[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Rules and Regulations]
[Pages 68760-68762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28837]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 02-133]
RIN 2115-AA97


Security Zones; St. Thomas, United States Virgin Islands

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary security zones 50 
yards around all cruise ships in the Port of Charlotte Amalie, St. 
Thomas, United States Virgin Islands. These security zones are needed 
to protect the public and the Port of Charlotte Amalie from potential 
subversive acts.

DATES: This regulation becomes effective at 6 p.m. on November 4, 2002 
and will terminate at 11:59 p.m. on June 15, 2003.

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 San Juan 02-133] and are available for inspection or 
copying at Marine Safety Office San Juan, RODVAL Bldg., San Martin St. 
90 Ste 400, Guaynabo, PR 00968, between 7 a.m. and 3:30 p.m. 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Michael Roldan, Marine Safety 
Office San Juan, Puerto Rico at (787) 706-2440.

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 a NPRM. Publishing a NPRM and delaying 
the rule's effective date would be contrary to the public interest 
since immediate action is needed to protect the public, ports and 
waterways of the United States. The Coast Guard will issue a broadcast 
notice to mariners and a Marine Safety Information Bulletin via 
facsimile and electronic mail to advise mariners of the restriction.
    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.

Request for Comments

    Although the Coast Guard has good cause to implement this 
regulation without a notice of proposed rulemaking, we want to afford 
the public the opportunity to participate in this rulemaking by 
submitting comments and related material regarding the size and 
boundaries of these security zones in order to minimize unnecessary 
burdens. If you do so, please include your name and address, identify 
the docket number for this rulemaking [COTP San Juan 02-133] indicate 
the specific section of this document to which each comment applies, 
and give the reason for each comment. Please submit all comments and 
related material in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying. If you would like to know they reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during

[[Page 68761]]

the comment period. We may change this temporary final rule in view of 
them.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the Port of 
Charlotte Amalie, USVI against cruise ships in the Port. The President 
has continued the national emergencies he declared following the 
September 11, 2001 terrorist attacks (67 FR 58317 (Sept. 13, 2002) 
(continuing national emergency with respect to terrorist attacks), 67 
FR 59447 (Sept. 20, 2002) (continuing national emergency with respect 
to persons who commit, threaten to commit or support terrorism)). The 
President also has found pursuant to law, including the Magnuson Act 
(50 U.S.C. 191 et seq.), that the security of the United States is and 
continues to be endangered following the attacks (E.O. 13,273, 67 FR 
56215 (Sept. 3, 2002) (security endangered by disturbances in 
international relations of U.S and such disturbances continue to 
endanger such relations).
    On February 1, 2002 the Coast Guard published a temporary final 
rule in the Federal Register (CGD07-01-136) that established temporary 
moving and fixed security zones 50 yards around all cruise ships 
entering, departing or moored in the Port of Charlotte Amalie (67 FR 
4909). That rule expired on June 15, 2002. The Captain of the Port has 
determined that this rule is necessary to protect the Port of Charlotte 
Amalie from subversive activity. The Captain of the Port intends to 
issue a notice of proposed rulemaking in a separate document to be 
published in the Federal Register proposing to create permanent 
security zones around cruise ships in the Port of Charlotte Amalie.
    Due to the number of passengers onboard cruise ships moored in the 
Port of Charlotte Amalie, USVI, there is a risk that they are a target 
for subversive activity or a terrorist attack. The Captain of the Port 
San Juan is reducing this risk by prohibiting all vessels from coming 
within 50 yards of cruise ships while entering, departing, moored at 
any pier, or anchored in any anchorage in the Port of Charlotte Amalie, 
St. Thomas, USVI unless prior authorization is given by the Captain of 
the Port of San Juan.
    These temporary security zones are activated when cruise ships 
pass: St. Thomas Harbor green lighted buoy 3 in approximate 
position 18[deg]19'19'' North, 64[deg]55'40'' West when entering the 
port using St. Thomas Channel; red buoy 2 in approximate 
position 18[deg]19'15'' North, 64[deg]55'59'' West when entering the 
port using East Gregorie Channel; and red lighted buoy 4 in 
approximate position 18[deg]18'16'' North, 64[deg]57'30'' West when 
entering the port using West Gregorie Channel. These zones are 
deactivated when the vessel passes any of these buoys on its departure 
from port. United States Coast Guard and territorial law enforcement 
personnel will be on-scene to notify the public of these security 
zones.

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 the zones are narrow in 
scope and are only in effect for limited periods of time when a cruise 
ship is in Port.

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 the zones are narrow in scope and are only in effect 
for limited periods of time when a cruise ship is in Port. Moreover, 
vessels may be allowed to enter the zones on a case-by-case basis with 
the permission of the Captain of the Port of San Juan.

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. 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.

Environmental

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M14475.1D that this rule is categorically 
excluded from further

[[Page 68762]]

environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

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 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), Reporting 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 49 CFR 1.46.

    2. A new temporary section 165.T07-133 is added to read as follows:


Sec.  165.T-07-133  Security Zones; Charlotte Amalie Harbor, St. 
Thomas, USVI.

    (a) Regulated area. Temporary moving security zones are established 
50 yards around all cruise ships while they enter, depart, are moored 
at any pier or anchored in any anchorage in Charlotte Amalie Harbor. 
These temporary security zones are activated when cruise ships pass: 
St. Thomas Harbor green lighted buoy 3 in approximate position 
18[deg]19'19'' North, 64[deg]55'40'' West when entering the port using 
St. Thomas Channel; red buoy 2 in approximate position 
18[deg]19'15'' North, 64[deg]55'59'' West when entering the port using 
East Gregorie Channel; and red lighted buoy 4 in approximate 
position 18[deg]18'16'' North, 64[deg]57'30'' West when entering the 
port using West Gregorie Channel. These zones are deactivated when the 
cruise ship passes any of these buoys on its departure from port.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, no person or vessel shall enter or remain in 
this security zone unless specifically authorized by the Captain of the 
Port San Juan, or a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port. The Captain of the Port will 
notify the public when a zone is activated and any changes in the 
status of the zones by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 16 (157.1 Mhz) and by a Marine Safety Information 
Bulletin (MSIB) sent by facsimile and electronic mail.
    (c) Dates. This section becomes effective at 6 p.m. on November 4, 
2002 and will terminate at 11:59 p.m. on June 15, 2003.

    Dated: November 4, 2002.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 02-28837 Filed 11-12-02; 8:45 am]
BILLING CODE 4910-15-P