[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)] [Rules and Regulations] [Pages 29022-29023] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-14424] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [COTP Miami 96-039] RIN 2115-AA97 Security Zone Regulations: U.S. Coast Guard Base Miami Beach; Miami Beach, FL AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: These regulations are initiated to remove 33 CFR Sec. 165.T0706. This security zone regulation was established to protect U.S. Coast Guard Base Miami Beach and vessels moored thereto from potential subversive acts by any unknown person(s) hostile to the United States. The potential threat stemmed from the United States' support of the United Nations Resolutions calling for the removal of Iraqi military forces from Kuwait. The Iraqi military forces have been removed from Kuwait and the danger of subversive acts is no longer present. Therefore, the Coast Guard is removing 33 CFR Sec. 165.T0706. EFFECTIVE DATE: June 7, 1996. FOR FURTHER INFORMATION CONTACT: BMC J.L. Belk, project officer, Port Management and Response Department, USCG Marine Safety Office at (305) 536-5693. SUPPLEMENTARY INFORMATION: The Coast Guard finds in accordance with 5 U.S.C. 553, good cause exists for proceeding directly to a final rule and making this rule effective in less than 30 days. This final rule removes a temporary security zone put in place during the Gulf War 1991. The potential threat to U.S. Coast Guard Base Miami Beach has not existed since 1991 and the end of hostilities with Iraq. Therefore, publishing an NPRM or delaying the effective date of this final rule is unnecessary and the Coast Guard is proceeding directly to final rule, effective on publication in the Federal Register. [[Page 29023]] Discussion of Regulations The security zone regulations for Coast Guard Base Miami Beach were published as an emergency rule in the Federal Register on February 13, 1991 [56 FR 5754]. These security zone regulations were established due to the potential threat stemming from the United States' support of United Nations Resolutions calling for the removal of Iraqi military forces from Kuwait. This increased the possibility of acts of terrorism or sabotage by unknown person(s) against United States Coast Guard Base Miami Beach facilities. In 1991, the United States and other United Nations member forces freed Kuwait and the region was restored to order. This action decreased the possibility of acts of terrorism or sabotage against United States Coast Guard Base Miami Beach facilities. Therefore, this security zone regulation is no longer necessary, and the Coast Guard is removing the rule at 33 CFR Sec. 165.T0706. 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. It has not been reviewed by the Office of Management and Budget 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). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This rule will remove a current security zone and thereby lessen any economic burden. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider the economic impact on small entities of a rule for which a general notice of proposed rulemaking is required. ``Small entities'' may include (1) small business and not-for-profit organizations that are independently owned and operated and not dominant in their fields and (2) governmental jurisdictions with populations of less than 50,000. For the reasons set forth above, the Coast Guard certifies this action will not have a significant economic impact on small entities. Collection of Information This rule contains no collection-of-information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). Federalism This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment The Coast Guard has considered the environmental impact of this rule and has determined pursuant to section 2.B.2. of Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994) that this rule is categorically excluded from further environmental documentation. A categorical exclusion checklist and categorical exclusion determination have been completed and are available for inspection and copying. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reports and recordkeeping requirements, Security measures, Waterways. In consideration of the foregoing, the Coast Guard amends, Subpart D of Part 165 Title 33, Code of Federal Regulations as follows: PART 165--[AMENDED] 1. The authority citation of 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. Sec. 165.T0706 [Removed] 2. Section 165.T0706 is removed. Dated: May 28, 1996. D. F. Miller, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 96-14424 Filed 6-5-96; 8:45 am] BILLING CODE 4910-14-M