[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Rules and Regulations]
[Pages 33390-33392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14016]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Juan-03-024]
RIN 1625-AA00


Security Zone; St. Thomas, U.S. VI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing moving and fixed security 
zones 50 yards around all cruise ships entering, departing, moored or 
anchored in the Port of Charlotte Amalie, U.S. Virgin Islands. 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 of San Juan or his designated representative.

DATES: This rule is effective July 7, 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 docket [COTP San Juan-03-024] and are available for 
inspection or copying at Coast Guard Marine Safety Office San Juan, 
Rodriguez and Del Valle Building, San Martin Street, Carr. 2, 
Km. 4.9, Guaynabo, Puerto Rico, 00968, between the hours of 7 a.m. and 
3:30 p.m., Monday through Friday, excluding Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Chip Lopez at Coast Guard 
Marine Safety Office San Juan, Puerto Rico, (787) 706-2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 19, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled: ``Security Zone, St. Thomas, U.S. Virgin Islands, in 
the Federal Register (68 FR 7958). We received one letter commenting on 
the proposed rule. No public hearing was requested and none was held.

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, St. Thomas, U.S. Virgin Islands, against cruise ships 
entering, departing and moored within the Port of Charlotte Amalie. 
Following these attacks by well-trained and clandestine terrorists, 
national security and intelligence officials have warned that future 
terrorists attacks are likely.
    The terrorist acts against the United States on September 11, 2001, 
have increased the need for safety and security measures on U.S. ports 
and waterways. In response to these terrorist acts, and in order to 
prevent similar occurrences, the Coast Guard is establishing security 
zones around all cruise ships entering, departing and moored within the 
Port of Charlotte Amalie. We previously published two temporary final 
rules entitled ``Security Zones; St. Thomas, U.S. Virgin Islands.'' in 
the Federal Register on February 1, 2002 (67 FR 4909) and on November 
13, 2002 (67 FR 68760). These temporary final rules contained similar 
provisions as those in this rulemaking.
    The security zone for a cruise ship entering port is activated when 
the vessel passes: 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 the Port of 
Charlotte Amalie.
    Persons and vessels are prohibited from entering into or transiting 
through a security zone unless authorized by the Captain of the Port 
(COTP), or his designated representative. Each person and vessel in a 
security zone must obey any direction or order of the COTP. The COTP 
may remove any person, vessel, article, or thing from a security zone. 
No person may board, or take or place any article or thing on board, 
any vessel in a security zone without the permission of the Captain of 
the Port. The Captain of the Port will notify the public of these 
security zones through Marine Safety Information Bulletins via 
facsimile and the Marine Safety Office San Juan Web site at http://www.msocaribbean.com.

Discussion of Comments and Changes

    We received one letter commenting on the proposed rule. This 
comment addressed whether or not this rule would affect the use of a 
``dinghy dock'' adjacent to the Crown Bay Cruise Ship terminal. The 
originator of the comment stated that the establishment of a 50 yard 
security zone around cruise ships moored at the Crown Bay terminal 
should not impact the use of this ``dinghy dock'' as users would have 
enough sea room to use the dock and not enter the security zone. The 
Coast Guard agrees that this rule will not affect the use of the dock 
as vessels may transit to and from it without entering the 50 yard 
security zone. The Coast Guard will allow the continued use of this 
dock while cruise ships are moored at the Crown Bay terminal.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not

[[Page 33391]]

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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DHS is unnecessary because other 
vessels will be able to safely navigate around the zones while in place 
and persons may be authorized to enter or transit the zone with the 
permission of the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``Small entities'' 
comprises 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 
would not have a significant economic impact on a substantial number of 
small entities. The rule may affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit the Port of Charlotte Amalie when a cruise ship is 
entering, departing, moored or anchored in the Port of Charlotte 
Amalie. This rule will not have a significant economic impact on a 
substantial number of small entities because other vessels will be able 
to safely navigate around the zones while in place and persons may be 
authorized to enter or transit the zone with the permission 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 want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Chip Lopez at (787) 
706-2444 for assistance in understanding this rulemaking. We also have 
a point of contact for commenting on actions by employees of the Coast 
Guard. 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 businesses. 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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.

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 safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and has determined that, under figure 2-1, paragraph (34)g, of 
Commandant Instruction M16475.ID, that this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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

0
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; Department of Homeland Security 
Delegation No. 0170.

0
2. Section 165.762 is added to read as follows:


Sec.  165.762  Security Zone; St. Thomas, U.S. Virgin Islands.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored 
in the Port of St. Thomas, U.S. Virgin Islands. The security zone for a 
cruise ship entering port is activated when the vessel passes: 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 the Port.
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Greater Antilles Section 
Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or his designated representative.

[[Page 33392]]

    (3) The Marine Safety Office San Juan will attempt to notify the 
maritime community of periods during which these security zones will be 
in effect by providing advance notice of scheduled arrivals and 
departures of cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (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: May 15, 2003.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-14016 Filed 6-3-03; 8:45 am]
BILLING CODE 4910-15-P