[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Rules and Regulations]
[Pages 38476-38478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19265]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-98-006]
RIN 2115-AE46
Security Zone; Coast Waters Adjacent to Florida
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Pursuant to Presidential Proclamation No. 6867, declaring a
national emergency, the Coast Guard, after consultation with the
Department of Justice, established a security zone, restricting the
operation of certain vessels within the internal waters and territorial
seas of the United States, adjacent to or within the coastal waters
around southern Florida. The Coast Guard is revising the security zone
to encompass 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 (defined in 33 CFR 3.35-
1); that is, all the described waters in and off Florida with the
exception of those waters west of 083-50 W. The Coast Guard Captain of
the Port (COTP) may exercise complete control over all vessel
operations and movements within the security zone. Non-public vessels
of less than 50 meters (165 feet) in length, may not get underway in or
depart the security zone with the intent to enter Cuban territorial
waters, absent express authorization from the COTP. These vessels
control measures are 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 July 14, 1998 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: Permission of a Captain of the Port (COTP) to depart the
security zone with the intent of entering Cuban territorial waters may
be obtained from the following U.S. Coast Guard units: Marine Safety
Office Miami, 51 S.W. First Avenue, Miami, FL 33130, ph. (305) 536-
5693; Marine Safety Office Tampa, 155 Columbia Drive, Tampa, FL 33603,
ph. (813) 228-2195; Marine Safety Office Jacksonville, 7802 Arlington
Expy., Suite 400, Jacksonville, FL 32211-7445; Station Miami Beach, 100
MacArthur Causeway, Miami Beach, FL 33139, ph. (305) 535-4368; Station
Fort Lauderdale, 7000 N. Ocean Dr., FL 33004, ph. (305) 927-1611;
Station Marathon, 1800 Overseas Highway, Marathon, FL 33050, ph. (305)
743-1945; Station Islamorada, PO Box 547, 183 Palermo Dr., Islamorada,
FL 33036, ph. (305) 292-8862; Station Key West, Key West, FL 33040, ph.
(305) 292-8862; Station Fort Myers Beach, 719 San Carlos Drive, Fort
Myers Beach, FL 33931, ph. (813) 463-5754. Additional locations may be
established.
FOR FURTHER INFORMATION CONTACT:
Chief, Marine Safety Division, Seventh Coast Guard District, 909 SE
First Avenue, Brickell Plaza Federal Building, Miami, FL 33931, Phone
(305) 536-5651.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Regulatory History
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. 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 U.S.C. 191 and as supplemented by the
authority delegated to the Secretary of Transportation in the
Presidential Proclamation, established a security zone.
This security zone established on March 1, 1996, 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. The security zone prohibits 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.
Discussion of Rule
This temporary rule further amends the security zone by expanding
its geographic scope of the Florida peninsula. During the Pope's visit
to Cuba in January, 1998, several boaters asserted that they had evaded
the requirements of the security zone by departing for Cuba from a port
north of Fort Lauderdale, outside the geographic limits of the prior
security zone. Expansion of the geographic limits of the security zone
around Florida will cure this potential enforcement problem, thereby
enhancing boater safety and better preventing a possible disturbance of
the foreign relations of the United States.
The Coast Guard has determined that control of the movement of non-
public vessels less than 50 meters in length in the security zone, or
departure of such vessels from the security zone, with the intent to
enter Cuban territorial waters (hereinafter ``subject vessels''), is
necessary to protect the safety of United States citizens and residents
and prevent threatened disturbance of the international relations of
the United States. These controls do not apply to foreign flag vessels
in innocent passage in the territorial sea of the United States.
Maintaining such control of vessel movement will necessitate some
temporary limitations on traditional freedoms of navigation. Efforts
will be made to keep these limitations to a minimum.
[[Page 38477]]
A COTP may issue appropriate orders to control the launching,
anchorage, docking, mooring, operation, and movement of all subject
vessels within the security zone. Additionally, the COTP may remove all
persons not specifically authorized to go or remain on board the
subject vessel, may place guards on the subject vessel and may take
full or partial possession or control of any such vessel or part
thereof. Such actions to be taken are in the discretion of the COTP as
deemed necessary to ensure compliance with the provisions of the
security zone or any other order issued under the authority of the
COTP.
Under the special regulations included in this rule, subject
vessels may not get underway in or depart from the security zone
without express authorization from the COTP. Authorization may be
requested in person or in writing. If the request is approved, the COTP
will issue a written authorization. As a condition of getting underway
in or departing from the security zone, the COTP has the discretion,
where there is an articulable basis to believe that a vessel intends to
enter Cuban territorial waters, to require the owner, master or person
in charge to provide verbal assurance to the COTP that the vessel will
not enter Cuban territorial waters and require that the COTP be
informed of the identity of all persons on board the vessel.
