[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]



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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.

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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]
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