[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Notices]
[Page 41366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15589]



[[Page 41365]]

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Part IV





Department of Homeland Security





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Coast Guard



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33 CFR Parts 107 and 165



Order Governing the Anchorage and Movement of Vessels Into Cuban 
Territorial Waters; Notice, Unauthorized Entry Into Cuban Territorial 
Waters; Final Rule

  Federal Register / Vol. 69, No. 130 / Thursday, July 8, 2004 / 
Notices  

[[Page 41366]]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Order 2004-001]


Order Governing the Anchorage and Movement of Vessels Into Cuban 
Territorial Waters

AGENCY: Department of Homeland Security, Office of the Secretary.

ACTION: Notice.

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SUMMARY: Under the provisions of 50 U.S.C. 191, whenever the President 
declares a national emergency to exist by reason of actual or 
threatened war, insurrection, or invasion, or disturbance or threatened 
disturbance of the international relations of the United States, the 
Secretary of Homeland Security (``the Secretary'') may make, subject to 
the approval of the President, rules and regulations governing the 
anchorage and movement of any vessel, foreign or domestic, in the 
territorial waters of the United States. In Proclamation 7757 (69 FR 
9515, March 1, 2004), the President expanded the scope of the national 
emergency and emergency authority declared in Proclamation 6867 (61 FR 
8843, March 5, 1996), and authorized and directed the Secretary to make 
and issue rules and regulations as the Secretary may find appropriate 
to regulate the anchorage and movement of vessels, and delegated to the 
Secretary authority to approve such rules and regulations. By order, 
the Secretary has taken action to implement Proclamation 7757.

SUPPLEMENTARY INFORMATION: The President further directed that all 
powers and authorities delegated in Proclamation 7757 to the Secretary 
may be delegated by the Secretary to other officers and agents of the 
United States Government unless otherwise prohibited by law.
    The President authorized the Secretary to make rules and 
regulations governing the anchorage and movement of any vessel, foreign 
or domestic, in the territorial waters of the United States, which may 
be used, or is susceptible of being used, for voyage into Cuban 
territorial waters and that may create unsafe conditions, or engage in 
unauthorized transactions, and thereby threaten a disturbance of 
international relations. Rules and regulations issued pursuant to 
Proclamation 7757 are effective immediately upon issuance as such rules 
and regulations involve a foreign affairs function of the United States 
and thus are not subject to the procedures in 5 U.S.C. 553.
    By order, the Secretary has directed and authorized the United 
States Coast Guard to regulate the anchorage and movement of any 
vessel, foreign or domestic, in the territorial waters of the United 
States which may be used, or is susceptible of being used, for voyage 
into Cuban territorial waters and that may create unsafe conditions, or 
engage in unauthorized transactions, and thereby threaten a disturbance 
of international relations. Such regulation will be accomplished 
according to the provisions of 50 U.S.C. 191, and Presidential 
Proclamation 7757. The Secretary has authorized the Commandant of the 
United States Coast Guard, and subject to the direction of the 
Commandant, Commanders of a Coast Guard Area or District, to exercise 
all powers and authorities vested in the Secretary by 50 U.S.C. 191, 
and Presidential Proclamation 7757, including the power to make 
additional rules and regulations. This authority may be further 
delegated.
    Secretary of Homeland Security Order 2004-001 supersedes Secretary 
of Transportation Order 96-3-7 (61 FR 9219 (March 1, 1996)).

DATE: Effective June 3, 2004. Secretary of Homeland Security Order 
2004-001 will terminate when the national emergency declared by the 
President in Proclamation 6867, and expanded in scope by Proclamation 
7757, terminates. The Office of the Secretary will publish a separate 
document in the Federal Register announcing termination of this order.

FOR FURTHER INFORMATION CONTACT: Commander John F. Koeppen, Office of 
Regulations and Administrative Law (G-LRA), U.S. Coast Guard 
Headquarters, telephone (202) 267-1534.

    Dated: June 3, 2004.
Tom Ridge,
Secretary of Homeland Security.

Establishing Regulations Governing the Anchorage and Movement of 
Vessels Into Cuban Territorial Waters

    By the authority vested in me as Secretary of Homeland Security 
by section 1 of title II of the Act of June 15, 1917 (the Act), as 
amended (50 U.S.C. 191), sections 877, 888, 1511, and 1512 of Public 
Law 107-296 (6 U.S.C. 457, 468, 551, 552), and Proclamation 7757, in 
which the President expanded the scope of the national emergency and 
emergency authority declared in Proclamation 6867, and delegated 
certain functions, I hereby order as follows:
    Section 1: In furtherance of the purposes of Presidential 
Proclamation 7757, the Commandant of the United States Coast Guard, 
and subject to the direction of the Commandant, the Commanders of 
Coast Guard Areas or Districts (as described by 33 CFR part 3) are 
directed and authorized to regulate the anchorage and movement of 
any vessel, foreign or domestic, in the territorial waters of the 
United States which may be used, or is susceptible of being used, 
for voyage into Cuban territorial waters and that may create unsafe 
conditions, or result in unauthorized transactions, and thereby 
threaten a disturbance of international relations. Such regulation 
shall be according to the provisions of the Act and Presidential 
Proclamation 7757. All actions authorized under those authorities, 
including, but not limited to, inspection of any vessel, foreign or 
domestic, in the territorial waters of the United States, at any 
time; and placing guards on any such vessel; taking full possession 
and control of any such vessel and removing the officers and crew, 
and all other persons not specifically authorized to go or remain on 
board the vessel, when necessary to secure the rights and 
obligations of the United States, are authorized for carrying out 
the purposes of this Order.
    Section 2: While the national emergency and emergency authority 
declared in Presidential Proclamation 6867 and expanded in scope by 
Presidential Proclamation 7757 continues to exist, the Commandant of 
the United States Coast Guard, and subject to the direction of the 
Commandant, the Commanders of Coast Guard Areas or Districts (as 
defined by 33 CFR part 3), are delegated and may exercise all powers 
and authorities vested in the Secretary of Homeland Security by the 
Act and Presidential Proclamation 7757, including the power to make 
additional rules and regulations governing the anchorage and 
movement of any vessel, foreign or domestic, in the territorial 
waters of the United States.
    Section 3: All powers and authorities delegated by this Order to 
the Commandant of the United States Coast Guard, and subject to the 
direction of the Commandant, the Commanders of Coast Guard Areas or 
Districts (as defined by 33 CFR part 3), may be delegated by those 
officers to appropriate Captains of the Port of the United States 
Coast Guard unless otherwise prohibited by law.
    Section 4: This Order supersedes Secretary of Transportation 
Order No. 96-3-7.


    Dated: June 3, 2004.

Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-15589 Filed 7-6-04; 1:25 pm]
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