[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11224]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Jacksonville 94-056]
RIN 2115-AA97
Security Zone Regulations; Port Canaveral, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 500 yard moving security
zone around HMS VANGUARD while the vessel is underway in U.S. waters in
the vicinity of Port Canaveral Florida. The vessel will make multiple
entries and exists into Port Canaveral Florida between April 21 and
August 15, 1994. The zone is needed to safeguard HMS VANGUARD 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 Jacksonville, Florida.
EFFECTIVE DATES: This regulation becomes effective on April 21 and
terminates August 15, 1994.
FOR FURTHER INFORMATION CONTACT:
Lieutenant A. Varamo, MSO Jacksonville, FL at Tel: (904) 232-2648.
SUPPLEMENTARY INFORMATION: 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 an NPRM and delaying its effective
date would be contrary to the public interest since immediate action is
necessary to prevent damage to or destruction of the HMS VANGUARD.
Drafting Information
The drafters of this regulation are Lieutenant A. Varamo, project
officer for the Captain of the Port, and Lieutenant J. Losego, project
attorney, Seventh Coast Guard District Legal Office.
Discussion of Regulation
The event requiring this regulation is the arrival and departure of
HMS VANGUARD into U.S. waters enroute to Port Canaveral, Florida. The
vessel is scheduled to make multiple entries and exits into the Port of
Canaveral between April 21 and August 15, 1994. A security zone is
necessary to safeguard HMS VANGUARD 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.
This regulation is issued pursuant to 33 U.S.C. 1231 as set out in
the authority citation for all of Part 165.
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 consistent with Section 2.B.2.C. of Commandant Instruction
M16475.1B, and actions to protect public safety have been determined to
be categorically excluded from further environmental documentation.
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. The moving security zone extends 500 yards in all
directions around the HMS VANGUARD when the vessel enters U.S.
territorial seas. The security zone remains in effect as long as the
vessel is underway in U.S. waters and terminates upon arrival at the
East Basin, Port Canaveral, Florida. Upon departure, the 500 yard
moving security zone shall be in effect until the vessel transits
beyond the U.S. territorial seas, unless terminated earlier by the
Captain of the Port Jacksonville, Florida.
Since the impact of this proposal is expected to be minimal, the
Coast Guard certifies that, if adopted, it will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, subpart C of part 165 of Title
33, Code of Federal Regulations, is amended 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 Sec. 165.T07-056 is added to read as follows:
Sec. 165.T07-056 Security Zone: Port Canaveral Entrance Channel.
(a) Location. The following area is a Security Zone: All waters 500
yards in all directions around HMS VANGUARD as it transits to and from
the Port Canaveral East Basin through the Port Canaveral Entrance
Channel. The security zone will remain in force while the vessel is
underway in U.S. waters.
(b) Effective date. This section becomes effective two hours prior
to arrival and departure of the vessel in U.S. waters. The vessel is
expected to make multiple entries and exits into the Port of Canaveral
between April 21 and August 15, 1994. It remains in effect as long as
HMS VANGUARD is underway in U.S. waters and terminates upon arrival at
the East Basin in Port Canaveral, or on departure, transits beyond the
U.S. territorial seas, unless terminated earlier by the Captain of the
Port Jacksonville, FL. Commencement of this Security zone will be
announced in a Local Broadcast Notice to Mariners immediately prior to
arrival into U.S. waters.
(c) Regulation. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.
(2) This regulation does not apply to United States Naval vessels
or other authorized law enforcement agencies operating within the
Security Zone.
Dated: April 21, 1994.
D.F. Miller,
Commander, U.S. Coast Guard, Alternate Captain of the Port,
Jacksonville, Florida.
[FR Doc. 94-11224 Filed 5-9-94; 8:45 am]
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