[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Proposed Rules]
[Pages 22287-22291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8570]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 117 and 165

[CGD07-05-031]
RIN 1625-AA11, 1625-AA87 and 1625-AA09


Regulated Navigation Area, Security Zone and Drawbridge Operation 
Regulations; Port Everglades, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated 
navigation area, temporary security zone and temporary drawbridge 
operation regulation during the Organization of American States (OAS) 
conference. These regulations are needed to provide for public safety 
and security during the OAS conference. The regulations will control 
the movement of vessels within the regulated navigation area, restrict 
access to the security zone, and alter the schedule of the Brooks 
Memorial Bascule Bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before May 20, 2005.

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

FOR FURTHER INFORMATION CONTACT: Lieutenant Douglas Tindall, Waterways 
Management Office, at (305) 535-8701.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-05-
031], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting but we will discuss 
this regulation with waterway users in and around the regulated area. 
You may submit a request for a meeting by writing to Sector Miami at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    Incidents of property damage and destruction during previous 
international conferences such as 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, the 1999 
Seattle World Trade Organization (WTO) Ministerial, and the 2003 Free 
Trade Area of the Americas (FTAA) conference in Miami, Florida indicate 
the potential for damage and destruction exists at the OAS conference 
in Ft. Lauderdale. Historically, trade conferences have experienced an 
influx of protestors and protest groups that oppose free international 
trade initiatives. Some of these groups have a propensity for violence 
and engage in seditious acts against conference attendees, conference 
venues, the general public, businesses, municipal buildings, and law 
enforcement personnel and equipment. Current information and 
intelligence indicates that there is a high potential for these groups 
to attempt similar acts during the OAS conference in Ft. Lauderdale.
    Additionally, the Coast Guard has received information from local, 
state, and federal law enforcement officials that persons may launch 
subversive acts from the waters surrounding OAS conference venues. In 
the past, such subversive acts have included the use of personal 
watercraft to penetrate physical barriers in an attempt to launch 
projectiles at conference venues and participants. Certain groups have 
also used Rigid Hull Inflatable Boats (RHIBs) to facilitate 
unauthorized boardings of commercial ships. The use of high speed, 
highly maneuverable low draft watercraft such as personal watercraft 
and RHIBs poses a significant security threat to OAS venues, 
participants, Port Everglades and the public.

[[Page 22288]]

    These regulations are being established to mitigate the above-
mentioned threats and are necessary to protect the public, attendees, 
law enforcement officials and port operations from violent, disruptive 
and seditious acts.

Discussion of Rule

    The temporary security zone will prohibit all persons and vessels 
from entering the waters contained within an imaginary line drawn from 
a point at the southwest corner of the 17th Street Causeway Bridge 
where it meets the seawall; thence easterly to the western edge of the 
Intracoastal Waterway Channel; thence southerly along the western edge 
of the Intracoastal channel to a point on the northeast corner of Pier 
7 and all waters westward of that imaginary line. This security zone is 
necessary to ensure the waters surrounding the Broward County 
Convention Center, which is the primary venue for the OAS conference, 
are not used by persons attempting subversive acts. The size of the 
security zone is necessary to provide law enforcement officials with 
time and space to identify, query and stop vessels and persons 
suspected of attempting subversive acts against the OAS conference.
    The Regulated Navigation Area (RNA) encompasses all waters 
contained within an imaginary line from a point on the northwestern 
corner of the 17th Street Causeway Bridge where it meets the seawall; 
thence northerly to the northeast corner of Pier 6; thence easterly 
across the Intracoastal Waterway and along and following the SE 15th 
Street shoreline to a point on land at the intersection of the SE 15th 
Street shoreline and the West Lake Drive Bridge; thence southerly along 
the West Lake Drive Bridge to the northeast mouth of the unnamed canal 
leading to Sylvan Lake; thence westerly across the canal and along and 
following the southern shoreline of the Mercedes River encompassing all 
waters of the Pier 66 Marina to a point on the northwestern point of 
the Pier 66 Marina; thence south easterly and easterly along and 
following the shoreline to a point of land directly north of Day Beacon 
``6''; thence south to a point of land due south of Day Beacon ``7''; 
thence westerly and southerly along and following the shoreline of John 
U. Lloyd State Park to a point on the northern corner of the mouth of 
Whiskey Creek; thence westerly to a point of land on the southern tip 
of Pier 9; thence northerly along and following the shoreline to the 
northeast corner of Pier 7; thence northwesterly along the western edge 
of the Intracoastal Waterway to a point on the seawall at the 
northwestern corner of the 17th Street Causeway Bridge where it meets 
the seawall.
    The RNA will require all vessels 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 RNA to transit at 
slow speed will allow law enforcement officials to identify, respond 
to, query, and stop vessels that are suspected of presenting a threat 
to the public, Port Everglades, and the OAS conference participants. 
Additionally, 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 
Port Everglades.
    Vessels greater than 100 feet shall not enter the RNA until 
permission to enter is granted by the Maritime Operations Center (MOC) 
or Designated Representative so that the MOC can better direct traffic 
flow within the RNA.
    The 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 regulation prohibits PWCs from operating within the RNA due to 
their maneuverability, high speed, and minimal draft which allows them 
to outrun law enforcement vessels, operate in shallow and restricted 
areas and hurdle or dive under barriers erected by law enforcement 
officials. These facts make PWCs the preferred vessel for persons 
attempting subversive and violent acts against OAS conference 
attendees, law enforcement officials and the public.
    The RNA excludes Rigid Hull Inflatable Boats (RHIBs), with the 
exception of RHIBs operated by licensed commercial salvors. For 
purposes of this rule, Rigid Hull Inflatable Boats refers to a vessel, 
which has an inflatable fabric or rubber collar or a foam collar 
surrounding the hull of the vessel. A 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 or reinforced floor slated 
with wood or other rigid materials. RHIBs are powered by both outboard 
and inboard-outboard propulsion and because of their lightweight can 
easily be powered by oars as well. RHIBs' lightweight, enormous reserve 
buoyancy, stability, speed, maneuverability, shallow draft and large 
load-carrying capacity make them a preferred vessel for persons 
attempting illegal and subversive acts. 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 the 
preferred vessel for coming alongside other vessels, piers, docks, or 
facilities for the purpose of loading or offloading persons and cargo 
and thus, the preferred vessel for persons attempting unauthorized 
boarding of commercial vessels and illegal entries into waterfront 
facilities.
    The RNA is necessary to ensure the safety of the public, Port 
Everglades, and the OAS conference as persons may attempt to board 
vessels while underway or moored in an effort to interrupt commerce and 
port operations. Also, persons may attempt unauthorized entry into or 
upon commercial and government facilities located along the main 
shipping channels throughout Port Everglades. The 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 officials in ensuring the safety and security of Port 
Everglades, the public and the OAS conference participants.
    Nothing in the RNA alleviates vessels or operators from complying 
with all state and local laws in the area, including manatee slow speed 
zones.
    The Brooks Memorial (S.E. 17th Street) drawbridge schedule 
described in 33 CFR 117.261(ii) will remain closed and only open upon 
direction of the Coast Guard Captain of the Port Miami or MOC.

