Security Zones; Port of Palm Beach, Palm Beach, FL; Port
Everglades, Fort Lauderdale, FL; Port of Miami, Miami, FL; and Port of
Key West, Key West, FL
[Federal Register: January 15, 2003 (Volume 68, Number 10)]
[Rules and Regulations]
[Page 1967-1970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja03-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Miami 02-156]
RIN 2115-AA97
Security Zones; Port of Palm Beach, Palm Beach, FL; Port
Everglades, Fort Lauderdale, FL; Port of Miami, Miami, FL; and Port of
Key West, Key West, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing security zones in the Captain
of the Port Miami area for national security reasons to protect the
public and ports from potential subversive acts. Similar security zones
have been in effect under temporary rules following the terrorist
attacks of September 11, 2001, on the World Trade Center and Pentagon.
Entry into these zones will be prohibited, unless specifically
authorized by the Captain of the Port, Miami, Florida, or his
designated representative.
DATES: This rule is effective from December 16, 2002 until 11:59 p.m.
on February 15, 2003.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of (COTP Miami-02-156) and are available for inspection or
copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami
Beach, FL 33139 between 7:30 a.m. and 3 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jennifer Sadowski, Waterways
Management Division Officer, Coast Guard Marine Safety Office Miami, at
(305) 535-8750.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
temporary regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a NPRM. Publishing a NPRM,
which would incorporate a comment period before a final rule was
issued, would be contrary to the public interest since immediate action
is needed to protect the public, ports and waterways of the United
States. We did publish a NPRM on November 5, 2002 (67 FR 67342)
proposing to make these same security zones permanent. The comment
period for the NPRM closed on December 5, 2002 and this temporary rule
will ensure vessels are protected while we draft the final rule.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. The Coast Guard will
issue a broadcast notice to mariners and place enforcement vessels in
the vicinity to advise mariners of the restriction.
Background and Purpose
The terrorist attacks of September 2001 killed thousands of people
and heightened the need for development of various security measures
throughout the seaports of the United States, particularly around those
vessels and facilities which are frequented by foreign nationals and
maintain an interest to national security. The President has continued
the national emergencies he declared following the September 11, 2001
terrorist attacks (67 FR 58317 (Sep. 13, 2002) (continuing national
emergency with respect to terrorist attacks), 67 FR 59447 (Sep. 20,
2002) (continuing national emergency
[[Page 1968]]
with respect to persons who commit, threaten to commit or support
terrorism)). The President also has found pursuant to law, including
the Magnuson Act (50 U.S.C. 191 et seq.), that the security of the
United States is and continues to be endangered following the attacks
(E.O. 13,273, 67 FR 56215 (Sep. 3, 2002) (security endangered by
disturbances in international relations of U.S. and such disturbances
continue to endanger such relations)). Following these attacks by well-
trained and clandestine terrorists, national security and intelligence
officials have warned that future terrorist attacks are likely. The
Captain of the Port (COTP) of Miami has determined that there is an
increased risk that subversive activity could be launched by vessels or
persons in close proximity to the Ports of Palm Beach, Miami, Port
Everglades, and Key West, Florida. These security zones are necessary
to protect the public, ports, and waterways of the United States from
potential subversive acts.
The Coast Guard Captain of the Port of Miami established temporary
security zones in these areas following the September 11, 2001 attacks.
Those temporary rules are as follows:
On September 11, 2001, the COTP issued a temporary final rule (TFR)
(67 FR 9194, 9195, February 28, 2002, Docket # COTP Miami 01-
093) establishing 100-yard security zones around certain vessels in the
Port of Palm Beach, Miami, Port Everglades, and Key West, FL, that
expired September 25, 2001. On September 25, 2001, the COTP issued
another TFR (67 FR 1101, January 9, 2002, COTP Miami 01-115) that
maintained these 100-yard security zones around certain vessels in the
Ports of Palm Beach, Miami, Port Everglades, and Key West, FL, and
added a reference to specific points (buoys) where moving zones were
activated and deactivated. This second TFR expired on June 15, 2002.
