[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11224]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville 94-056]
RIN 2115-AA97

 

Security Zone Regulations; Port Canaveral, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 500 yard moving security 
zone around HMS VANGUARD while the vessel is underway in U.S. waters in 
the vicinity of Port Canaveral Florida. The vessel will make multiple 
entries and exists into Port Canaveral Florida between April 21 and 
August 15, 1994. The zone is needed to safeguard HMS VANGUARD against 
destruction from sabotage or other subversive acts, accidents, or other 
causes of a similar nature while the vessel transits through the Port 
Canaveral Entrance Channel to and from the East Basin in Port 
Canaveral, Florida. Entry into this zone is prohibited unless 
authorized by the Captain of the Port Jacksonville, Florida.

EFFECTIVE DATES: This regulation becomes effective on April 21 and 
terminates August 15, 1994.

FOR FURTHER INFORMATION CONTACT:
Lieutenant A. Varamo, MSO Jacksonville, FL at Tel: (904) 232-2648.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
necessary to prevent damage to or destruction of the HMS VANGUARD.

Drafting Information

    The drafters of this regulation are Lieutenant A. Varamo, project 
officer for the Captain of the Port, and Lieutenant J. Losego, project 
attorney, Seventh Coast Guard District Legal Office.

Discussion of Regulation

    The event requiring this regulation is the arrival and departure of 
HMS VANGUARD into U.S. waters enroute to Port Canaveral, Florida. The 
vessel is scheduled to make multiple entries and exits into the Port of 
Canaveral between April 21 and August 15, 1994. A security zone is 
necessary to safeguard HMS VANGUARD from sabotage, or other subversive 
acts, accidents, or other causes of a similar nature within U.S. 
Waters. The Security Zone will be enforced by representatives of the 
Captain of the Port Jacksonville, Florida. The Captain of the Port may 
be assisted by other federal agencies and civil law enforcement 
authorities.
    This regulation is issued pursuant to 33 U.S.C. 1231 as set out in 
the authority citation for all of Part 165.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.C. of Commandant Instruction 
M16475.1B, and actions to protect public safety have been determined to 
be categorically excluded from further environmental documentation.

Regulatory Evaluation

    This proposal 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. It 
has been exempted from review by the Office of Management and Budget 
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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The moving security zone extends 500 yards in all 
directions around the HMS VANGUARD when the vessel enters U.S. 
territorial seas. The security zone remains in effect as long as the 
vessel is underway in U.S. waters and terminates upon arrival at the 
East Basin, Port Canaveral, Florida. Upon departure, the 500 yard 
moving security zone shall be in effect until the vessel transits 
beyond the U.S. territorial seas, unless terminated earlier by the 
Captain of the Port Jacksonville, Florida.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    In consideration of the foregoing, subpart C of part 165 of Title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A new Sec. 165.T07-056 is added to read as follows:


Sec. 165.T07-056  Security Zone: Port Canaveral Entrance Channel.

    (a) Location. The following area is a Security Zone: All waters 500 
yards in all directions around HMS VANGUARD as it transits to and from 
the Port Canaveral East Basin through the Port Canaveral Entrance 
Channel. The security zone will remain in force while the vessel is 
underway in U.S. waters.
    (b) Effective date. This section becomes effective two hours prior 
to arrival and departure of the vessel in U.S. waters. The vessel is 
expected to make multiple entries and exits into the Port of Canaveral 
between April 21 and August 15, 1994. It remains in effect as long as 
HMS VANGUARD is underway in U.S. waters and terminates upon arrival at 
the East Basin in Port Canaveral, or on departure, transits beyond the 
U.S. territorial seas, unless terminated earlier by the Captain of the 
Port Jacksonville, FL. Commencement of this Security zone will be 
announced in a Local Broadcast Notice to Mariners immediately prior to 
arrival into U.S. waters.
    (c) Regulation. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.
    (2) This regulation does not apply to United States Naval vessels 
or other authorized law enforcement agencies operating within the 
Security Zone.

    Dated: April 21, 1994.
D.F. Miller,
Commander, U.S. Coast Guard, Alternate Captain of the Port, 
Jacksonville, Florida.
[FR Doc. 94-11224 Filed 5-9-94; 8:45 am]
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