[Federal Register Volume 68, Number 15 (Thursday, January 23, 2003)]
[Rules and Regulations]
[Pages 3185-3187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1485]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville 02-066]
RIN 2115-AA97


Security Zones; Ports of Jacksonville, Fernandina, and Canaveral, 
Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent security zones 
around certain vessels within the ports of Jacksonville, Fernandina, 
and Canaveral. The security zones will prohibit entry into or movement 
within 100 yards of all tank vessels, cruise ships, and military pre-
positioned ships when these vessels enter, depart or moor within the 
ports of Jacksonville and Canaveral. These security zones are needed to 
ensure public safety and prevent sabotage or terrorist acts against 
vessels in the COTP Jacksonville area of responsibility. Entry into 
these zones is prohibited, unless specifically authorized by the 
Captain of the Port, Jacksonville, Florida or his designated 
representative.

DATES: This rule is effective February 24, 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 Jacksonville 02-066] 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: LTJG Drew Casey, Coast Guard Marine 
Safety Office Jacksonville, at (904) 232-3610.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 12, 2001, one day after the September 11 terrorist 
attacks, the Coast Guard Captain of the Port in Jacksonville 
established a temporary rule establishing security zones around tank 
vessels, passenger vessels, and military pre-positioned ships until 
October 3, 2001 (published on September 26, 2001, 66 FR 49104). 
Following these attacks by well-trained and clandestine terrorists, 
national security and intelligence officials have warned that future 
terrorists attacks are likely. As a result, on October 17, 2001, the 
Coast Guard published a second temporary rule in the Federal Register 
continuing these zones through 11:59 p.m. June 15, 2002 (66 FR 52689). 
The third temporary rule continued the zones through noon on November 
15, 2002 (67 FR 41339). A fourth temporary rule continued the zones 
until January 30, 2003 so the Coast Guard can give adequate 
consideration to the comments received from the notice of proposed 
rulemaking (67 FR 55184).
    On August 28, 2002 we published a notice of proposed rulemaking in 
the Federal Register entitled ``Security Zones; Ports of Jacksonville, 
Canaveral, and Fernandina, FL'' (67 FR 55184). We received one comment 
on the proposed rule, which is discussed below.

Background and Purpose

    This rule creates 100-yard security zones around all tank vessels, 
cruise ships, and military pre-positioned ships when these vessels 
enter, depart or moor within the Ports of Jacksonville, Fernandina, and 
Canaveral. No person or vessel may enter these zones without the 
permission of the Captain of the Port of Jacksonville. 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', and 28 
deg. 23.7' N, 80 deg. 29.2' W, when entering Port Canaveral or passes 
St. Mary's River Sea Buoy, at approximate position 30 deg. 40.8'' N, 81 
deg 11.8'' W, when entering the Port of Fernandina. Fixed security 
zones are established 100 yards around all tank vessels, cruise ships, 
and military pre-positioned ships docked in the Ports of Jacksonville, 
Fernandina, and Canaveral, Florida.

Discussion of Comments and Changes

    We received one comment on the proposed rule from the Florida 
Department of Transportation (FDOT), Seaport Office. FDOT expressed 
concern that the regulation, if implemented, would not provide security 
for sensitive land-based resources, such as waterfront storage tanks 
and petroleum facilities. FDOT's concern for shore-based resources is 
shared by the Coast Guard and is being addressed at the national level 
through separate security measures. See Maritime Security, 67 FR 79742 
(Dec. 30, 2002) (Notice of public meetings on Coast Guard national 
maritime security measures, including in Jacksonville, FL, on Feb. 7, 
2003.)
    A second concern from FDOT was that the NPRM did not prove that 
such a zone would prevent sabotage or terrorist acts. The Coast Guard 
has concluded that this rule is a necessary measure to protect certain 
high-risk vessels on the navigable waterways of the United States. The 
100-yard security zones, although not guaranteed to eliminate all risk 
of sabotage or terrorist acts, will significantly reduce vulnerability 
and provide an enforcement mechanism if a violation occurs.
    The third and final concern expressed by FDOT was that this rule 
would cause disruption to the movement of people and goods. First, this 
rule has been in place since September 2001 in the Jacksonville area 
and has not caused any noticeable disruption to maritime trade and 
transportation. Secondly, the Captain of the Port has discretion to 
allow a vessel to transit a security zone, if deemed necessary, to 
promote safe and efficient marine transportation. The environment in 
which the maritime industry operates has dramatically changed since 
September 2001. The Coast Guard believes these types of security zones, 
which only extend 100 yards around certain vessels, create the 
appropriate balance between efficient maritime transportation and 
necessary security in our new environment.
    No changes were made to the proposed rule as a result of the 
comment received.

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 impact of this rule 
on commercial and recreational vessel navigation is minimal because 
most vessels will be able to transit around these zone and the Captain 
of the Port

[[Page 3186]]

may permit entry into the zone 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 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 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.

Environment

    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--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 section 165.759 is added to read as follows:


Sec.  165.759  Security Zones; Ports of Jacksonville, Fernandina, and 
Canaveral, Florida.

    (a) Regulated area. Moving security zones are established 100 yards 
around all tank vessels, cruise ships, and military pre-positioned 
ships during transits entering or departing the ports of Jacksonville, 
Fernandina, 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'' West, 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. Fixed security zones are 
established 100 yards around all tank vessels, cruise ships, and 
military pre-positioned ships docked in the Ports of Jacksonville, 
Fernandina, and Canaveral, Florida.
    (b) Regulations. In accordance with the general regulations 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 of any changes in the status of this zone by

[[Page 3187]]

Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz).
    (c) Definition. As used in this section: cruise ship means a 
passenger vessel, except for a ferry, greater than 100 feet in length 
that is authorized to carry more than 12 passengers for hire.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: January 3, 2003.
M.M. Rosecrans,
Captain, Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 03-1485 Filed 1-22-03; 8:45 am]
BILLING CODE 4910-15-P