[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29022-29023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14424]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Miami 96-039]
RIN 2115-AA97
Security Zone Regulations: U.S. Coast Guard Base Miami Beach;
Miami Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: These regulations are initiated to remove 33 CFR
Sec. 165.T0706. This security zone regulation was established to
protect U.S. Coast Guard Base Miami Beach and vessels moored thereto
from potential subversive acts by any unknown person(s) hostile to the
United States. The potential threat stemmed from the United States'
support of the United Nations Resolutions calling for the removal of
Iraqi military forces from Kuwait. The Iraqi military forces have been
removed from Kuwait and the danger of subversive acts is no longer
present. Therefore, the Coast Guard is removing 33 CFR Sec. 165.T0706.
EFFECTIVE DATE: June 7, 1996.
FOR FURTHER INFORMATION CONTACT:
BMC J.L. Belk, project officer, Port Management and Response
Department, USCG Marine Safety Office at (305) 536-5693.
SUPPLEMENTARY INFORMATION: The Coast Guard finds in accordance with 5
U.S.C. 553, good cause exists for proceeding directly to a final rule
and making this rule effective in less than 30 days. This final rule
removes a temporary security zone put in place during the Gulf War
1991. The potential threat to U.S. Coast Guard Base Miami Beach has not
existed since 1991 and the end of hostilities with Iraq. Therefore,
publishing an NPRM or delaying the effective date of this final rule is
unnecessary and the Coast Guard is proceeding directly to final rule,
effective on publication in the Federal Register.
[[Page 29023]]
Discussion of Regulations
The security zone regulations for Coast Guard Base Miami Beach were
published as an emergency rule in the Federal Register on February 13,
1991 [56 FR 5754]. These security zone regulations were established due
to the potential threat stemming from the United States' support of
United Nations Resolutions calling for the removal of Iraqi military
forces from Kuwait. This increased the possibility of acts of terrorism
or sabotage by unknown person(s) against United States Coast Guard Base
Miami Beach facilities. In 1991, the United States and other United
Nations member forces freed Kuwait and the region was restored to
order. This action decreased the possibility of acts of terrorism or
sabotage against United States Coast Guard Base Miami Beach facilities.
Therefore, this security zone regulation is no longer necessary, and
the Coast Guard is removing the rule at 33 CFR Sec. 165.T0706.
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. It
has not been reviewed 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This rule will remove a current security zone and thereby lessen any
economic burden.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small business and not-for-profit
organizations that are independently owned and operated and not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons set forth above, the Coast Guard certifies this
action will not have a significant economic impact on small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.).
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 rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and has determined pursuant to section 2.B.2. of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994) that
this rule is categorically excluded from further environmental
documentation. A categorical exclusion checklist and categorical
exclusion determination have been completed and are available for
inspection and copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
In consideration of the foregoing, the Coast Guard amends, Subpart
D of Part 165 Title 33, Code of Federal Regulations as follows:
PART 165--[AMENDED]
1. The authority citation of 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.
Sec. 165.T0706 [Removed]
2. Section 165.T0706 is removed.
Dated: May 28, 1996.
D. F. Miller,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 96-14424 Filed 6-5-96; 8:45 am]
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