[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Pages 9348-9350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5741]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-96-013]
RIN 2115-AA97


Security Zone; Coast Waters Adjacent to South Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Pursuant to Presidential Proclamation No. 6867, declaring a 
national emergency, the Coast Guard is establishing a security zone, 
restricting the operation of vessels within the internal waters and 
territorial seas of the United States, adjacent to or within the 
coastal waters around southern Florida. The Coast Guard Captain of the 
Port (COTP) may exercise complete control over all vessel operations 
and movements within the security zone. Private, noncommercial vessels 
of less than 50 meters (165 feet) in length, may not depart the 
security zone with the intent to enter Cuban territorial waters, absent 
express authorization from the COTP. These vessel control measures are 
necessary to provide for the safety of United States citizens and 
residents and to prevent threatened disturbance of the international 
relations of the United States.

EFFECTIVE DATE: This rule is effective from 5:30 p.m., March 1996 and 
will terminate when the National Emergency as declared by the President 
in 

[[Page 9349]]
Presidential Proclamation No. 6867, terminates. The Coast Guard will 
publish a separate document in the Federal Register announcing 
termination of this rule.

ADDRESSES: Permission of the COTP to depart the security zone with the 
intent of entering Cuban territorial waters may be obtained from the 
following U.S. Coast Guard units: Marine Safety Office Miami, 51 S.W. 
First Avenue, Miami, FL 33130, ph. (305) 536-5693; Marine Safety Office 
Tampa, 155 Columbia Drive, Tampa, FL 33603, ph. (813) 228-2195; Station 
Miami Beach, 100 MacArthur Causeway, Miami Beach, FL 33139, ph. (305) 
535-4368; Station Fort Lauderdale, 7000 N. Ocean Dr., FL 33004, ph. 
(305) 927-1611; Station Marathon, 1800 Overseas Highway, Marathon, FL 
33050, ph. (305) 743-1945; Station Islamorada, PO Box 547, 183 Palermo 
Dr., Islamorada, FL 33036, ph. (305) 292-8862; Station Key West, Key 
West, FL 33040, ph. (305) 292-8862; Station Fort Myers Beach, 719 San 
Carlos Drive, Fort Myers Beach, FL 33931, ph. (813) 463-5754. 
Additional locations may be established.

FOR FURTHER INFORMATION CONTACT:
Chief, Marine Safety Division, Seventh Coast Guard District, 909 SE 
First Avenue, Brickell Plaza Federal Building, Miami, FL 33931, Phone 
(305) 536-5651.

SUPPLEMENTARY INFORMATION: On March 1, 1996, the President of the 
United States signed a Proclamation declaring a national emergency. To 
secure the rights and obligations of the United States and to protect 
its citizens and residents from the use of excessive force upon them by 
foreign powers, the Coast Guard is establishing a temporary security 
zone. In the Proclamation, the President authorized the Secretary of 
transportation to regulate the anchorage and movement of domestic and 
foreign vessels. This authority has been delegated to the Commander, 
Seventh Coast Guard District, Captain of the Port, Miami FL and Captain 
of the Port, Tampa FL, by Order of the Secretary of Transportation 
dated March 1, 1996. The Coast Guard is establishing a security zone 
pursuant to its normal regulatory authority in 50 U.S.C. Sec. 191 and 
as supplemented by the authority delegated to the Secretary of 
Transportation in the Presidential Proclamation. This authority was re-
delegated to the Commandant of the Coast Guard, as well as to 
appropriate District Commanders and Captains of the Port. The security 
zone includes the internal waters and territorial seas of the United 
States, adjacent to or within the State of Florida south of 26 deg. 19' 
N latitude and extending seaward three nautical miles from the baseline 
from which the territorial sea is measured.
    The Coast Guard has determined that control of the departure of 
private noncommercial vessels less than 50 meters in length from the 
security zone, with the intent to enter Cuban territorial waters 
(hereinafter ``subject vessels''), is necessary to protect the safety 
of United States citizens and residents and national security. 
Maintaining such control of vessel movement will necessitate some 
temporary limitations on traditional freedoms of navigation. Efforts 
will be made to keep these limitations to a minimum.
    The COTP may control the launching, anchorage, docking, mooring, 
operation, and movement of all vessels within the security zone. 
Additionally, the COTP may remove all persons not specifically 
authorized by the COTP to go or remain on board the subject vessel, may 
place guards on the subject vessel and may take full or partial 
possession or control of any such vessel or part thereof. Such actions 
to be taken are in the discretion of the COTP as deemed necessary to 
ensure compliance with the provisions of the security zone or any other 
order issued under the authority of the COTP.
    Under the special regulations included in this rule, subject 
vessels may not depart from the security zone without express 
authorization from the COTP. Authorization may be requested in person 
or in writing. If the request is approved, the COTP will issue a 
written authorization. For the reasons discussed below, commercial 
vessels 50 meters or greater in length are exempt from these security 
zone departure control regulations.
    Past experiences, including the 13 July 1995 Flotilla and the 2 
September 1995 attempted Flotilla, did not involve vessels outside the 
subject class of vessels.
    Any private noncommercial vessel less than 50 meters in length 
found to have departed from the security zone, with the intent to enter 
Cuban territorial waters, without having express authorization from the 
COTP will be in violation of the security zone. Failure to comply with 
the regulations or orders issued under the authority of the COTP may 
result in seizure and forfeiture of the vessel, suspension or 
revocation of Coast Guard licenses, and/or criminal fines and 
imprisonment.
    This rule is published as a temporary final rule, which is 
effective upon the signing of this rule. It is based upon a 
Presidential declaration of a national emergency.This rule remains in 
effect for the duration of the national emergency. Immediate action is 
needed to protect the safety of lives and property at sea and to 
prevent threatened disturbance of the international relations of the 
United States. For this reason, the Coast Guard finds good cause, under 
5 U.S.C. 553 (b) and (d), that notice and public comment on the rule 
before the effective date of this rule are, impractical, unnecessary, 
contrary to the public interest and this rule should be made effective 
in less than 30 days after publication.

