[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Rules and Regulations]
[Pages 58833-58834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Jacksonville 04-112]
RIN 1625-AA00


Safety Zone: Port Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Atlantic Ocean in the Port Canaveral Entrance Channel. The safety zone 
is established for the safety of marine vessels transiting a shoaled 
area within the navigation channel as a result of Hurricane Frances.

DATES: This rule is effective from 10 a.m. on September 10, 2004, 
through 10 a.m. on December 10, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Jacksonville 04-112 and are 
available for inspection or copying at Coast Guard Marine Safety Office 
Jacksonville, 7820 Arlington Expressway, Suite 400, Jacksonville, 
Florida, 32211, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant James R. Bigbie at Coast 
Guard Marine Safety Office, Jacksonville, FL, tel: (904) 232-2640, ext. 
105.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued, 
and delaying the rule's effective date are contrary to public safety 
because immediate action is necessary to protect the public and waters 
of the United States.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Immediate action is necessary to 
protect the public and waters of the United States. The Coast Guard 
will issue a broadcast notice to mariners and may place Coast Guard 
vessels in the vicinity of this zone to advise mariners of the 
restriction.

Background and Purpose

    This rule is needed to protect marine craft transiting the Port 
Canaveral Entrance Channel. The safety zone includes all those waters 
shoreward of a boundary that originates on the beach in position 
28[deg]21'24'' N 080[deg]36'12'' W; and extends east to 28[deg]21'24'' 
N 080[deg]30'18'' W; then north to 28[deg]24'48'' N 080[deg]30'18'' W; 
then west to the beach where the zone will terminate at position 
28[deg]24'48'' N 080[deg]35'00'' W. Anchoring, mooring, or transiting 
within this zone is prohibited, unless authorized by the Captain of the 
Port, Jacksonville, FL.

Regulatory Evaluation

    This regulation is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential cost and benefits under 
section 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS) because these regulations will only be in effect for a 
short period of time, and the impacts on routine navigation are 
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605 (b) that this rule 
will not have a significant economic impact upon a substantial number 
of small entities because although the safety zone will apply to all 
vessels transiting the port with a draft greater than 22 feet, traffic 
will be allowed to pass through the zone with the permission of the 
Coast Guard Captain of the Port and the impact on routine navigation is 
expected to be minimal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

[[Page 58834]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that my 
result in the expenditure by State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Although this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or safety that may disproportionately 
affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have significant adverse effect on the supply, distribution, or use of 
energy. The Administrator of the Office of Information and Regulatory 
Affairs has not designated it as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Under figure 2-1, paragraph (34)(g), of the Instruction, 
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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; Department of Homeland Security 
Delegation No. 0170.


0
2. A new temporary Sec.  165.T07-112 is added to read as follows:


Sec.  165.T07-112  Safety Zone Cape Canaveral, FL.

    (a) Location. The Coast Guard is establishing a temporary safety 
zone in the Atlantic Ocean--Port Canaveral Channel. The safety zone 
includes all those waters shoreward of a boundary that originates on 
the beach in position 28[deg] 21' 24'' N 080[deg] 36' 12'' W; and 
extends east to 28[deg] 21' 24'' N 080[deg] 30' 18'' W; then north to 
28[deg] 24' 48'' N 080[deg] 30' 18'' W; then west to the beach where 
the zone will terminate at position 28[deg] 24' 48'' N 080[deg] 35' 
00'' W. Anchoring, mooring, or transiting within this zone is 
prohibited, unless authorized by the Captain of the Port, Jacksonville, 
FL.
    (b) Regulations. The general regulations governing safety zones as 
contained in 33 CFR 165.23 apply. Vessels with a draft of 22 feet or 
less may transit within this safety zone. Vessels with a draft greater 
than 22 feet may not operate within this safety zone without prior 
approval from the Captain of the Port, Jacksonville, FL. The Captain of 
The Port may be contacted on a 24 hour basis by calling Lieutenant 
Patrick Eiland at (321) 784-6781.
    (c) Dates. This rule is effective from 10 a.m. on September 10, 
2004, through 10 a.m. on December 10, 2004.

    Dated: September 10, 2004.
David. L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 04-22141 Filed 9-30-04; 8:45 am]
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