Regulated Navigation Area, Security Zone and Drawbridge Operation Regulations; Port Everglades, FL, 22287-22291 [05-8570]
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Proposed Rules
Drafting Information
The principal author of this document
is Rita Butler, Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau.
List of Subjects in 27 CFR Part 9
Coast Guard
33 CFR Parts 117 and 165
[CGD07–05–031]
RIN 1625–AA11, 1625–AA87 and 1625–AA09
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend title 27,
chapter 1, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. In subpart C, amend § 9.162 by
revising the section heading, revising
paragraph (a) and the introductory text
of paragraphs (b) and (c), and adding a
new paragraph (d), to read as follows:
§ 9.162
DEPARTMENT OF HOMELAND
SECURITY
Sta. Rita Hills.
(a) Name. The name of the viticultural
area described in this section is ‘‘Sta.
Rita Hills’’. For purposes of part 4 of
this chapter, ‘‘Sta. Rita Hills’’ is a term
of viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundary of
the Sta. Rita Hills viticultural area are
five United States Geological Survey
(USGS) 7.5 Minute Series maps titled:
*
*
*
*
*
(c) Boundary. The Sta. Rita Hills
viticultural area is located in Santa
Barbara County, California. The
boundary is as follows:
*
*
*
*
*
(d) From July 30, 2001, until [1 day
prior to effective date of the final rule],
this viticultural area was named ‘‘Santa
Rita Hills’’. Effective [effective date of
final rule], this viticultural area is
abbreviated to ‘‘Sta. Rita Hills.’’ Existing
certificates of label approval showing
‘‘Santa Rita Hills’’ as the appellation of
origin are revoked by operation of this
regulation on [date one year after the
effective date of final rule].
Signed: April 13, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–8575 Filed 4–28–05; 8:45 am]
BILLING CODE 4810–31–P
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Regulated Navigation Area, Security
Zone and Drawbridge Operation
Regulations; Port Everglades, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
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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.
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These regulations are being
established to mitigate the abovementioned 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
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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
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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.
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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
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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
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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
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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 § 165.T07–031 to
read as follows:
§ 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°06′02″ N, 080°07′10″ W; thence
northerly to the northeast corner of Pier
6 at 26°06′08″ N, 080°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°06′11″ N,
080°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°06′09″ N,
080°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°06′09″ N, 080°07′06″ W;
thence south easterly and easterly along
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and following the shoreline to a point of
land directly north of Day Beacon ‘‘6’’
at 26°05′41″ N, 080°06′31″ W; thence
south to a point of land due south of
Day Beacon ‘‘7’’ at 26°05′33″ N,
080°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°04′96″ N,
080°06′78″ W; thence westerly to a point
of land on the southern tip of Pier 9 at
26°04′58″ N, 080°06′52″ W; thence
northerly along and following the
shoreline to the northeast corner of Pier
7 at 26°05′23″ N, 080°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°06′02″ N, 080°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°06′02″ N, 080°07′07″ W; thence
easterly to the western edge of the
Intracoastal Waterway Channel at
26°06′02″ N; 080°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°05′23″
N, 080°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
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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 onscene 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
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Proposed Rules
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 § 117.261, from June 4, 2005
until June 8, 2005, add paragraph (rr) to
read as follows:
§ 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]
BILLING CODE 4910–15–P
VerDate jul<14>2003
17:03 Apr 28, 2005
Jkt 205001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0012; FRL–7905–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; NOX RACT
Determinations for the Naval Surface
Warfare Center, Carderock Division
Ship Systems Engineering Station
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania for the
purpose of establishing and requiring
reasonably available control technology
(RACT) for the Naval Surface Warfare
Center, Carderock Division Ship
Systems Engineering Station
(NSWCCD–SSES), a major source of
nitrous oxide (NOX). In the Final Rules
section of this Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by May 31, 2005.
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–PA–0012 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03–OAR–2005–PA–0012,
Dave Campbell, Chief, Air Quality
ADDRESSES:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
22291
Planning, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–PA–0012.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov websites
are an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through RME or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E:\FR\FM\29APP1.SGM
29APP1
]]>Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Proposed Rules]
[Pages 22287-22291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8570]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-15-P
