[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Rules and Regulations]
[Page 58833-58834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-9]
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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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