Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65783

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic effect upon 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

section 605(b) that this rule will not

have a significant economic impact on

a substantial number of small entities as

it will only effect a limited area.

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

could 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

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal Regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environmental

The Coast Guard considered the

environmental impact of this rule and

concluded under Figure 2–1, paragraph

34(g) of Commandant Instruction

M16475.1C, this rule is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulations: For the

reasons discussed in the preamble, the

Coast Guard amends 33 CFR Part 165,

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;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; and 49 CFR 1.46.

2. A new temporary § 165.T07–098 is

added to read as follows:

§ 165.T07–098 Safety Zone; Savannah, GA.

(a) Regulated Area: A temporary fixed

safety zone is established within the

area outlined by a 100 yard radius

extending from the Southern Natural

Gas dock at Elba Island (32°05′24′′N,

80°59′48′′W). All coordinates referenced

use NAD 83.

(b) Regulations. In accordance with

the general regulations in § 165.23 of

this part, all vessels are prohibited from

anchoring or transiting in the safety

zone unless specifically authorized by

the Captain of the Port Savannah, GA.

(c) Dates. This regulation becomes

effective at 8:50 p.m. on September 21,

2000 and will remain in effect until

11:30 p.m. on November 15, 2000.

Dated: September 21, 2000.

J.L. McDonald,

U.S. Coast Guard, Captain of the Port

Savannah.

[FR Doc. 00–28058 Filed 11–1–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 07–00–091]

RIN 2115–AA97

Security Zone; Coastal Waters

Adjacent to Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard, after

consultation with the Department of

Justice, established a security zone,

restricting operation of certain vessels

within 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. The Coast Guard is

revising the security zone to better

define enforcement of the zone and the

process for applying for a permit to

depart the zone. This rule is 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 October 13,

2000 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: Documents indicated in this

preamble as being available in the

docket, are part of docket [CGD07–00–

091] and are available for inspection or

copying at the Seventh Coast Guard

District office, 909 SE. First Avenue,

Miami, FL, 33131, between 9 a.m. and

5 p.m., Monday through Friday, except

Federal holidays.

65784 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Steve Andersen,

Seventh Coast Guard District, 909 SE

First Avenue, Miami, FL 33131, Phone

(305) 415–6950.

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. Further,

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.

This rule is based upon a Presidential

declaration of a national emergency.

Because of recent events discussed

below, 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. Therefore

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).

Background and Purpose

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. In 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 USC 191

and as supplemented by the authority

delegated to the Secretary of

Transportation in the Presidential

Proclamation, established a security

zone.

This security zone 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. This

security zone prohibited 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.

On July 17, 1998 (63 FR 38476) the

Coast Guard published a temporary rule

again revising the security zone by

expanding its geographic scope to the

Florida peninsula, encompassing 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.

Discussion of Rule

This temporary rule further amends

the security zone by providing

streamlined procedures and timing

guidelines for processing requests to

depart the security zone. The Coast

Guard shall have ten (10) calendar days

from the receipt of the application to

decide whether an application for

written authorization will be granted or

denied. Upon notification by the Coast

Guard that an application has been

denied, the applicant has three (3)

business days in which to request a

written denial notification. If such a

request is made within the three (3)

business days after the Coast Guard’s

notice of denial, the Coast Guard has

fifteen (15) calendar days to provide

specific, written reasons stating the

basis for the denial. This amendment

clarifies the procedure to be used by the

Coast Guard in the handling of

applications and the acceptance or

denial of such applications for vessels

in the security zone.

This temporary rule will also amend

the security zone by adding the word

‘‘reasonable’’ to more accurately define

the ‘‘articulable basis’’ standard for

requesting verbal assurances that a

vessel will not enter Cuban territorial

waters. Officials must have a reasonable

articulable basis to require a verbal

assurance from a vessel owner that the

vessel will not enter Cuban territorial

waters, as a condition for a vessel to get

underway from within the security

zone, or depart from the security zone.

Finally, this temporary rule adds a

new provision that states that the failure

of a vessel master, owner or person in

charge of a vessel within the security

zone, including all auxiliary vessels, to

provide requested verbal assurances

shall not be used as the sole basis for

seizing the vessel for forfeiture under

the security zone.

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. 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 Transportation (DOT)

(44 FR 11040, February 26, 1979). This

rule is based upon a Presidential

declaration of a national emergency.

Further, these revisions to the rule seek

to clarify the procedures, rights, and

duties under the security zone.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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 on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to depart the security

zone with the intent to enter Cuban

territorial waters. However, this rule

will not have a significant economic

impact on a substantial number of small

entities because it contains provisions to

obtain authorization to depart the

security zone.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65785

Fairness Act of 1996 (Pub. L. 104–121),

we will assist small entities in

understanding the rule so that they

could 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

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1, of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Security measures and

waterways.

In consideration of the foregoing, the

Coast Guard amends 33 CFR Part 165 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 § 165.T07–013 revise paragraphs

(c)(2) and (c)(3) to read as follows:

§ 165.T07–013 Security Zone : Internal

waters and territorial seas adjacent to the

Florida peninsula.

* * * * *

(c) * * *

(2)(i) 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 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; the Captain of Port Tampa; or

the Captain of the Port of Jacksonville.

Upon receiving a request for written

authorization, the aforementioned

officials shall have ten (10) calendar

days from the receipt of the application,

to decide whether an application for

written authorization shall be granted or

denied. Upon notification by the

aforementioned officials that the

application has been denied, the

applicant has three (3) business days in

which to request a written denial

notification. If such a request is made

within three (3) business days after the

Coast Guard’s notice of denial, the

aforementioned officials have fifteen

(15) calendar days to provide specific,

written reasons stating the basis for

denial. The aforementioned officials

may issue orders to control the

movement of vessels to which this

section applies.

(ii) Applications for permission to

depart the security zone with the intent

of entering Cuban territorial waters may

be obtained by writing or calling

Commander (oi), Seventh Coast Guard

District, 909 SE First Avenue, Miami, FL

33131, phone (305) 415–6920. The

completed application may be returned

via mail, or facsimile to (305) 415–6925.

Further, applications may be obtained

from the following U.S. Coast Guard

units: Marine Safety Office Miami, 100

MacArthur Causeway, Miami, FL 33139,

ph. (305) 536–5693; Marine Safety

Office Tampa, 155 Columbia Drive,

Tampa, FL 33606, ph. (813) 228–2195;

Marine Safety Office Jacksonville, 7820

Arlington Expy., Suite 400, Jacksonville,

FL 32211, ph. (904) 232–2640; Coast

Guard Group Key West, Florida, ph.

(305) 292–7500.

(3) Where there is a reasonable,

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. The failure of a vessel

master, owner, or person in charge of a

vessel within the Security Zone,

including all auxiliary vessels, to

provide requested verbal assurances

shall not be used as the sole basis for

seizing the vessel for forfeiture under

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.

* * * * *

Dated: October 13, 2000.

G.W. Sutton,

Captain, U.S Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 00–28057 Filed 11–01–00; 8:45 am]

BILLING CODE 4910–15–P