[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Rules and Regulations]
[Pages 5048-5050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP SAN JUAN 05-005]
RIN 1625-AA87


Moving and Fixed Security Zone: Port of Fredericksted, Saint 
Croix, U.S. Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving and fixed 
security zone around cruise ships entering, departing, mooring or 
anchoring at the Port of Fredericksted in Saint Croix, U.S. Virgin 
Islands. This temporary final rule is a security measure designed to 
protect cruise ships at this port. All vessels, with the exception of 
cruise ships, are prohibited from entering the moving and fixed 
security zone around a cruise ship without the express permission of 
the Captain of the Port San Juan or a designated representative.

DATES: This rule is effective on January 29, 2005, at 5 a.m., until 
July 23, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP San Juan 05-005 and are available 
for inspection or copying at Prevention Command Office, San Juan, 
5 La Puntilla Final, Old San Juan, PR 00901-1800, between 7 
a.m. and 3:30 p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Katiuska 
Pabon, Prevention Command San Juan at (787) 729-5381.

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 an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued, 
would be contrary to the public interest. Immediate action is needed to 
protect the public, ports and waterways of the United States from 
potential subversive acts against cruise ships at the Port of 
Fredericksted.
    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.

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 from vessels in close proximity to cruise ships entering, 
departing, mooring or anchoring at any port of call. Following these 
attacks, national security and intelligence officials have warned that 
future terrorists attacks are likely and may include maritime interests 
such as cruise ships. The Captain of the Port San Juan is reducing this 
risk by preventing unauthorized vessels from entering the moving and 
fixed security zone around a cruise ship entering, departing, anchoring 
or mooring at the Port of Fredericksted without the authorization of 
the Captain of the Port San Juan or designated representative. 
Concurrent with this temporary final rule, the Coast Guard is 
promulgating a Notice of Proposed Rulemaking (NPRM), COTP San Juan 05-
002, to make these regulations permanent security measures for the Port 
of Fredericksted and allow public comment on them.
    Captain of the Port San Juan can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz), or by telephone number (787) 289-0739. 
The United States Coast Guard Communications Center will notify the 
public via Broadcast Notice to Mariners VHF Marine Band Radio, Channel 
22,

[[Page 5049]]

when a moving and fixed security zone is activated around a cruise ship 
at Fredericksted.

Discussion of Rule

    This temporary final rule is a security measure to protect cruise 
ships entering, departing, mooring or anchoring at the Port of 
Fredericksted, St. Croix, U.S. Virgin Islands. The moving and fixed 
security zone that surrounds a cruise ship is activated when an 
arriving cruise ship is within one nautical mile of the west end of the 
Fredericksted Pier and is deactivated when a departing cruise ship is 
beyond one nautical mile from the west end of the Fredericksted Pier. 
All vessels are prohibited from entering the fixed and moving security 
zone that extends in a 50-yard radius around a cruise ship without the 
express permission of the Captain of the Port San Juan when the zone is 
activated.

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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
security zone to be minimal, because entry into the security zone is 
prohibited for a limited time. Additionally, vessels may be allowed to 
enter the security zone with the express permission of the Captain of 
the Port San Juan or designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic effect 
upon 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor at the Port of Fredericksted, St. Croix, U.S. Virgin 
Islands, when a fixed or moving security zone around a cruise ship is 
in effect. This rule will be in effect for a limited time. Vessels may 
be allowed to enter the security zone with the express permission of 
the Captain of the Port San Juan or a designated representative. 
Finally, we will issue maritime advisories that will be widely 
available when we expect a security zone to go into effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications 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.

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 relationship 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 that order, because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use

[[Page 5050]]

voluntary consensus standards in their regulatory activities unless the 
agency provides Congress, through the Office of Management and Budget, 
with an explanation of why using these standards would be inconsistent 
with applicable law or otherwise impractical. Voluntary consensus 
standards are technical standards (e.g., specifications of materials, 
performance, design or operation; test methods; sampling procedures; 
and related management system practices) that are developed or adopted 
by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' (CED) are not required for this rule.

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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From January 29, 2005, at 5 a.m., until July 23, 2005, add a new 
temporary Sec.  165.T07-05-005 to read as follows:


Sec.  165.T07-05-005  Moving and Fixed Security Zone, Port of 
Fredericksted, Saint Croix, U.S. Virgin Islands.

    (a) Location. A moving and fixed security zone is established that 
surrounds all cruise ships entering, departing, mooring or anchoring in 
the Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The 
security zone extends from the cruise ship outward and forms a 50-yard 
radius around the vessel, from surface to bottom. The security zone for 
a cruise ship entering port is activated when the vessel is within one 
nautical mile west of the Fredericksted Pier lights. The security zone 
for a vessel is deactivated when the cruise ship is beyond one nautical 
mile west of the Fredericksted Pier lights. The Fredericksted Pier 
lights are at the following coordinates: 17[deg]42'55'' N, 
64[deg]42'55'' W. All coordinates are North American Datum 1983 (NAD 
1983).
    (b) Regulations. All vessels, with the exception of cruise ships, 
are prohibited from entering the moving and fixed security zone around 
a cruise ship without the express permission of the Captain of the Port 
San Juan or designated representative. Persons desiring to transit 
through a security zone may contact the Captain of the Port San Juan 
who can be reached on VHF Marine Band Radio, Channel 16 (156.8 MHz) or 
by calling (787) 289-0739, 24-hours-a-day, 7-days-a-week. If permission 
is granted, all persons and vessels must comply with the instructions 
of the Captain of the Port or designated representative.
    (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) Effective period. This section is effective from 5 a.m. on 
January 29, 2005, until July 23, 2005.

    Dated: January 24, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-1753 Filed 1-31-05; 8:45 am]
BILLING CODE 4910-15-P