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[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Proposed Rules]
[Pages 71758-71764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27100]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

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

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

DATES: Comments and related material must reach the Coast Guard on or 
before January 10, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Jacksonville, 7820 Arlington Expressway, Suite 
400, Jacksonville, FL, 32211. Coast Guard Marine Safety Office 
Jacksonville 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 Coast 
Guard Marine Safety Office Jacksonville, 7820 Arlington Expressway, 
Suite 400, Jacksonville, FL, 32211, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal Holidays.

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

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 (CGD07-04-
090), 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 
that your submission 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.
    If, as we anticipate we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

    We do not plan to hold a public meeting. The United States Coast 
Guard, along with other state and federal law enforcement agencies, has 
conducted numerous outreach meetings with port users and the affected 
maritime community regarding port restrictions. However, you may submit 
a request for a meeting by writing to Coast Guard Marine Safety Office 
Jacksonville 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 separate notice in the 
Federal Register.

Background and Purpose

    In light of terrorist attacks on New York City and the Pentagon in 
Arlington, VA, on September 11, 2001, and the continuing concern for 
future terrorist and or subversive acts against the United States, 
especially at high visibility events where a large number of persons 
are likely to congregate, the Coast Guard proposes to establish 
temporary regulated navigation areas and security zones in certain 
waters of the St. Johns River.
    The Super Bowl is a sporting event, hosted each year in a different 
city in the United States, sponsored by the National Football League 
(NFL). Super Bowl XXXIX will be held in Jacksonville, FL, on Sunday, 
February 6, 2005, at ALLTEL Stadium. Security measures for Super Bowl 
XXXIX and the events preceding it, including temporary regulated 
navigation areas, security zones and anchorages proposed herein, are 
necessary from February 2, 2005, to February 7, 2005, and are needed to 
safeguard the maritime transportation infrastructure, the public, and 
designated participants from potential acts of violence or terrorism 
during Super Bowl XXXIX activities.

[[Page 71759]]

