38476 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

(c) [Reserved]

(d) * * *

(5) * * *

(x) Decoquinate alone or in

combination as in § 558.195.

* * * * *

Dated: July 9, 1998.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 98–19025 Filed 7–16–98; 8:45 am]

BILLING CODE 4160–01–F

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.

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.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 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

§ 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 § 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:

§ 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°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 § 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
38478 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

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

POSTAL SERVICE

39 CFR Part 20

Stay of Interim Rule for Global

Package Link to Germany and France

AGENCY: Postal Service.

ACTION: Stay of interim rule.

SUMMARY: The Postal Service is staying

its recently published interim rule on

Global Package Link which added a

merchandise return service for

customers utilizing the GPL service to

Germany and France.

DATES: The amendment to the

International Mail Manual published in

the Federal Register on July 10, 1998

(63 FR 37251–37254), is stayed until

further notice as of 12:01 a.m. on July

17, 1998.

ADDRESSES: Any written comments

should be mailed or delivered to the

International Business Unit, U.S. Postal

Service, 475 L’Enfant Plaza SW, room

370–IBU, Washington, DC 20260–6500.

Copies of all written comments will be

available for public inspection and

photocopying between 9 a.m. and 4

p.m., Monday through Friday, at the

above address.

FOR FURTHER INFORMATION CONTACT: Bill

Brandt (202) 314–7165.

SUPPLEMENTARY INFORMATION: Pending

further internal review, the Postal

Service is staying an interim rule in the

Federal Register on July 10, 1998 (63 FR

37251–37254), concerning the

establishment of a GPL return service in

Germany and France. This stay will be

effective immediately, and the

contemplated service will not be

available until the internal review has

been completed and a further notice

published.

List of Subjects in 39 CFR Part 20

International postal service, Foreign

relations.

The Postal Service hereby stays its

amendment of July 10, 1998, to the

International Mail Manual, which is

incorporated by reference in the Code of

Federal Regulations. See 39 CFR 20.1.

PART 20—[AMENDED]

1. The authority citation for 39 CFR

part 20 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,

404, 407, 408.

I. Subchapter 620 of the International

Mail Manual, Issue 20, sections 626.24

and 626.25, are stayed until further

notice.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–19170 Filed 7–15–98; 10:40 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6123–4]

Delegation of National Emission

Standards for Hazardous Air Pollutants

for Source Categories; State of

Arizona; Arizona Department of

Environmental Quality

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to delegate the authority to

implement and enforce specific national

emission standards for hazardous air

pollutants (NESHAPs) to the Arizona

Department of Environmental Quality

(ADEQ) in Arizona. The preamble

outlines the process that ADEQ will use

to receive delegation of any future

NESHAP, and identifies the NESHAP

categories to be delegated by today’s

action. EPA has reviewed ADEQ’s

request for delegation and has found

that this request satisfies all of the

requirements necessary to qualify for

approval. Thus, EPA is hereby granting

ADEQ the authority to implement and

enforce the unchanged NESHAP

categories listed in this rule.

DATES: This rule is effective on

September 15, 1998, without further

notice, unless EPA receives relevant

adverse comments by August 17, 1998.

If EPA receives such comment, then it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the request for delegation and other

supporting documentation are available

for public inspection (docket number

A–96–25) at the following location: U.S.

Environmental Protection Agency,

Region IX, Rulemaking Office (AIR–4),

Air Division, 75 Hawthorne Street, San

Francisco, California 94105–3901.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, California 94105–

3901, (415) 744–1200.

SUPPLEMENTARY INFORMATION:

I. Background

Section 112(l) of the Clean Air Act, as

amended in 1990 (CAA), authorizes

EPA to delegate to state or local air

pollution control agencies the authority

to implement and enforce the standards