[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41274-41275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20335]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Jacksonville 97-035]
RIN 2115-AA97
Security Zone; Port Canaveral, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 200 yard moving security
zone around HMS Vigilant while the vessel is underway in U.S. waters in
the vicinity of Port Canaveral, Florida. The zone is needed to
safeguard HMS Vigilant 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.
DATES: These regulations become effective at 7 a.m. on July 31, 1997,
and terminate at 7 a.m. on November 1, 1997, unless terminated earlier
by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
Ensign C. A. Purtell, Waterways Management Officer, USCG Marine Safety
Office, Jacksonville at (904) 232-2957.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The event requiring this regulation is the arrival and departure of
HMS Vigilant into U.S. waters enroute to and from Port Canaveral,
Florida. The vessel is scheduled to make multiple entries and exits
into the Port of Canaveral between August 1 and October 31, 1997. A
security zone is necessary to safeguard HMS Vigilant 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.
The security zone will be established in an area 200 yards in all
directions around HMS Vigilant when entering or departing Port
Canaveral. The security zone will be enforced for a period of
approximately two hours during the arrival and departure of this
vessel. The Coast Guard will assign a patrol and issue a Broadcast
Notice to Mariners to advise marine interests of the security zone in
advance of the vessel's arrival and departure. This security zone will
be enforced only during the time indicated in the Broadcast Notice to
Mariners.
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 a NPRM and delaying its effective date would be contrary to
the public interest since immediate action is needed to prevent
potential damage to HMS Vigilant as the
[[Page 41275]]
vessel is scheduled to arrive in less than two weeks.
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. This
conclusion is based on the limited duration of the moving security
zone, the extensive advisories that will be made to the affected
maritime community and the minimal restrictions the regulations will
place on vessel traffic. These regulations will be in effect for a
total of approximately four hours per port call for the vessel.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities because of the short duration of the disruption to
regular navigation.
Collection of Information
These regulations contain no collection of information requirements
sunder the Paperwork Reduction Act (44 U.S.C. 3501-3520).
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 and has concluded under paragraph 2.B.2.e(34)(g) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), that
this proposal is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and Environmental
Analysis Checklist is available in the docket for inspection or
copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Final Regulation
In consideration of the foregoing, the Coast Guard amends Subpart C
of Part 165 of Title 33, Code of Federal Regulations, 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 section 165.T07-035 is added to read as follows:
Sec. 165.T07-035 Security Zone: Port Canaveral Entrance Channel, Port
Canaveral, FL.
(a) Regulated Area. A moving security zone is established in the
following area:
(1) The waters around HMS Vigilant when entering Port Canaveral in
an area 200 yards in all directions, beginning at the Port Canaveral
Ship Channel, Approach Channel Lighted Whistle Buoy #3, (LLN 8640),
position 28 deg.31'50'' N, 080 deg.22'31'' W and continues until the
vessel is safely moored at the Port Canaveral East Turning Basin. All
coordinates referenced use datum: NAD 83.
(2) The waters around HMS Vigilant when the vessel leaves her berth
at the Port Canaveral East Turning Basin in an area 200 yards in all
directions, until it exits the Port Canaveral Ship Channel, Approach
Channel Lighted Whistle Buoy #3, (LLN 8640), position 28 deg.31'50''N,
080 deg.22'31''W. All coordinates referenced use datum: NAD 83.
(b) Regulations.
(1) No person or vessel may enter, transit, or remain in the
security zone unless authorized by the Captain of the Port,
Jacksonville, Florida, or a Coast Guard commissioned, warrant, or petty
officer designated by him.
(2) Vessels encountering emergencies which require transit through
the moving security zone should contact the security zone patrol craft
on VHF Channel 16. In the event of an emergency, the security zone
patrol craft may authorize a vessel to transit through the security
zone with a designated escort.
(3) All persons and vessels shall comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state law enforcement officials may be
present to inform vessel operators of this regulation and other
applicable laws.
(c) Effective Dates. These regulations become effective at 7 a.m.
on July 31, 1997, and terminate at 7 a.m. on November 1, 1997, unless
terminated earlier by the Captain of the Port.
Dated: July 23, 1997.
Donald S. Lewis,
Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, FL.
[FR Doc. 97-20335 Filed 7-29-97; 4:37 pm]
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