[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22255-22257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8539]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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. This 
regulation 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 their designated representative. The current temporary 
final rule at 33 CFR 165.T07-05-005 will be removed when this final 
rule is effective because it is unnecessary.

DATES: This rule is effective May 31, 2005.

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-05-002 and are available for inspection or 
copying at Prevention Operations Command Office, San Juan, 5 
LaPuntilla 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: LTJG Katiuska Pabon, Prevention 
Operations Command San Juan at 787-729-2376.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 1, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Moving and Fixed Security Zone: Port of 
Fredericksted, Saint Croix, U.S. Virgin Islands'' in the Federal 
Register (70 FR 5083). We received no letters commenting on the 
proposed rule. No public meeting 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 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 or 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 their 
designated representative.
    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 Comments and Changes

    We did not receive any comments regarding this regulation and 
therefore made no changes from the proposed rule based on comments. We 
did, however, correct typographical errors in the coordinates in the 
proposed rule used for the Fredericksted Pier Lights. The final rule 
contains the correct coordinates.

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).
    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 period of time. Additionally, vessels 
may be allowed to enter the security zone with the express permission 
of the Captain of the Port San Juan or their 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 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.
    Therefore, 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.

[[Page 22256]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. 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 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 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 
systems 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 final 
``Categorical Exclusion Determination'' 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 parts 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. 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]42'49'' N, 
64[deg]53'19'' W. All coordinates are North American Datum 1983 (NAD 
1983).
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part,

[[Page 22257]]

entering, anchoring, mooring, or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port San 
Juan or their 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) 289-2041, 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.


Sec.  165.T07-05-005  [Removed]

0
3. Remove Sec.  165.T07-05-005.

    Dated: April 6, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-8539 Filed 4-28-05; 8:45 am]
BILLING CODE 4910-15-P