Regulated Navigation Area, Security Zone and Drawbridge Operation Regulations; Port Everglades, FL, 32235-32239 [05-11006]
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
§ 117.607
Mitchell River.
Dated: May 23, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–10900 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
We have analyzed this final 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 (32)(e), of the
Instruction, from further environmental
documentation. It has been determined
that this final rule does not significantly
impact the environment.
[CGD08–05–030]
RIN 1625–AA09
Drawbridge Operation Regulation;
White River, Augusta, AR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District has issued a
temporary deviation from the regulation
governing the operation of the Missouri
Pacific Railroad Bridge, Mile 196.3,
Augusta, Arkansas across the White
River. This deviation allows the bridge
List of Subjects in 33 CFR Part 117
to remain in the closed-to-navigation
position for 7 days from 7 a.m., June 20,
Bridges.
2005, until 7 p.m., June 26, 2005. The
Regulations
deviation is necessary to allow time for
making repairs to mechanical
I For the reasons set out in the preamble,
the Coast Guard amends 33 CFR part 117 components essential to the continued
safe operation of the drawbridge.
as follows:
DATES: This temporary deviation is
effective from 7 a.m., June 20, 2005,
PART 117—DRAWBRIDGE
until 7 p.m., June 26, 2005.
OPERATION REGULATIONS
ADDRESSES: Materials referred to in this
I 1. The authority citation for part 117
document are available for inspection or
continues to read as follows:
copying at Room 2.107F in the Robert A.
Authority: 33 U.S.C. 499; Department of
Young Federal Building, 1222 Spruce
Homeland Security Delegation No. 0170.1; 33 Street, St. Louis, MO 63103–2832,
CFR 1.05–1(g); section 117.255 also issued
between 8 a.m. and 4 p.m., Monday
under the authority of Pub. L. 102–587, 106
through Friday, except Federal holidays.
Stat. 5039.
The Bridge Administration Branch
maintains the public docket for this
I 2. Section 117.607 is revised to read as
temporary deviation.
follows:
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15:00 Jun 01, 2005
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SUMMARY:
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Roger
K. Wiebusch, Bridge Administrator,
(314) 539–3900, extension 2378.
SUPPLEMENTARY INFORMATION: The Union
Pacific Railroad requested a temporary
deviation to allow time to conduct
repairs to the Missouri Pacific Railroad
Bridge, mile 196.3, at Augusta, Arkansas
across the White River. The Missouri
Pacific Railroad Bridge currently
operates in accordance with 33 CFR
117.139(b), which requires the
drawbridge to open on signal if at least
eight hours notice is given. In order to
facilitate required bridge maintenance,
the bridge must be kept in the closedto-navigation position. This deviation
allows the drawbridge to remain in the
closed-to-navigation position for 7 days
from 7 a.m., June 20, 2005, until 7 p.m.,
June 26, 2005. There are no alternate
routes for vessels transiting this section
of the White River.
The Missouri Pacific Railroad Bridge,
in the closed-to-navigation position,
provides a vertical clearance of
approximately 32 feet above mean low
water. Navigation on the waterway
consists of some commercial tows
during the navigation season and mostly
recreational watercraft. This deviation
has been coordinated with waterway
users. No objections were received.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
FOR FUTHER INFORMATION CONTACT:
The Chatham Highway Bridge, at mile
0.2, at Chatham, Massachusetts, shall
operate as follows:
(a) From May 1 through October 31,
the draw shall open on signal from 8
a.m. to 5 p.m., if at least one-hour notice
is given and from 5 p.m. to 8 a.m. the
draw shall open on signal if at least 12hours notice is given by calling the
Chatham Harbormasters Department.
(b) From November 1 through April
30, the draw shall open on signal if at
least a 24-hours advance notice is given
by calling the Chatham Harbormasters
Department.
Environment
32235
Dated: May 24, 2005.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. 05–10942 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
33 CFR Part 165
[CGD07–05–031]
RIN 1625–AA11, 1625–AA87 and 1625–AA09
Regulated Navigation Area, Security
Zone and Drawbridge Operation
Regulations; Port Everglades, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary regulated
navigation area, temporary security zone
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
and temporary drawbridge 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: This rule is effective from June
4, 2005 until June 8, 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 [CGD07–05–031] and are
available for inspection or copying at
U.S. Coast Guard, Sector Miami
Prevention Office, 100 MacArthur
Causeway, Miami Beach, FL 33139
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:
Regulatory Information
On April 29, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Regulated Navigation Area,
Security Zone and Drawbridge
Operation Regulations; Port Everglades,
FL in the Federal Register (70 FR
22287). We did not receive any
comments 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. The regulation is needed to
protect the public during the event and
a delay would be contrary to the public
interest.
