[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21448-21451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8535]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0146]
RIN 1625-AA87


Security Zone; 2012 Fleet Week, Port Everglades, Fort Lauderdale, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of Port Everglades in Fort Lauderdale, Florida during 2012 
Fleet Week. 2012 Fleet Week will take place from Wednesday, April 25, 
2012 through Monday, April 30, 2012. The security zone will encompass 
the main shipping channel into Port Everglades Harbor and the 
Intracoastal Waterway through Port Everglades Harbor. The security zone 
will be enforced while U.S. Navy vessels participating in 2012 Fleet 
Week transit into and out of Port Everglades. The security zone is 
necessary to ensure the safety and security of U.S. Navy vessels, the 
public, and surrounding waterway from terrorist acts, sabotage or other 
subversive acts, accidents, or other causes of a similar nature. 
Entering or remaining in this security zone is prohibited unless 
authorized by the Captain of the Port Miami or a designated 
representative.

DATES: This rule is effective from 6 a.m. on April 25, 2012 through 1 
p.m. on April 30, 2012. This rule will be enforced from 6 a.m. until 1 
p.m. on April 25, 2012 and April 30, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0146 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0146 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Lieutenant Jennifer S. Makowski, 
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email <a href="/cdn-cgi/l/email-protection#e2a8878c8c8b848790ccb1ccaf83898d9591898ba297918185cc8f8b8e"><span class="__cf_email__" data-cfemail="cb81aea5a5a2adaeb9e598e586aaa0a4bcb8a0a28bbeb8a8ace5a6a2a7">[email protected]</span></a>. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard did not receive necessary 
information regarding the event with sufficient time to publish an NPRM 
and to receive public comments in advance of the effective date of the 
security zone. Any delay in the effective date of this rule would be 
contrary to the public interest as immediate action is needed to 
protect U.S. Navy vessels, the public,

[[Page 21449]]

and the surrounding waterway from sabotage or other subversive acts, 
accidents, or other causes of a similar nature.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect U.S. Navy vessels, the 
public, and the surrounding waterways from potential terrorist acts, 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature.

Discussion of Rule

    On April 25, 2012, U.S. Navy vessels will be transiting into Port 
Everglades in Fort Lauderdale, Florida for 2012 Fleet Week. These 
vessels will remain in port until April 30, 2012.
    33 CFR 165.2025 provides for a 500 yard regulated area of water 
surrounding U.S. Navy vessels that are greater than 100 feet. This 
naval vessel protection zone is not sufficient for 2012 Fleet Week due 
to: (1) The large number and types of U.S. Navy vessels participating 
in the event; and (2) the anticipated increase of vessel traffic during 
the event. The temporary security zone encompasses the main shipping 
channel into Port Everglades Harbor and certain waters of the 
Intracoastal Waterway in Fort Lauderdale, Florida. The northern 
boundary of the security zone is the northern extension of the turning 
basin at the SE. 17th Street Causeway Bridge. The eastern boundary of 
the security zone is the mouth of Port Everglades Harbor. The southern 
boundary of the security zone is near berth 29 of Port Everglades 
Harbor. The western boundary is the westernmost point of all the piers, 
slips, and turning basins of Port Everglades Harbor. The safety zone 
will be enforced during the transit of U.S. Navy vessels into and out 
of Port Everglades for 2012 Fleet Week. The security zone will be 
enforced from 6 a.m. until 1 p.m. on April 25, 2012 and April 30, 2012. 
The security zone may cease to be enforced prior to the end of the 
stated enforcement periods if the U.S. Navy vessels arrive in, or 
depart from, Port Everglades early.
    Persons and vessels are prohibited from entering or remaining in 
the security zone unless authorized by the Captain of the Port Miami or 
a designated representative. Persons and vessels desiring to enter or 
remain in the security zone may contact the Captain of the Port Miami 
by telephone at (305) 535-4472, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization to 
enter or remain in the security zone is granted by the Captain of the 
Port Miami or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Miami or a designated representative. The Coast 
Guard will provide notice of the security zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The security zone will only be enforced for a 
total of 14 hours; (2) although persons and vessels will not be able to 
enter or remain in the security zone without authorization from the 
Captain of the Port Miami or a designated representative, they may 
operate in the surrounding area during the enforcement periods; (3) 
persons and vessels may still enter or remain in the security zone if 
authorized by the Captain of the Port Miami or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the security zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter or remain within that portion of Port Everglades Harbor 
encompassed within the security zone from 6 a.m. to 1 p.m. on 
Wednesday, April 25, 2012 and Monday, April 30, 2012. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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).

[[Page 21450]]

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 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 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 does not create an 
environmental risk to health or risk to safety that may 
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 does 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing a temporary security 
zone that will be enforced for a total of 14 hours. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0146 to read as follows:


Sec.  165.T07-0146  Security Zone; 2012 Fleet Week, Port Everglades, 
Fort Lauderdale, FL.

    (a) Location. The following regulated area is a security zone. All 
waters of Port Everglades Harbor and the Intracoastal Waterway 
encompassed within an imaginary line connecting the following points: 
Starting at Point 1 in position 26[deg]06'03'' N, 80[deg]07'07'' W; 
thence southeast to Point 2 in position 26[deg]05'37'' N, 
80[deg]06'18'' W; thence southwest to Point 3 in position 
26[deg]04'44'' N, 80[deg]06'52'' W; thence northwest to Point 4 in 
position 26[deg]05'25'' N, 80[deg]07'27'' W; thence north to Point 5 in 
position 26[deg]05'43'' N, 80[deg]07'27'' W; thence northeast back to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' 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 Miami in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering or remaining in the regulated area unless authorized by the 
Captain of the Port Miami or a designated representative.
    (2) Persons and vessels desiring to enter or remain in the 
regulated area may contact the Captain of the Port Miami by telephone 
at (305) 535-4472, or a designated representative via VHF radio on 
channel 16, to request authorization. If authorization to enter or 
remain in the regulated area is granted by the Captain of the Port 
Miami or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the Captain of 
the Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners and on-scene designated representatives.

[[Page 21451]]

    (d) Effective Date. This rule is effective from 6 a.m. on April 25, 
2012 until 1 p.m. on April 30, 2012. This rule will be enforced from 6 
a.m. until 1 p.m. on April 25, 2012 and April 30, 2012.

    Dated: March 20, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-8535 Filed 4-9-12; 8:45 am]
BILLING CODE 9110-04-P


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