[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26390-26392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12646]


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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, after consultation with the 
Department of Justice, is establishing a revised security zone, 
restricting the operation of certain 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. Non-public vessels of less than 
50 meters (165 feet) in length, may not get underway in or 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.

DATES: This rule is effective from May 7, 1997, and will terminate when 
the National Emergency as declared by the President in 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 No. 96-3-7, signed by the Secretary of 
Transportation. The Coast Guard has established a security zone 
pursuant to its regulatory authority in 50 U.S.C. 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.
    On March 8, 1996, the Coast Guard published a final rule (61 FR 
9348) which established 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 rule has been in effect since March 1, 1996. The zone 
established by that rule prohibits private, noncommercial vessels less 
than 50 meters in length from departing the security zone with the 
intent to enter Cuban territorial waters, absent express authorization 
from the Captain of the Port (COTP). This rule revises the security 
zone by adding additional security measures that prohibit a similar 
class of vessels from getting underway in or departing the security 
zone with the intent to enter Cuban territorial waters without express 
authorization of the COTP. Under this revised rule, commercial vessels 
less than 50 meters in length are subject to the same restrictions as 
private, noncommercial vessels less than 50 meters in length. This 
revised rule is effective upon signature. Additionally, though the 
revised security zone created by this rule is effective upon signature, 
the Coast Guard by policy will give actual notice before enforcing the 
zone. This revision will minimize any limitations on traditional 
freedoms of navigation.
    The Coast Guard has determined that control of the movement of non-
public vessels less than 50 meters in length in the security zone, or 
departure of such vessels 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 prevent threatened disturbance of the international relations of 
the United States. These controls do not apply to foreign flag vessels 
in innocent passage in the territorial sea of the United States. 
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.

[[Page 26391]]

    The COTP may issue appropriate orders to control the launching, 
anchorage, docking, mooring, operation, and movement of all subject 
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 get underway in or 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. As a condition of getting underway 
in or departing from the security zone, the COTP has the discretion, 
where there is an articulable basis to believe that a vessel intends to 
enter Cuban territorial waters, to require the owner, master or person 
in charge to provide verbal assurance to the COTP that the vessel will 
not enter Cuban territorial waters and require that the COTP be 
informed of the identity of all persons on board the vessel.
    Vessels 50 meters or greater in length and foreign flagged vessels 
in innocent passage in the territorial sea of the United States are 
exempt from these security zone control regulations. Past experiences, 
including the July 13, 1995 Flotilla, the September 2, 1995 attempted 
Flotilla, the March 2, 1996 Flotilla and the July 13, 1996 Flotilla did 
not involve vessels outside the subject class of vessels. Commercial 
vessels are no longer exempted from the departure control regulations. 
The Coast Guard has determined that it is necessary to add commercial 
vessels to the scope of coverage of this regulation to provide for the 
safety of United States citizens and residents and to prevent 
threatened disturbance of the international relations of the United 
States. The regulation has also been revised to clarify that the 
restrictions apply to all auxiliary vessels associated with any vessel 
within the security zone.
    Any non-public vessel less than 50 meters in length getting 
underway from a berth, pier, mooring, or anchorage in the security zone 
or departing 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 criminal fines and imprisonment. Making a 
false statement to any agency of the United States may result in 
additional penalties pursuant to 18 U.S.C. 1001.
    This rule is published as a final rule, which is effective upon the 
signing of this rule. It is based upon a Presidential declaration of a 
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 regulatory evaluation 
is not required. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). For the reasons stated above, the USCG certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. This rule does not impose unfunded mandates 
or contain reporting or recordkeeping requirements that require new 
approval under the Paperwork Reduction Act.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e(34)(g) of Commandant 
Instruction M16475.1B. this proposal is categorically excluded from 
further environmental documentation. A categorical exclusion 
determination and an environmental analysis checklist have been 
completed and are available in the docket.

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, 
Waterways.

    In consideration of the foregoing, Part 165 of Title 33, Code of 
Federal Regulations, is amended as follows:
    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. Section 165.TO7-013 is revised to read as follows:


Sec. 165.TO7-013  Security Zone: Internal waters and territorial seas 
adjacent to Florida south of 26 deg.19'N latitude.

    (a) Location. The following area is established as a security zone: 
All U.S. internal waters and territorial seas adjacent to the State of 
Florida south of 26 deg.19'N latitude. In general these are the U.S. 
internal waters and territorial seas adjacent to Collier, Dade, Monroe 
and Broward Counties of the State of Florida.
    (b) Applicability. This section applies to non-public vessels less 
than 50 meters (165 feet) in length and all associated auxiliary 
vessels within the security zone, but shall not apply to foreign 
flagged vessels in innocent passage in the territorial sea of the 
United States. For the purpose of this section, an ``auxiliary vessel'' 
includes every description of watercraft or other artificial 
contrivance used or capable of being used as a means of transportation 
on water attached to, or embarked in, another vessel to which this 
section applies.
    (c) Regulations. (1) The general regulations in Sec. 165.33 of this 
part do not apply to this security zone.
    (2) Non-public vessels less than 50 meters (165 feet) in length and 
persons on board those vessels may not get underway from a berth, pier, 
mooring or anchorage in the security zone, or depart from the security 
zone, with the intent to enter Cuban territorial waters without express 
written authorization from one of the following officials or their 
designees; Commander, Seventh Coast Guard District; the Captain of the 
Port Miami; or the Captain of the Port Tampa. The aforementioned 
officials may issue orders to control the movement of vessels to which 
this section applies.
    (3) Where there is an articulable basis to believe a vessel to 
which this section applies intends to enter Cuban

[[Page 26392]]

territorial waters, an above referenced official may require the 
master, owner, or person in charge of a vessel within the security 
zone, including all auxiliary vessels, to provide verbal assurance that 
the vessel will not enter Cuban territorial waters as a condition for a 
vessel to get underway from a berth, pier, mooring, or anchorage in the 
security zone, or depart from the security zone. In addition, an above 
referenced official may require the master, owner, or person in charge 
of the vessel to identify all persons on board the vessel and provide 
verbal assurances that all persons on board have received actual notice 
of these regulations.
    (4) The owner or person in charge of the vessel shall maintain the 
express written authorization for the vessel on board the vessel.
    (d) Enforcement. (1) Vessels or persons violating this section may 
be subject to:
    (i) Seizure and forfeiture of the vessel;
    (ii) A monetary penalty of not more than $10,000; and
    (iii) Imprisonment for not more than 10 years.
    (2) Violation of 18 U.S.C. Sec. 1001 may result in imprisonment for 
not more than five years or a fine, or both.
    (e) This section implements Presidential Proclamation No. 6867. 
This section is issued under the authority delegated in Department of 
Transportation Order No. 96-3-7.

    Dated: May 7, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-12646 Filed 5-13-97; 8:45 am]
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