Vessels 50 meters or greater in length and foreign flagged vessels
in innocent passage in the territorial sea of the United States are
exempt from these security zone control regulations. Past experiences,
including flotillas on July 13, 1995, September 2, 1995, March 2, 1996,
July 13, 1996, May 17, 1997, July 13, 1997, November 1, 1997, and
January 23-24, 1998, did not involve vessels outside the subject class
of vessels. This temporary rule expands the geographic scope of the
security zone to the Florida peninsula.
Any non-public vessel less than 50 meters in length getting
underway from a berth, pier, mooring, or anchorage in the security zone
or departing from the security zone, with the intent to enter Cuban
territorial waters, without having express authorization from the COTP
will be in violation of the security zone. Failure to comply with the
regulations or orders issued under the authority of the COTP may result
in seizure and forfeiture of the vessel, suspension or revocation of
Coast Guard licenses, and criminal fines and imprisonment. Making a
false statement to any agency of the United States may result in
additional penalties pursuant to 18 USC Sec. 1001.
This rule is published as a final rule, which is effective upon the
signing of this rule. It is based upon a Presidential declaration of a
national emergency. Because of recent events discussed in the preamble
above, 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. For this reason, the
Coast Guard finds good cause, under 5 USC 553(B) and (d), that 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).
Regulatory Process Matters
This final rule, designed under the emergency conditions, is not a
significant regulatory action under section 3(f) of Executive Order
12866 and does not require an assessment of potential cost and benefits
under section 6(a)(3) of that order. Therefore, a regulatory evaluation
is not required. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). For the reasons stated above, the USCG certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This rule does not impose unfunded mandates
or contain reporting or record keeping requirements that require new
approval under the Paperwork Reduction Act.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1 of Commandant Instruction
M16475.1C, this proposal is categorically excluded from further
environmental documentation. A categorical exclusion determination and
an environmental analysis checklist have been completed and are
available in the docket.
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule will not have sufficient federalism implication to
warrant preparation of a Federalism Assessment.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures and
waterways.
In consideration of the foregoing, Part 165 of Title 33, Code of
Federal Regulations, is amended 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 the heading and paragraph (a) to read
as set forth below, and republish paragraphs (b) through (d) to read as
follows:
Sec. 165.T07-013 Security Zone: Internal waters and territorial seas
adjacent to the Florida peninsula.
(a) Location. The following area is established as a security zone:
All U.S. internal waters and territorial seas adjacent to the State of
Florida south of the Florida-Georgia border and extending seaward three
nautical miles from the baseline from which the territorial sea is
measured around the Florida peninsula to the extent where the Florida
panhandle and adjacent internal waters and territorial sea intersect
with longitude 83 deg.50' West. In general these are the U.S. internal
waters and territorial seas adjacent to the Florida peninsula.
(b) Applicability. This section applies to non-public vessels less
than 50 meters (165 feet) in length and all associated auxiliary
vessels within the security zone, but shall not apply to foreign
flagged vessels in innocent passage in the territorial sea of the
United States. For the purpose of this section, an ``auxiliary vessel''
includes every description of watercraft or other artificial
contrivance used or capable of being used as a means of transportation
on water attached to, or embarked in, another vessel to which this
section applies.
(c) Regulations. (1) The general regulations in Sec. 165.33 of this
part do not apply to this security zone.
(2) 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 from 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; or the Captain of the Port Tampa. The aforementioned
officials may issue orders to control the
[[Page 38478]]
movement of vessels to which this section applies.
(3) Where there is an 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. 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.
(4) The owner or person in charge of the vessel shall maintain the
express written authorization for the vessel on board the vessel.
(d) Enforcement. (1) Vessels or persons violating this section may
be subject to:
(i) Seizure and forfeiture of the vessel;
(ii) A monetary penalty of not more than $10,000; and
(iii) Imprisonment for not more than 10 years.
(2) Violation of 18 U.S.C. 1001 may result in imprisonment for not
more than five years or a fine, or both.
(e) This section implements Presidential Proclamation No. 6867.
This section is issued under the authority delegated in Department of
Transportation Order No. 96-3-7.
Dated: July 14, 1998.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District
Acting
[FR Doc. 98-19265 Filed 7-15-98; 3:37 pm]
BILLING CODE 4910-15-M