[[Page 22289]]

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary, because the RNA and security zone 
will be in effect for a limited time over a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed rule will affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to transit or anchor in a portion of the 
Intracoastal waterway and Port Everglades from June 4, 2005 through 
June 7, 2005. This proposed rule would not have a significant economic 
impact on a substantial number of small entities, because the rule will 
only be in effect for a limited time over a limited area. Vessel 
traffic may transit the Intracoastal waterway at slow speed and travel 
around the security zone.

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 this proposed rule so that they could better 
evaluate its effects on them and participate in the rulemaking process. 
Small entities may contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking. The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that 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 proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of 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 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 proposed 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 M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded under figure 2-1, 
paragraph (34)(g) and (32)(e), of the Instruction, from further 
environmental documentation because we are establishing a RNA, security 
zone and suspending a drawbridge

[[Page 22290]]

operation regulation. Under figure 2-1, paragraph (34)(g) and (32)(e), 
of the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects

33 CFR Part 117

    Bridges.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 117 and 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 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.

    2. Add temporary Sec.  165.T07-031 to read as follows:


Sec.  165.T07-031  Temporary Regulated Navigation Area and temporary 
security zone, Port Everglades, FL

    (a) Locations--(1) Regulated Navigation Area. The Regulated 
Navigation Area (RNA) encompasses all waters contained within an 
imaginary line from a point on the northwestern corner of the 17th 
Street Causeway Bridge where it meets the seawall at 26[deg]06'02'' N, 
080[deg]07'10'' W; thence northerly to the northeast corner of Pier 6 
at 26[deg]06'08'' N, 080[deg]07'12'' W; thence easterly across the 
Intracoastal waterway and along and following the SE 15th Street 
southern shoreline to a point on land at the intersection of the SE 
15th Street shoreline and the West Lake Drive Bridge at 26[deg]06'11'' 
N, 080[deg]06'47'' W; thence southerly along the West Lake Drive Bridge 
to the northeast mouth of the unnamed canal leading to Sylvan Lake at 
26[deg]06'09'' N, 080[deg]06'47'' W; thence westerly across the canal 
and along and following the southern shoreline of the Mercedes River 
encompassing all waters of the Pier 66 Marina to a point on the 
northwestern point of the Pier 66 Marina at 26[deg]06'09'' N, 
080[deg]07'06'' W; thence south easterly and easterly along and 
following the shoreline to a point of land directly north of Day Beacon 
``6'' at 26[deg]05'41'' N, 080[deg]06'31'' W; thence south to a point 
of land due south of Day Beacon ``7'' at 26[deg]05'33'' N, 
080[deg]06'31'' W; thence westerly and southerly along and following 
the shoreline of John U. Lloyd State Park to a point on the northern 
corner of the mouth of Whiskey Creek at 26[deg]04'96'' N, 
080[deg]06'78'' W; thence westerly to a point of land on the southern 
tip of Pier 9 at 26[deg]04'58'' N, 080[deg]06'52'' W; thence northerly 
along and following the shoreline to the northeast corner of Pier 7 at 
26[deg]05'23'' N, 080[deg]06'55'' W; thence northwesterly along the 
western edge of the Intracoastal Waterway to the transect point on the 
17th Street Causeway Bridge thence westerly to where the northwestern 
corner of the 17th Street Causeway Bridge meets the seawall at 
26[deg]06'02'' N, 080[deg]07'07'' W. All coordinates reference datum 
NAD 1983.
    (2) Security Zone. The Security Zone encompasses all waters from 
surface to bottom contained within an imaginary line drawn from a point 
at the northwest corner of the 17th Street Causeway Bridge where it 
meets the seawall at 26[deg]06'02'' N, 080[deg]07'07'' W; thence 
easterly to the western edge of the Intracoastal Waterway Channel at 
