97-20335. Security Zone; Port Canaveral, FL  

  • [Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
    [Rules and Regulations]
    [Pages 41274-41275]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-20335]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 165
    
    [COTP Jacksonville 97-035]
    RIN 2115-AA97
    
    
    Security Zone; Port Canaveral, FL
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Temporary final rule.
    
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    SUMMARY: The Coast Guard is establishing a 200 yard moving security 
    zone around HMS Vigilant while the vessel is underway in U.S. waters in 
    the vicinity of Port Canaveral, Florida. The zone is needed to 
    safeguard HMS Vigilant 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.
    
    DATES: These regulations become effective at 7 a.m. on July 31, 1997, 
    and terminate at 7 a.m. on November 1, 1997, unless terminated earlier 
    by the Captain of the Port.
    
    FOR FURTHER INFORMATION CONTACT:
    Ensign C. A. Purtell, Waterways Management Officer, USCG Marine Safety 
    Office, Jacksonville at (904) 232-2957.
    
    SUPPLEMENTARY INFORMATION:
    
    Background and Purpose
    
        The event requiring this regulation is the arrival and departure of 
    HMS Vigilant into U.S. waters enroute to and from Port Canaveral, 
    Florida. The vessel is scheduled to make multiple entries and exits 
    into the Port of Canaveral between August 1 and October 31, 1997. A 
    security zone is necessary to safeguard HMS Vigilant 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.
        The security zone will be established in an area 200 yards in all 
    directions around HMS Vigilant when entering or departing Port 
    Canaveral. The security zone will be enforced for a period of 
    approximately two hours during the arrival and departure of this 
    vessel. The Coast Guard will assign a patrol and issue a Broadcast 
    Notice to Mariners to advise marine interests of the security zone in 
    advance of the vessel's arrival and departure. This security zone will 
    be enforced only during the time indicated in the Broadcast Notice to 
    Mariners.
        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 a NPRM and delaying its effective date would be contrary to 
    the public interest since immediate action is needed to prevent 
    potential damage to HMS Vigilant as the
    
    [[Page 41275]]
    
    vessel is scheduled to arrive in less than two weeks.
    
    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. This 
    conclusion is based on the limited duration of the moving security 
    zone, the extensive advisories that will be made to the affected 
    maritime community and the minimal restrictions the regulations will 
    place on vessel traffic. These regulations will be in effect for a 
    total of approximately four hours per port call for the vessel.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
    Guard must consider whether this proposal will have a significant 
    economic impact on a substantial number of small entities. ``Small 
    entities'' include independently owned and operated small businesses 
    that are not dominant in their field and that otherwise qualify as 
    ``small business concerns'' under Section 3 of the Small Business Act 
    (15 U.S.C. 632).
        The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
    would not have a significant economic impact on a substantial number of 
    small entities because of the short duration of the disruption to 
    regular navigation.
    
    Collection of Information
    
        These regulations contain no collection of information requirements 
    sunder the Paperwork Reduction Act (44 U.S.C. 3501-3520).
    
    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 and has concluded under paragraph 2.B.2.e(34)(g) of Commandant 
    Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), that 
    this proposal is categorically excluded from further environmental 
    documentation. A Categorical Exclusion Determination and Environmental 
    Analysis Checklist is available in the docket for inspection or 
    copying.
    
    List of Subjects in 33 CFR Part 165
    
        Harbors, Marine Safety, Navigation (water), Reporting and 
    recordkeeping requirements, Security measures, Waterways.
    
    Temporary Final Regulation
    
        In consideration of the foregoing, the Coast Guard amends Subpart C 
    of Part 165 of Title 33, Code of Federal Regulations, 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 section 165.T07-035 is added to read as follows:
    
    
    Sec. 165.T07-035  Security Zone: Port Canaveral Entrance Channel, Port 
    Canaveral, FL.
    
        (a) Regulated Area. A moving security zone is established in the 
    following area:
        (1) The waters around HMS Vigilant when entering Port Canaveral in 
    an area 200 yards in all directions, beginning at the Port Canaveral 
    Ship Channel, Approach Channel Lighted Whistle Buoy #3, (LLN 8640), 
    position 28 deg.31'50'' N, 080 deg.22'31'' W and continues until the 
    vessel is safely moored at the Port Canaveral East Turning Basin. All 
    coordinates referenced use datum: NAD 83.
        (2) The waters around HMS Vigilant when the vessel leaves her berth 
    at the Port Canaveral East Turning Basin in an area 200 yards in all 
    directions, until it exits the Port Canaveral Ship Channel, Approach 
    Channel Lighted Whistle Buoy #3, (LLN 8640), position 28 deg.31'50''N, 
    080 deg.22'31''W. All coordinates referenced use datum: NAD 83.
        (b) Regulations.
        (1) No person or vessel may enter, transit, or remain in the 
    security zone unless authorized by the Captain of the Port, 
    Jacksonville, Florida, or a Coast Guard commissioned, warrant, or petty 
    officer designated by him.
        (2) Vessels encountering emergencies which require transit through 
    the moving security zone should contact the security zone patrol craft 
    on VHF Channel 16. In the event of an emergency, the security zone 
    patrol craft may authorize a vessel to transit through the security 
    zone with a designated escort.
        (3) All persons and vessels shall comply with the instructions of 
    on-scene patrol personnel. On-scene patrol personnel include 
    commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
    Guard Auxiliary and local or state law enforcement officials may be 
    present to inform vessel operators of this regulation and other 
    applicable laws.
        (c) Effective Dates. These regulations become effective at 7 a.m. 
    on July 31, 1997, and terminate at 7 a.m. on November 1, 1997, unless 
    terminated earlier by the Captain of the Port.
    
        Dated: July 23, 1997.
    Donald S. Lewis,
    Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, FL.
    [FR Doc. 97-20335 Filed 7-29-97; 4:37 pm]
    BILLING CODE 4910-14-M
    
    
    

Document Information

Effective Date:
7/31/1997
Published:
08/01/1997
Department:
Coast Guard
Entry Type:
Rule
Action:
Temporary final rule.
Document Number:
97-20335
Dates:
These regulations become effective at 7 a.m. on July 31, 1997, and terminate at 7 a.m. on November 1, 1997, unless terminated earlier by the Captain of the Port.
Pages:
41274-41275 (2 pages)
Docket Numbers:
COTP Jacksonville 97-035
RINs:
2115-AA97: Safety/Security Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA97/safety-security-zone-regulations
PDF File:
97-20335.pdf
CFR: (1)
33 CFR 165.T07-035