[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Proposed Rules]
[Pages 5083-5085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1754]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Juan 05-002]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a 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. These proposed regulations are designed to protect cruise 
ships at this port. All vessels, with the exception of cruise ships, 
would be prohibited from entering a moving and fixed security zone 
around each cruise ship without the express permission of the Captain 
of the Port San Juan or designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before March 3, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector San Juan, Prevention Command Office, San Juan, 5 La 
Puntilla Final, Old San Juan, PR 00901-1800. Prevention Command Office 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be 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) 289-0739.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking, COTP San 
Juan 05-002, 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 the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector San Juan, Prevention Command 
Office, at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time

[[Page 5084]]

and place announced by a later notice 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 proposes to 
reduce this risk by preventing unauthorized vessels from entering a 
moving and fixed security zone around each 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. A temporary final rule, COTP San Juan 05-005, in effect 
from 5 a.m. on January 23, 2005, until July 23, 2005, contains 
temporary regulations that provide security measures for cruise ships 
at the Port of Fredericksted.
    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 would notify the 
public via Broadcast Notice to Mariners VHF Marine Band Radio, Channel 
22, when a moving and fixed security zone is activated around a cruise 
ship at Fredericksted.

Discussion of Proposed Rule

    This proposed rule would provide security measures to protect 
cruise ships entering, departing, mooring or anchoring at the Port of 
Fredericksted, St. Croix, U.S. Virgin Islands. A moving and fixed 
security zone surrounding a cruise ship would be activated when an 
arriving cruise ship is within one nautical mile of the west end of the 
Fredericksted Pier and then deactivated when a departing cruise ship is 
beyond one nautical mile from the west end of the Fredericksted Pier. 
All vessels would be prohibited from entering the fixed and moving 
security zone extending in a 50-yard radius around a cruise ship, from 
surface to bottom, without the express permission of the Captain of the 
Port San Juan when the zone is activated.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this security zone to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Entry into the security zone 
would be 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would 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. However, a moving and fixed security 
zone around a cruise ship would only be in effect 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 a 
designated representative. Finally, we would issue maritime advisories 
that would be widely available when we expect a security zone to go 
into effect.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 the person listed under FOR 
FURTHER INFORMATION CONTACT. 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 proposed 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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.

[[Page 5085]]

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 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.

    2. Add Sec.  165.763 to read as follows:


Sec.  165.763  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. (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 
San Juan or designated representative.
    (2) 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.
    (3) Sector 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: January 24, 2005.
D. P. Rudolph,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-1754 Filed 1-31-05; 8:45 am]
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