    The planning for these regulated navigation areas and security 
zones has been conducted in conjunction with federal, state and local 
law enforcement agencies. There is significant national security 
interest during the Super Bowl in protecting the waterways surrounding 
downtown Jacksonville, cruise ships, nearby vessels, and the public 
from destruction, loss, or injury from sabotage or other subversive 
acts, accidents or other causes of a similar nature.
    These proposed regulations include amends of existing security 
zones established at 33 CFR 165.759 to increase the fixed security 
zones around cruise ships docked at the Talleyrand Marine Terminal and 
the Jacksonville Cruise Ship Passenger Terminal from 100 yards to 400 
yards.
    These proposed regulations also amend existing anchorage 
regulations established at 33 CFR 110.183 by removing Anchorage A, 
modifying Anchorage B, and establishing various temporary anchorages 
marked by buoys. Some of the temporary anchorages will be exclusively 
for use by small recreational vessels and others will be for larger 
recreational vessels and commercial vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish regulated navigation areas 
and security zones on the St. Johns River, Jacksonville, FL, to include 
the waters from Winter Point to the Intracoastal Waterway. The 
regulated navigation areas and security zones are necessary to protect 
national security interests during Super Bowl XXXIX and for the safety 
of navigation on the waterway.
    Temporary regulated navigation areas are proposed from Wednesday, 
February 2, 2005, commencing at 6 a.m. (EST) until Monday, February 7, 
2005 at 6 p.m. (EST) for: (1) Winter Point to the Matthews Bridge and 
(2) the Matthews Bridge to St. Johns Bluff Reach.
    All vessels entering the regulated navigation areas must comply 
with orders from the Coast Guard Captain of the Port, Jacksonville, 
Florida, or that officer's designated representatives, and accordingly 
regulate their course, direction and movements within the regulated 
navigation areas. Vessels must exercise continuous transit at minimum 
safe speed while within 400 yards of the federal channel as marked by 
buoys and day boards.
    The public will be reminded of the locations and effective periods 
of the regulated navigation areas, security zones and temporary 
anchorage regulations by a local notice to mariners. No commercial 
vessels will be permitted to anchor between the Fuller Warren Bridge 
and the Matthews Bridge.
    In addition to the regulated navigation areas described as (1) and 
(2), the following temporary security zones described as (3), (4), (5) 
and (6) are proposed for the waters of the St. Johns River. Security 
Zone (3): the waters between the Fuller Warren Bridge and the Matthews 
Bridge to be enforced Friday, February 4, 2005, beginning at 11:59 p.m. 
(EST) until Monday, February 7, 2005, at 3 a.m. (EST). Vessel operators 
entering the security zone outlined as (3) must receive express 
permission from local, state or federal enforcement personnel 
designated by the Captain of the Port; not transport or possess certain 
dangerous cargo as defined in 33 CFR 160.204; and not operate or place 
in the water jet skis or other motorized personal watercraft at any 
time while this security zone, or security zones (4), (5) and (6) are 
in effect. Vessel operators may not enter or remain in the security 
zone outlined as (3) without completing a satisfactory security 
screening.
    Security Zones (4), (5) and (6) are smaller zones located 
geographically within security zone (3) which will be enforced at 
various times and present additional restrictions. Security zone (4): a 
25-yard zone (entry prohibited without prior approval by the Captain of 
the Port or his designated representatives) around the passenger 
terminals at JEA Park and the Transportation Hub, to be enforced 
Wednesday, February 2, 2005, commencing at 6 a.m. (EST) until Monday, 
February 7, 2005, at 11:59 a.m. (EST).
    Security zone (5): A ``no move'' zone (in addition to permission to 
enter the zone, all vessels will be required to obtain approval by the 
Captain of the Port or his designated representatives prior to getting 
underway from the pier or anchorage, including vessels which previously 
received permission to enter the zone) on the north bank of the St. 
Johns River from the Main Street Bridge to the Hart Bridge, extending 
25 yards offshore, to be enforced Sunday, February 6, 2005, beginning 
at 11:59 a.m. (EST) until Monday, February 7, 2005 at 3 a.m. (EST).
    Security zone (6): Restricts entry into the zone without prior 
approval by the Captain of the Port or his designated representatives, 
north bank to south bank, between JEA Park and the Transportation Hub, 
to be enforced Sunday, February 6, 2005, from 11:59 a.m. (EST) until 
Monday, February 7, at 3 a.m. (EST).
    The temporary security zones described as (3), (4), (5) and (6) 
prohibit the transport or possession on vessels of certain dangerous 
cargo as defined in 33 CFR 160.204.
    Regulations currently exist at 33 CFR 165.759 which establish 100 
yard moving security zones around all cruise ships entering or 
departing the Port of Jacksonville, Florida. Fixed security zones are 
established 100 yards around all cruise ships docked in the Port of 
Jacksonville. This proposed regulation temporarily suspends these 
security zones and replaces them with a 400 yard security zone for all 
cruise ships docked at the Talleyrand Marine Terminal and Jacksonville 
Cruise Ship Passenger Terminal to be enforced Wednesday, February 2, 
2005, commencing at 6 a.m. (EST) until Monday, February 7, 2005, at 
11:59 p.m. (EST).
    These proposed regulations also amend existing anchorage 
regulations established at 33 CFR 110.183 which regulate the anchoring 
of vessels on the St. Johns River from the Main Street Bridge to the 
ocean. The rule proposes to amend the regulations to temporarily close 
Anchorage A and reduce the size of Anchorage B. Further, anchoring 
anywhere between the Fuller Warren Bridge and the Matthews Bridge will 
be limited to recreational vessels 40 feet or less in length within 
marked areas to be identified by temporary buoys. Rafting of vessels 
outboard of one another in these marked areas will be limited to 20 
rafted vessels. Anchorage B will be reduced in size and will retain its 
existing restrictions. In addition to anchoring availability in 
Anchorage B, recreational vessels in excess of 40 feet in length and 
commercial vessels may seek Captain of the Port permission to anchor 
north of the Matthews Bridge within marked areas to be identified by 
temporary buoys. The Captain of the Port Jacksonville, Florida, will 
continue to notify the maritime community of the periods during which 
the regulated navigation areas and security zones will be effective. 
Broadcast notifications will be made to the maritime community advising 
them of the boundaries of these zones.

BILLING CODE 4910-15-P

[[Page 71760]]

[GRAPHIC] [TIFF OMITTED] TP10DE04.086

BILLING CODE 4910-15-C

[[Page 71761]]

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

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in portions of the 
St. Johns River at various times between February 2, 2005 and February 
7, 2005.
    These regulations would not have a significant economic impact on a 
substantial number of small entities for the following reasons. Each 
area, zone or anchorage restriction in this rule will only be in effect 
for a limited duration. With the exception of vessels carrying certain 
dangerous cargo as defined in 33 CFR 160.204, vessels will still be 
allowed to transit after obtaining authorization from the Captain of 
the Port or his designated representatives. All vessels carrying 
certain dangerous cargo as defined in 33 CFR 160.204 will be prohibited 
from transiting the security zones. Based upon consultation with local 
industry representatives it has been determined there is no regular 
traffic of such vessels on the St Johns River through the area of the 
anticipated security zones and no such traffic is expected.
    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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant James 
Tedtaotao at the address listed in ADDRESSES above. 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 an 
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.