Regulatory Process Matters

    This final rule, designed under the emergency conditions, is not a 
significant regulatory action under section 3(f) of Executive Order 
12866 and does not require an assessment of potential cost and benefits 
under section 6(a)(3) of that order. Therefore a regulator evaluation 
is not included. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The USCG certifies that this rule will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. This rule does not impose unfounded mandates or 
contain reporting or record Keeping requirements that require approval 
under the Paperwork Reduction Act.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.).

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2 of Commandant Instruction 
M16475.1B. this proposal is categorically excluded from further 
environmental documentation.

Federalism Assessment

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Security measures and 
Waterways.

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

[[Page 9350]]

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

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

    2. Section 165.T07-013 is added to read as follows:


Sec. 165.T07-013  Security Zone: Territorial waters adjacent to Florida 
south of 26 deg.19' N latitude.

    (a) Location. The following area is established as a security zone: 
All U.S. territorial waters adjacent to the State of Florida south of 
26 deg.19' N latitude. In general, these are the U.S. territorial seas 
adjacent to Collier, Dade, Monroe and Broward Counties of the State of 
Florida.
    (b) Applicability. For the purpose of this section, this section 
applies to private noncommercial vessels less than 50 meters in length 
departing the security zone with intent to enter Cuban territorial 
waters. Any vessel operating without current documentation of 
commercial status issued by the United States, a State or territory of 
the United States, or a foreign government is considered to be a 
noncommercial vessel for the purposes of this section.
    (c) Regulations. (1) The general regulations in Sec. 165.33 of this 
part do not apply to this security zone.
    (2) Private noncommercial vessels less than 50 meters in length may 
not depart from the security zone with the intent to enter Cuban 
territorial waters without express authorization from one of the 
following designated officials or their designees; Commander, Seventh 
Coast Guard District; the Captain of the Port Miami; or the Captain of 
the Port Tampa.
    (3) Express authorization to depart from the security zone may be 
obtained from any designated official or designee.
    (4) The owner/operator or person in charge of the vessel shall 
maintain the express authorization on board the vessel.
    (d) Enforcement. Vessels and or persons violating this section may 
be subject to:
    (1) Seizure and forfeiture of the vessel;
    (2) A monetary penalty of not more than $10,000; and
    (3) Imprisonment for not more than 10 years.
    (e) This section implements Presidential Proclamation No. 6867. 
This section is issued under the authority delegated in Department of 
Transportation Order dated March 1, 1996.

    Dated: March 1, 1996.
R.T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-5741 Filed 3-6-96; 2:43 pm]
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