26[deg]06'02'' N; 080[deg]07'07'' W; thence southerly along the western 
edge of the Intracoastal channel to a point on the northeast corner of 
Pier 7 at 26[deg]05'23'' N, 080[deg]06'54'' W and all waters west ward 
of that imaginary line and adjacent to Port Everglades.
    (b) Definitions.
    Designated Representative means Coast Guard Patrol Commanders that 
include commissioned, warrant, petty officers or auxiliary of the Coast 
Guard, and federal, state, and local officers that have been designated 
as such by the Commander, Seventh Coast Guard District, the Captain of 
the Port, Miami or the Coast Guard Maritime Operations Center (MOC).
    Personal Watercraft (PWC) means, for the purposes of this section, 
vessel(s), less than 16 feet in length, which use 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.
    Rigid Hull Inflatable Boat (RHIB) means, for purposes of this 
section, a vessel that has an inflatable fabric or rubber collar or a 
foam collar surrounding the hull of the vessel. A 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 have 
reinforced floor slated with wood or other rigid materials.
    Slow Speed means 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. Due to the 
different speeds at which vessels of different sizes and configurations 
may travel while in compliance with this definition, no specific speed 
is assigned to slow speed. A vessel is not proceeding at slow speed if 
it is creating an excessive wake, on a plane or in the process of 
coming up or coming off plane.
    (c) Regulations. (1) All vessels transiting the Regulated 
Navigation Area (RNA) shall proceed continuously and at a slow speed. 
Nothing in this rule alleviates vessels or operators from complying 
with all state and local laws in the area, including manatee slow speed 
zones.
    (2) All vessels within the Regulated Navigation Area (RNA) shall 
comply with the commands and instructions issued by the Designated 
Representative, the Commander, Seventh Coast Guard District, the 
Captain of the Port, Miami or the Coast Guard Marine Operations Center 
(MOC).
    (3) Vessels greater than 100 feet in length shall check in directly 
with on-scene Designated Representative(s) or the MOC, via VHF channel 
12 or telephone at (305) 535-8701 to obtain permission to enter or 
transit the RNA. All vessels that require the Brooks Memorial (17th 
Street) bascule bridge to open shall not enter the RNA until permission 
to open the Brooks Memorial bridge and/or enter the RNA is granted by 
the MOC or Designated Representative.
    (4) No personal watercraft shall be permitted in the Regulated 
Navigation Area except those operated by law enforcement personnel.
    (5) No Rigid Hull Inflatable Boats shall be permitted in the 
Regulated Navigation Area except those operated

[[Page 22291]]

by law enforcement personnel or licensed commercial salvage operators.
    (6) Entry into or remaining within the Security Zone is prohibited 
unless authorized by the Designated Representative, the Commander, 
Seventh Coast Guard District, the Captain of the Port, Miami or the 
Coast Guard Marine Operations Center (MOC). Persons desiring to enter 
or transit the areas encompassed by the Security Zone may contact on-
scene Designated Representative(s) or the Coast Guard Maritime 
Operations Center on VHF channel 12 or via telephone at (305) 535-8701 
in order to obtain permission to transit the Security Zone. If 
permission is granted, all persons and vessels must comply at all times 
with the instructions of the Designated Representative, the Commander, 
Seventh Coast Guard District, the Captain of the Port, Miami or the 
Coast Guard Marine Operations Center (MOC).
    (d) Effective dates. This section is effective from 12:01 a.m. on 
June 4, 2005 until 12 p.m. on June 8, 2005.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    3. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under authority of Pub L. 102-587, 106 Stat. 5039.

    4. In Sec.  117.261, from June 4, 2005 until June 8, 2005, add 
paragraph (rr) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (rr) The draw of the Brooks Memorial (S.E. 17th Street) bridge, 
mile 1065.9 at Fort Lauderdale, shall remain closed unless ordered to 
open by the COTP.
* * * * *

    Dated: April 22, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-8570 Filed 4-28-05; 8:45 am]
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