On October 7, 2001, the COTP issued a TFR (67 FR 6652, February 13,
2002, COTP Miami 01-116) establishing fixed security zones in Port
Everglades and Miami, FL, that expired June 15, 2002.
On October 11, 2001, the COTP issued a TFR (67 FR 4177, January 29,
2002, COTP Miami 01-122) establishing a fixed-security zone for Port
Everglades, FL, that expired June 15, 2002.
All of the above security zones were extended by a TFR issued on
June 13, 2002 (67 FR 46389, COTP Miami-02-054) until December 15, 2002.
On November 5, 2002, we published a NPRM proposing to create permanent
security zones in various ports throughout South Florida (67 FR 67342).
We received one comment on the proposed rule. This temporary rule is
necessary to ensure vessels are protected while we complete drafting
the final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, February 26,
1979). The Coast Guard expects the economic impact of this rule to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary because we
anticipate these security zones may only impact vessel traffic for
short periods of times. Alternate vessel traffic routes have also been
accounted for to assist in minimizing delays. Also, the Captain of the
Port of Miami may allow persons or vessels to enter a security zone on
a case-by-case basis.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic effect
upon 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
would not have a significant economic impact on a substantial number of
small entities because we anticipate these security zones may only
impact vessel traffic for short periods of times. Alternate vessel
traffic routes have also been identified to assist in minimizing
delays. Also, the Captain of the Port of Miami may allow persons or
vessels to enter a security zone on a case-by-case basis. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LTJG Jennifer Sadowski at (305)
535-8750.
Collection of Information
This 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 implication 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. Although this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 1969]]
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because no environmental changes will be
affected with the security zone implementation. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
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. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add new Sec. 165.T07-156 to read as follows:
Sec. 165.T07-156 Security Zones; Port of Palm Beach, Port Everglades,
Port of Miami, and Port of Key West, Florida.
(a) Location. The following areas are security zones:
(1) Fixed and moving security zones around vessels in the Ports of
Palm Beach, Port Everglades, Miami, and Key West, Florida. Moving
security zones are established 100 yards around all passenger vessels,
vessels carrying cargoes of particular hazard, or vessels carrying
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and
127 respectively, during transits entering or departing the Ports of
Palm Beach, Port Everglades, Miami or Key West, Florida. These moving
security zones are activated when the subject vessel passes: ``LW''
buoy, at approximate position 26[deg]46.3' N, 080[deg]00.6' W, when
entering the Port of Palm Beach, passes ``PE'' buoy, at approximate
position 26[deg]05.5' N, 080[deg]04.8' W, when entering Port
Everglades; the ``M'' buoy, at approximate position 25[deg]46.1' N,
080[deg]05.0' W, when entering the Port of Miami; and ``KW'' buoy, at
approximate position 24[deg]27.7' N, 081[deg]48.1' W, when entering the
Port of Key West. Fixed security zones are established 100 yards around
all passenger vessels, vessels carrying cargoes of particular hazard or
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and
127 respectively, while they are docked in the Ports of Palm Beach,
Port Everglades, Miami or Key West, Florida.
(2) Fixed security zone in the Port of Miami, Florida. A fixed
security zone encompasses all waters between Watson Park and Star
Island on the MacArthur Causeway south to the Port of Miami. The
western boundary is formed by an imaginary line from points
25[deg]46.79' N, 080[deg]10.90' W, to 25[deg]46.77' N, 080[deg]10.92' W
to 25[deg]46.88' N, 080[deg]10.84' W, and ending on Watson Park at
25[deg]47.00' N, 080[deg]10.67' W. The eastern boundary is formed by an
imaginary line from the traffic light located at Bridge Road, in
approximate position 25[deg]46.33' N, 080[deg]09.12' W, which leads to
Star Island, and MacArthur Causeway directly extending across the Main
Channel to the Port of Miami, at 25[deg]46.26' N, 080[deg]09.18' W. The
fixed security zone is activated when two or more passenger vessels,
vessels carrying cargoes of particular hazard, or vessels carrying
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and
127 respectively, enter or moor within this zone.