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
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15:00 Jun 01, 2005
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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.
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 Comments and Changes
No substantive changes to the rule
were made although we did change the
format of the regulation to comply with
the regulatory drafting guide.
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
Waterway 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
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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
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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.
Rigid Hull Inflatable Boats (RHIBs) are
also prohibited in the RNA 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,
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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 (SE. 17th Street)
drawbridge, for which the operational
schedule is 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.
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, 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 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
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32237
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 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 rule will 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 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 rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule would not result in
such expenditure, we do discuss the
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule does 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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 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.
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
15:00 Jun 01, 2005
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
Environment
I
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)(g) and (32)(e),
of the Instruction, from further
environmental documentation because
we are establishing a RNA, security
zone and suspending a drawbridge
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 amends 33
CFR part 117 and 165 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Technical Standards
VerDate jul<14>2003
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.
Jkt 205001
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.
2. In § 117.261, from June 4, 2005 until
June 8, 2005, add paragraph (rr) to read
as follows:
I
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*
*
*
*
*
(rr) The draw of the Brooks Memorial
(SE. 17th Street) bridge, mile 1065.9 at
Fort Lauderdale, shall remain closed
unless ordered to open by the COTP.
*
*
*
*
*
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
I 4. Add new 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 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,
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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
westward 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 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.
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
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
inflatable, or have an inflatable keel and
sometimes have a soft floor or have a
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
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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
32239
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.
Dated: May 26, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Commander,
Seventh Coast Guard District, Acting.
[FR Doc. 05–11006 Filed 5–31–05; 12:51 pm]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR PART 165
[CGD09–05–017]
RIN 1625–AA00
Safety Zone; Rochester Harbor
Fireworks, Rochester, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
encompassing the navigable waters of
Rochester Harbor and the Genesee
River. This safety zone is necessary to
ensure the safety of spectators and
vessels from the hazards associated with
fireworks displays. This rule will
restrict vessel traffic from a portion of
Rochester Harbor and the Genesee
River, Rochester, New York.
DATES: This rule is effective from 9 p.m.
until 10 p.m. on June 25, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of the docket (CGD09–
05–017), and are available for inspection
or copying at U.S. Coast Guard Marine
Safety Office (MSO) Buffalo, 1
Fuhrmann Blvd., Buffalo, New York
14203 between 7 a.m. and 3 p.m. (local),
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Craig A. Wyatt, U.S. Coast Guard Marine
Safety Office Buffalo, at (716) 843–9570.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
E:\FR\FM\02JNR1.SGM
02JNR1
Agencies
[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32235-32239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11006]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
33 CFR Part 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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area, temporary security zone
[[Page 32236]]
and temporary drawbridge 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: This rule is effective from June 4, 2005 until June 8, 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 [CGD07-05-031] and are available for inspection or
copying at U.S. Coast Guard, Sector Miami Prevention Office, 100
MacArthur Causeway, Miami Beach, FL 33139 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:
Regulatory Information
On April 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area, Security Zone and Drawbridge
Operation Regulations; Port Everglades, FL in the Federal Register (70
FR 22287). We did not receive any comments 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. The regulation is needed to
protect the public during the event and a delay would be contrary to
the public interest.
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.
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 Comments and Changes
No substantive changes to the rule were made although we did change
the format of the regulation to comply with the regulatory drafting
guide.
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 Waterway 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
[[Page 32237]]
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.
Rigid Hull Inflatable Boats (RHIBs) are also prohibited in the RNA
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 (SE. 17th Street) drawbridge, for which the
operational schedule is 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.
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, 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 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
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 rule will 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 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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the
[[Page 32238]]
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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 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 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)(g) and (32)(e), of the Instruction, from further
environmental documentation because we are establishing a RNA, security
zone and suspending a drawbridge 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 and 165 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. 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.
0
2. 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 (SE. 17th Street) bridge, mile
1065.9 at Fort Lauderdale, shall remain closed unless ordered to open
by the COTP.
* * * * *
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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. Add new 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,
[[Page 32239]]
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 westward
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 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.
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 a
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 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.
Dated: May 26, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 05-11006 Filed 5-31-05; 12:51 pm]
BILLING CODE 4910-15-P