[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Rules and Regulations]
[Pages 65783-65785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28057]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 07-00-091]
RIN 2115-AA97


Security Zone; Coastal Waters Adjacent to Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard, after consultation with the Department of 
Justice, established a security zone, restricting operation of certain 
vessels within the internal waters and territorial seas of the United 
States, adjacent to or within the State of Florida and within the 
boundaries of the Seventh Coast Guard District. The Coast Guard is 
revising the security zone to better define enforcement of the zone and 
the process for applying for a permit to depart the zone. This rule is 
necessary to provide for the safety of the United States citizens and 
residents and to prevent threatened disturbances of the international 
relations of the United States.

DATES: This rule is effective October 13, 2000 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: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD07-00-091] and are available for 
inspection or copying at the Seventh Coast Guard District office, 909 
SE. First Avenue, Miami, FL, 33131, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

[[Page 65784]]


FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Steve Andersen, 
Seventh Coast Guard District, 909 SE First Avenue, Miami, FL 33131, 
Phone (305) 415-6950.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Further, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.
    This rule is based upon a Presidential declaration of a national 
emergency. Because of recent events discussed below, 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. Therefore 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. Further, because this temporary rule 
involves the foreign affairs of the United States it is excepted from 
rulemaking procedures in accordance with 5 USC 553(a)(1).

Background and Purpose

    On March 1, 1996, the President of the United States signed 
Proclamation No. 6867 declaring a national emergency following the 
February 24, 1996, shooting down of two Brothers to the Rescue aircraft 
by Cuban armed forces. In the Proclamation, which addressed the 
disturbances or threatened disturbances of United States international 
relations, the President authorized the Secretary of Transportation to 
regulate the anchorage and movement of domestic and foreign vessels. 
Order No. 96-3-7, signed by the Secretary of Transportation delegated 
this authority to the Commandant, United States Coast Guard. This 
authority has been further delegated to the Commander, Seventh Coast 
Guard District and appropriate Captains of the Port. 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 on March 8, 1996 (61 FR 9348) pursuant to its 
regulatory authority in 50 USC 191 and as supplemented by the authority 
delegated to the Secretary of Transportation in the Presidential 
Proclamation, established a security zone.
    This security zone restricted 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. This security 
zone prohibited 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).
    On May 14, 1997 (62 FR 26390) the Coast Guard published a temporary 
rule revising the security zone by 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 from the COTP. Additionally, under 
the revised security zone, commercial vessels less than 50 meters in 
length became subject to the same restrictions as private, 
noncommercial vessels less than 50 meters in length.
    On July 17, 1998 (63 FR 38476) the Coast Guard published a 
temporary rule again revising the security zone by expanding its 
geographic scope to the Florida peninsula, encompassing all of the 
internal waters and territorial seas of the United States adjacent to 
or within the State of Florida and within the boundaries of the Seventh 
Coast Guard District.

Discussion of Rule

    This temporary rule further amends the security zone by providing 
streamlined procedures and timing guidelines for processing requests to 
depart the security zone. The Coast Guard shall have ten (10) calendar 
days from the receipt of the application to decide whether an 
application for written authorization will be granted or denied. Upon 
notification by the Coast Guard that an application has been denied, 
the applicant has three (3) business days in which to request a written 
denial notification. If such a request is made within the three (3) 
business days after the Coast Guard's notice of denial, the Coast Guard 
has fifteen (15) calendar days to provide specific, written reasons 
stating the basis for the denial. This amendment clarifies the 
procedure to be used by the Coast Guard in the handling of applications 
and the acceptance or denial of such applications for vessels in the 
security zone.
    This temporary rule will also amend the security zone by adding the 
word ``reasonable'' to more accurately define the ``articulable basis'' 
standard for requesting verbal assurances that a vessel will not enter 
Cuban territorial waters. Officials must have a reasonable articulable 
basis to require a verbal assurance from a vessel owner that the vessel 
will not enter Cuban territorial waters, as a condition for a vessel to 
get underway from within the security zone, or depart from the security 
zone.
    Finally, this temporary rule adds a new provision that states that 
the failure of a vessel master, owner or person in charge of a vessel 
within the security zone, including all auxiliary vessels, to provide 
requested verbal assurances shall not be used as the sole basis for 
seizing the vessel for forfeiture under the security zone.

Regulatory Evaluation

    This rule 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. The 
Office of Management and Budget has not reviewed it 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). This rule is based upon a Presidential declaration of a national 
emergency. Further, these revisions to the rule seek to clarify the 
procedures, rights, and duties under the security zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
depart the security zone with the intent to enter Cuban territorial 
waters. However, this rule will not have a significant economic impact 
on a substantial number of small entities because it contains 
provisions to obtain authorization to depart the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 65785]]

Fairness Act of 1996 (Pub. L. 104-121), we will assist small entities 
in understanding the rule so that they could better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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).

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).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, of Commandant Instruction 
M16475.lC, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Security measures and 
waterways.

    In consideration of the foregoing, the Coast Guard amends 33 CFR 
Part 165 as follows:
    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. In Sec. 165.T07-013 revise paragraphs (c)(2) and (c)(3) to read 
as follows:


Sec. 165.T07-013  Security Zone : Internal waters and territorial seas 
adjacent to the Florida peninsula.

* * * * *
    (c) * * *
    (2)(i) 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 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; the Captain of Port Tampa; or the Captain of the Port of 
Jacksonville. Upon receiving a request for written authorization, the 
aforementioned officials shall have ten (10) calendar days from the 
receipt of the application, to decide whether an application for 
written authorization shall be granted or denied. Upon notification by 
the aforementioned officials that the application has been denied, the 
applicant has three (3) business days in which to request a written 
denial notification. If such a request is made within three (3) 
business days after the Coast Guard's notice of denial, the 
aforementioned officials have fifteen (15) calendar days to provide 
specific, written reasons stating the basis for denial. The 
aforementioned officials may issue orders to control the movement of 
vessels to which this section applies.
    (ii) Applications for permission to depart the security zone with 
the intent of entering Cuban territorial waters may be obtained by 
writing or calling Commander (oi), Seventh Coast Guard District, 909 SE 
First Avenue, Miami, FL 33131, phone (305) 415-6920. The completed 
application may be returned via mail, or facsimile to (305) 415-6925. 
Further, applications may be obtained from the following U.S. Coast 
Guard units: Marine Safety Office Miami, 100 MacArthur Causeway, Miami, 
FL 33139, ph. (305) 536-5693; Marine Safety Office Tampa, 155 Columbia 
Drive, Tampa, FL 33606, ph. (813) 228-2195; Marine Safety Office 
Jacksonville, 7820 Arlington Expy., Suite 400, Jacksonville, FL 32211, 
ph. (904) 232-2640; Coast Guard Group Key West, Florida, ph. (305) 292-
7500.
    (3) Where there is a reasonable, articulable basis to believe a 
vessel to which this section applies intends to enter Cuban territorial 
waters, an official referenced in paragraph (c)(2) of this section 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. The 
failure of a vessel master, owner, or person in charge of a vessel 
within the Security Zone, including all auxiliary vessels, to provide 
requested verbal assurances shall not be used as the sole basis for 
seizing the vessel for forfeiture under the Security Zone. In addition, 
an official referenced in paragraph (c)(2) 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 the regulations in this section.
* * * * *

    Dated: October 13, 2000.
G.W. Sutton,
Captain, U.S Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 00-28057 Filed 11-01-00; 8:45 am]
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