(i) Vessels may be allowed to transit the Main Channel when only
one passenger vessel or vessel carrying cargoes of particular hazard
are berthed, by staying on the north side of the law enforcement boats
and cruise ship tenders which will mark a transit lane in channel.
(ii) When passenger vessels are not berthed on the Main Channel,
navigation will be unrestricted. Law enforcement vessels can be
contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
(3) Fixed security zones in the Port Everglades. A fixed security
zone encompasses all waters west of an imaginary line starting at the
northern most point 26[deg]05.98' N, 080[deg]07.15' W, near the west
side of the 17th Street Causeway Bridge, to the southern most point
26[deg]05.41' N, 080[deg]06.96' W, on the northern tip of pier 22. An
additional fixed security zone encompasses the Intracoastal Waterway
between a line connecting point 26[deg]05.41' N, 080[deg]06.97' W, on
the northern tip of berth 22 and a point directly east across the
Intracoastal Waterway to 26[deg]05.41' N, 080[deg]06.74' W; and a line
drawn from the corner of Port Everglades berth 29 at point
26[deg]04.72' N, 080[deg]06.92' W, easterly across the Intracoastal
Waterway to John U. Lloyd Beach, State Recreational Area at point
26[deg]04.72' N, 080[deg]06.81' W.
(i) Vessels may be allowed to transit the Intracoastal Waterway
when passenger vessels or vessels carrying cargoes of particular hazard
are berthed, by staying east of the law enforcement boats and cruise
ship tenders, which will mark a transit lane in the Intracoastal
Waterway.
(ii) Periodically, vessels may be required to temporarily hold
their positions while large commercial traffic operates in this area.
Vessels in this security zone must follow the orders of the COTP or his
designated representative, who may be embarked in law enforcement or
other vessels on scene. When passenger vessels are not berthed on the
Intracoastal Waterway, navigation will be unrestricted. Law enforcement
vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8
MHz).
(b) Regulations. (1) Prior to commencing the movement, the person
directing the movement of a passenger vessel, a vessel carrying cargoes
of particular hazard, or a vessel carrying liquefied hazardous gas
(LHG) as defined in Title 33, Code of Federal Regulations parts 120,
126 and 127 respectively, is encouraged to make a security broadcast on
VHF Marine Band Radio, Channel 13 (156.65 MHz) to
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advise mariners of the moving security zone activation and intended
transit.
(2) In accordance with the general regulations Sec. 165.33 of this
part, entry into these zones is prohibited except as authorized by the
Captain of the Port Miami or his designated representative. Other
vessels such as pilot boats, cruise ship tenders, tug boats and
contracted security vessels may assist the Coast Guard Captain of the
Port under the direction of his designated representative by monitoring
these zones strictly to advise mariners of the restrictions. The
Captain of the Port will notify the public via Marine Safety Radio
Broadcast on VHF Marine Band Radio, Channel 13 (156.65 MHz) when the
security zones are being enforced.
(3) Persons desiring to enter or transit the area of the security
zone may contact the Captain of the Port on VHF Marine Band Radio,
Channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(4) The Captain of the Port Miami may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for the
purpose of port security, safety or environmental safety.
(c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length and over 100 gross
tons that is authorized to carry more than 12 passengers for hire
making voyages lasting more than 24 hours, except for a ferry.
(d) Dates. This section is effective from December 16, 2002 until
11:59 p.m. on February 15, 2003.
(e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: December 16, 2002.
J.A. Watson, IV,
Captain, Coast Guard, Captain of the Port Miami.
[FR Doc. 03-740 Filed 1-14-03; 8:45 am]
BILLING CODE 4910-15-U
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