[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26390-26392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12646]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-96-013]
RIN 2115-AA97
Security Zone; Coast Waters Adjacent to South 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, is establishing a revised 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 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 vessel control measures are
necessary to provide for the safety of United States citizens and
residents and to prevent threatened disturbance of the international
relations of the United States.
DATES: This rule is effective from May 7, 1997, 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 the 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; 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: On March 1, 1996, the President of the
United States signed a Proclamation declaring a national emergency. 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 is establishing a temporary security
zone. In the Proclamation, the President authorized the Secretary of
Transportation to regulate the anchorage and movement of domestic and
foreign vessels. This authority has been delegated to the Commander,
Seventh Coast Guard District, Captain of the Port, Miami FL and Captain
of the Port, Tampa FL, by Order No. 96-3-7, signed by the Secretary of
Transportation. The Coast Guard has established a security zone
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. This authority was re-
delegated to the Commandant of the Coast Guard, as well as to
appropriate District Commanders and Captains of the Port. The security
zone includes the internal waters and territorial seas of the United
States, adjacent to or within the State of Florida south of 26 deg. 19'
N latitude and extending seaward three nautical miles from the baseline
from which the territorial sea is measured.
On March 8, 1996, the Coast Guard published a final rule (61 FR
9348) which established a security zone, restricting 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 rule has been in effect since March 1, 1996. The zone
established by that rule 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). This rule revises the security
zone by adding 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 of the COTP. Under this revised rule, commercial vessels
less than 50 meters in length are subject to the same restrictions as
private, noncommercial vessels less than 50 meters in length. This
revised rule is effective upon signature. Additionally, though the
revised security zone created by this rule is effective upon signature,
the Coast Guard by policy will give actual notice before enforcing the
zone. This revision will minimize any limitations on traditional
freedoms of navigation.
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 26391]]
The 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 by the COTP 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 the July 13, 1995 Flotilla, the September 2, 1995 attempted
Flotilla, the March 2, 1996 Flotilla and the July 13, 1996 Flotilla did
not involve vessels outside the subject class of vessels. Commercial
vessels are no longer exempted from the departure control regulations.
The Coast Guard has determined that it is necessary to add commercial
vessels to the scope of coverage of this regulation to provide for the
safety of United States citizens and residents and to prevent
threatened disturbance of the international relations of the United
States. The regulation has also been revised to clarify that the
restrictions apply to all auxiliary vessels associated with any vessel
within the security zone.
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 U.S.C. 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. 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 U.S.C. 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.
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 recordkeeping 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 section 2.B.2.e(34)(g) of Commandant
Instruction M16475.1B. 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,
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 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.
2. Section 165.TO7-013 is revised to read as follows:
Sec. 165.TO7-013 Security Zone: Internal waters and territorial seas
adjacent to Florida south of 26 deg.19'N latitude.
(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 26 deg.19'N latitude. In general these are the U.S.
internal waters and territorial seas adjacent to Collier, Dade, Monroe
and Broward Counties of the State of Florida.
(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 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
[[Page 26392]]
territorial waters, an above referenced official 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 above
referenced official 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 these regulations.
(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. Sec. 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: May 7, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-12646 Filed 5-13-97; 8:45 am]
BILLING CODE 4910-14-M
