, 81[deg]30'06'' W South to 
30[deg]23'12'' N, 81[deg]30'06'' W.
    (ii) Enforcement period. The regulated navigation area in paragraph 
(a)(2)(i) will be enforced from 6 a.m. on February 2, 2005, until 6 
p.m. on February 7, 2005.
    (3) Security Zone, St. Johns River, Fuller Warren Bridge to the 
Matthews Bridge.
    (i) Area. All waters shore-to-shore and surface to bottom of the 
St. Johns River, between the Fuller Warren Bridge and the Matthews 
Bridge excluding the waters of the Arlington River east of an imaginary 
line between 30[deg]19'12'' N, 81[deg]36'42'' W and 30[deg]19'00'' N, 
81[deg]36'48'' W.
    (ii) Enforcement period. The security zone in paragraph (a)(3)(i) 
will be enforced from 11:59 p.m. on February 4, 2005, until 3 a.m. on 
February 7, 2005.
    (4) Security Zone, St. Johns River, Passenger terminals at JEA Park 
and the Transportation Hub.
    (i) Area. All waters extending 25 yards into the river and 
following the contour of the southern bank of the river between 
30[deg]19.04' N, 081[deg]38.59' W and 30[deg]18.53' N, 081[deg]38.40' 
W, and all waters extending 25 yards into the river and following the 
contour of the northern bank of the river between 30[deg]19.16' N, 
081[deg]38.50' W and 30[deg]19.16' N, 081[deg]38.41' W.
    (ii) Enforcement period. The security zone in paragraph (a)(4)(i) 
will be enforced from 6 a.m. on February 2, 2005, until 11:59 a.m. on 
February 7, 2005.
    (5) Security Zone, St. Johns River, Main Street Bridge to the Hart 
Bridge.
    (i) Area. All waters, extending 25 yards into the river and 
following the contour of the northern bank of the river, between the 
Main Street Bridge and the Hart Bridge.
    (ii) Enforcement period. The security zone in paragraph (a)(5)(i) 
will be enforced from 11:59 a.m. on February 6, 2005 until 3 a.m. on 
February 7, 2005.
    (6) Security Zone, St. Johns River, JEA Park to the Transportation 
Hub.
    (i) Area. All waters within the perimeter of the following: 
originating at 30[deg]19.04' N, 081[deg]38.59' W then north to 
30[deg]19.16' N, 081[deg]38.50' W, then east following the contour of 
the northern bank of the river to 30[deg]19.16' N, 081[deg]38.41' W, 
then south to 30[deg]18.53' N, 081[deg]38.40' W, and west following the 
contour of the south bank of the river to the origin at 30[deg]19.04' 
N, 081[deg]38.59' W.
    (ii) Enforcement period. The security zone in paragraph (a)(6)(i) 
will be enforced from 11:59 a.m. on February 6, 2005 until 3 a.m. on 
February 7.
    (b) Definitions.
    The following definitions apply to this section.
    Designated representatives means 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 Captain of the Port (COTP), 
Jacksonville, Florida, in the enforcement of the regulated navigation 
areas and security zones.
    Minimum Safe 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 minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe 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.
    Motorized personal watercraft means vessels less than 16 feet in 
length which are designed to be operated by a person or persons 
sitting, standing, or kneeling on the craft, rather than within the 
confines of a hull.
    (c) Regulations. (1) Regulated Navigation Areas. The regulations in 
paragraph (c)(1) apply to the areas in paragraphs (a)(1) and (a)(2) of 
this section.
    (i) All vessels and persons entering and transiting through the 
regulated navigation area must proceed continuously and at a minimum 
safe speed. In no instance should minimum safe speed be interpreted as 
a speed less than that required for a particular vessel to maintain 
steerageway. Nothing in this rule alleviates vessels or operators from 
complying with all state and local laws in the area.
    (ii) All vessels and persons must comply with orders from the Coast 
Guard Captain of the Port, Jacksonville, Florida, or that officer's 
designated representatives, regulating their speed, course, direction 
and movements within the regulated navigation areas.
    (2) Security zones. The regulations in this paragraph apply to the 
zones in paragraph (a)(3) through (a)(6) of this section. All vessels 
that seek entry to the zones, and those vessels located in the zones 
when the zones become effective, will be subject to a security 
screening. Vessel operators must receive express permission to enter, 
or, for vessels already inside the zone when it becomes effective, 
permission to remain in the security zone from federal, state or local 
personnel designated by the Captain of the Port; vessels must not 
transport or possess certain dangerous cargo as defined in 33 CFR 
160.204; and persons must not operate or place in the water jet skis or 
other motorized personal watercraft at any time while the security zone 
is in effect. Entry into and continued presence within the security 
zones by vessels or persons that entered without authorization from the 
Captain of the Port is prohibited unless authorized by the Coast Guard 
Captain of the Port, Jacksonville, Florida, or that officer's 
designated representatives. Vessels moored, docked or anchored in the 
security zones when they become effective must remain in place unless 
ordered by or given permission from the COTP to do otherwise. Security 
Zone (a)(5) further prohibits vessel movement within the zone without 
prior approval by the Captain of the Port or his designated 
representatives. Vessels or persons desiring to enter or transit the

[[Page 3623]]

areas encompassed by any of the security zones, or those vessels or 
persons located within a zone when it becomes effective and who desire 
to remain inside the zone, may contact the Coast Guard Captain of the 
Port or his designated representatives on VHF Channel Marine 12 to seek 
permission to enter, transit or remain in the zone. If permission is 
granted, all persons and vessels must comply with the instructions of 
the COTP or that officer's designated representatives.
    (d) Effective period. This section is effective from 6 a.m. on 
February 2, 2005, until 11:59 p.m. on February 7, 2005.

    Dated: January 12, 2005.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 05-1424 Filed 1-25-05; 8:45 am]
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