[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52689-52691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26161]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville-01-110]
RIN 2115-AA97


Security Zones; Port of Jacksonville and Port Canaveral, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing moving and fixed security 
zones 100 yards around all tank vessels, passenger vessels and military 
pre-positioned ships when these vessels enter, are moored in, or depart 
the Ports of Jacksonville or Canaveral. These security zones are needed 
for national security reasons to protect the public and ports from 
potential subversive acts. Entry into these zones is prohibited, unless 
specifically authorized by the Captain of the Port, Jacksonville, 
Florida or his designated representative.

DATES: This regulation becomes effective at 11:59 p.m. on October 3, 
2001 and will terminate at 11:59 p.m. on June 15, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP Jacksonville 01-110] and are available for inspection 
or copying at Marine Safety Office Jacksonville, 7820 Arlington 
Expressway, Suite 400, Jacksonville, FL 32211, between 7:30 a.m. and 4 
p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT(jg) Brian G. Knapp, Coast Guard 
Marine Safety Office Jacksonville, at (904) 232-2957.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A notice of proposed rulemaking (NPRM) for this regulation was not 
published. 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 was issued date 
would be contrary to the public interest since immediate action is 
needed to protect the public, ports and waterways of the United States. 
For the same reasons, 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. The Coast Guard will issue a 
broadcast notice to mariners and place Coast Guard vessels in the 
vicinity of these zones to advise mariners of the restriction.

Background and Purpose

    Based on the September 11, 2001, terrorist attack on the World 
Trade Center in New York and the Pentagon in Arlington, VA, there is an 
increased risk that subversive activity could be launched by vessels or 
persons in close proximity to the Ports Jacksonville or Canaveral, 
Florida, against tank vessels, cruise ships and military pre-positioned 
vessels entering, departing and moored within these ports. These 
temporary security zones are activated when the subject vessels pass 
the St. Johns River Sea Buoy, at approximate position 30 deg.23'35" N, 
81 deg.19'08" W, when entering the port of Jacksonville, or pass Port 
Canaveral Channel Entrance Buoys # 3 or # 4, at respective approximate 
positions 28 deg.22.7' N, 80 deg.31.8' W, and

[[Page 52690]]

28 deg.23.7' N, 80 deg.29.2' W, when entering Port Canaveral. The zone 
for a vessel is deactivated when the vessel passes these buoys on its 
departure from port.
    Military pre-positioned ships are U.S. commercial ships on long-
term charter to the Military Sealift Command. They are utilized to 
transport military equipment and cargo. The Captain of the Port will 
notify the public via Marine Safety Radio Broadcast on VHF-FM marine 
band radio, channel 22 (157.1 MHz) of all active security zones in port 
by identifying the names of the vessels around which they are centered. 
There will be Coast Guard and local police department patrol vessels on 
scene to monitor traffic through these areas. Entry into these security 
zones is prohibited, unless specifically authorized by the Captain of 
the Port, Jacksonville, Florida.

Regulatory Evaluation

    This rule 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 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) because these zones will 
encompass a small portion of the waterway for a limited time and 
vessels may be allowed to enter the zones on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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 because small entities may be allowed to enter on a case by 
case basis with the authorization of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication 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.

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 may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though 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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

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 concern an 
environmental risk to health or risk to 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 a substantial direct effect on one or more 
Indian tribes, on the relationships 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 Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

    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, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-110 is added to read as follows:

[[Page 52691]]

Sec. 165.T07-110  Security Zones; Ports of Jacksonville and Canaveral, 
Florida.

    (a) Regulated area. Temporary moving security zones are established 
100 yards around all tank vessels, passenger vessels and military pre-
positioned ships during transits entering or departing the ports of 
Jacksonville and Canaveral, Florida. These moving security zones are 
activated when the subject vessels pass the St. Johns River Sea Buoy, 
at approximate position 30 deg.23'35" N, 81 deg.19'08" W, when entering 
the port of Jacksonville, or pass Port Canaveral Channel Entrance Buoys 
#3 or #4, at respective approximate positions 28 deg.22.7' N, 
80 deg.31.8' W, and 28 deg.23.7' N, 80 deg.29.2' W, when entering Port 
Canaveral. Temporary fixed security zones are established 100 yards 
around all tank vessels, passenger vessels and military pre-positioned 
ships docked in the Ports Jacksonville and Canaveral, Florida.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these zones is prohibited except 
as authorized by the Captain of the Port, or a Coast Guard 
commissioned, warrant, or petty officer designated by him. The Captain 
of the Port will notify the public via Marine Safety Radio Broadcast on 
VHF-FM Marine Band Radio, Channel 22 (157.1 MHz) of all active security 
zones in port by identifying the names of the vessels around which they 
are centered.
    (c) Dates. This section becomes effective at 11:59 p.m. on October 
3, 2001 and will terminate at 11:59 p.m. on June 15, 2002.

    Dated: September 29, 2001.
M. M. Rosecrans,
Captain, U. S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 01-26161 Filed 10-16-01; 8:45 am]
BILLING CODE 4910-15-P