[[Page 71762]]

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 proposed 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, 
paragraphs (34)(f) and (g), of the Instruction, from further 
environmental documentation. As anchorage regulations, regulated 
navigation areas and security zones, the proposed rules satisfy the 
requirements of paragraphs 34(f) and (g).
    Under figure 2-1, paragraphs (34)(f) and (g) 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 110

    Anchorage grounds.

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 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

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

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

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

Sec.  110.183  St. Johns River, Florida.

* * * * *
    (c) Anchorage B. (Lower Anchorage) The Anchorage is established 
within the following coordinates, the area enclosed by a line starting 
at a point on the eastern shore of the river at `Floral Bluff' at 
30[deg]21'00'' N, 081[deg]36'41'' W; thence to 30[deg]20'50'' N, 
081[deg]37'08'' W in vicinity of buoy G''75''; thence to 30[deg]21'50'' 
N, 081[deg]36'56'' W; thence to 30[deg]21'54'' N, 081[deg]36'48'' W; 
thence returning to the point of beginning.
    (d) Regulations. (1) Except in case of emergency, only vessels 
meeting the conditions of this paragraph will be authorized by the 
Captain of the Port to anchor in Anchorage B. Vessels unable to meet 
any of the following restrictions must obtain specific authorization 
from the Captain of the Port prior to anchoring in Anchorage B.
    (2) All vessels intending to enter and anchor in Anchorage B must 
notify the Captain of the Port prior to entering.
    (3) Anchorage B is a temporary anchorage. Additionally, Anchorage B 
is used as a turning basin. Vessels may not anchor for more than 24 
hours without specific written authorization from the Captain of the 
Port.
    (4) All vessels at anchor must maintain a watch on VHF-FM channels 
13 and 16 by a person fluent in English, and must make a security 
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
    (5) Anchorage B is restricted to vessels with a draft of 24 feet or 
less, regardless of length.
    (6) Any vessel transferring petroleum products within Anchorage B 
must have a pilot or Docking Master aboard, and employ sufficient 
assist tugs to assure the safety of the vessel at anchor and any 
vessels transiting the area.
    (7) Any vessel over 300 feet in length within Anchorage B must have 
a pilot or Docking Master onboard, and employ sufficient assist tugs to 
assure the safety of the vessel at anchor and any vessels transiting 
the area.
    (e) Temporary anchorages. (1) Five temporary anchorage areas will 
be established in the waters of the St. Johns River between the Fuller 
Warren Bridge and the southern end of Anchorage B to exclusively 
accommodate recreational vessels, 40 feet in length or less, for 
various events during the effective period. Vessels must seek 
authorization from the Captain of the Port prior to anchoring. Up to 
twenty recreational vessels may raft outboard of one another. Buoys 
will mark all temporary anchorage areas.
    (2) Several temporary anchorage areas will be established in the 
waters north of the Matthews Bridge to accommodate larger recreational 
vessels and commercial vessels. Buoys will mark all temporary anchorage 
areas.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    4. From February 2, 2005, at 6 a.m. (EST) until February 7, 2005, 
at 11:59 p.m. (EST) in Sec.  165.759, paragraph (a) is suspended and a 
new paragraph (e) is added to read as follows:

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

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

[[Page 71763]]

Talleyrand Marine Terminal and the Jacksonville Cruise Ship Passenger 
Terminal in the Port of Jacksonville that extend 400 yards around 
cruise ships.
    5. Temporarily add Sec.  165.T07-090 to read as follows:

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

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

[[Page 71764]]

within the zone without prior approval by the Captain of the Port or 
his designated representatives. Vessels or persons desiring to enter or 
transit the areas encompassed by any of the security zones may contact 
the Coast Guard Captain of the Port or his designated representatives 
on VHF Channel Marine 12 to seek permission to enter or transit the 
zone. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or that officer's designated 
representatives.
    (d) Effective period. This section is effective from 6 a.m. on 
February 2, 2004, until 11:59 p.m. on February 7, 2005.

    Dated: November 26, 2004.
David B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-27100 Filed 12-9-04; 8:45 am]
BILLING CODE 4910-15-P
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