[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Rules and Regulations]
[Pages 70730-70732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23236]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Jacksonville 05-154]
RIN 1625-AA87


Security Zone; St. John's River, Jacksonville, FL to Ribault Bay

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone around foreign naval submarines in transit within the area between 
12 nautical miles seaward from the baseline at the mouth of the St. 
John's River to Ribault Bay. The security zone includes all waters 
within 500 yards in any direction of the submarine. This rule prohibits 
entry into the security zone without the permission of the Captain of 
the Port (COTP) Jacksonville or his designated representative. Persons 
or vessels that receive permission to enter the security zone must 
proceed at a minimum safe speed, must comply with all orders issued by 
the COTP or his designated representative, and must not proceed any 
closer than 100 yards, in any direction, to the submarine. This 
security zone is needed to ensure public safety and to prevent sabotage 
or terrorist acts against the submarine.

DATES: This rule is effective from 8 a.m. on November 9, 2005, until 
11:59 p.m. on December 1, 2005.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket [COTP Jacksonville 05-154] and are 
available for inspection and copying at Coast Guard Sector Jacksonville 
Prevention Department, 7820 Arlington Expressway, Suite 400, 
Jacksonville, Florida 32211, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard 
Sector Jacksonville Prevention Department, Florida telephone: (904) 
232-2640, ext. 108.

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 a NRPM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, and 
delay the rule's effective date, is contrary to the public interest 
because immediate action is necessary to protect the public and waters 
of the United States.
    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. The Coast Guard will 
issue a broadcast notice to mariners and will place Coast Guard vessels 
in the vicinity of this zone to advise mariners of the restrictions.

Background and Purpose

    This rule is needed to protect foreign navy submarines from damage 
or injury from sabotage or other subversive acts, accidents or other 
causes of a similar nature, or to secure the observance of rights and 
obligations of the United States. Although this rule is effective from 
8 a.m. on November 9, 2005, until 11:59 p.m. on December 1, 2005, the 
Coast Guard will only enforce this rule when a foreign navy submarine 
is transiting within the area between 12 nautical miles seaward from 
the baseline at the mouth of the St. John's River to Ribault Bay. 
Anchoring, mooring, or transiting within this zone is prohibited, 
unless authorized by the Captain of the Port, Jacksonville, Florida, or 
his designated representative. The temporary security zone encompasses 
all waters within 500 yards around the foreign naval submarine. Vessels 
or persons authorized to enter the zone must proceed at a minimum safe 
speed, must comply with all orders issued by the COTP or his designated 
representative, and must not proceed any closer than 100 yards, in any 
direction, to the submarine.

Regulatory Evaluation

    This regulation 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 cost and benefits under 
section 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under the order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS) because these regulations will only be in effect for a 
short period of time and the impact on routine navigation is expected 
to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a

[[Page 70731]]

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 field, 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 upon a substantial number of 
small entities because the regulation will only be enforced for a short 
period of time within a 22-day window, during vessel transits, and the 
impact on routine navigation is expected to be minimal. Vessels may 
still transit safely around the zone and, upon permission of the 
Captain of the Port or his designated representative, may transit at 
minimum safe speed through that portion of the security zone between 
100 and 500 yards from the submarine.

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 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 my 
result in the expenditure by 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 affect 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 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 
``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 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

[[Page 70732]]

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.


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2. A new temporary Sec.  165.T07-154 is added to read as follows:


Sec.  165.T07-154  Security Zone; St. John's River, Jacksonville, FL to 
Ribault Bay.

    (a) Regulated area. The Coast Guard is establishing a temporary 
moving security zone for a foreign navy submarine within the area 12 
nautical miles seaward from the baseline at the mouth of the St. John's 
River to Ribault Bay. The temporary security zone encompasses all 
waters within 500 yards in any direction around a foreign navy 
submarine transiting within the area between 12 nautical miles seaward 
of the sea buoy at the entrance to the St. John's River to Ribault Bay.
    (b) Definitions. The following definitions apply to this section:
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the Captain of the Port (COTP), 
Jacksonville, Florida, in the enforcement of the regulated navigation 
areas and security zones.
    Minimum Safe Speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, anchoring, mooring or transiting in this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Jacksonville, FL or his designated representative. Persons or 
vessels that receive permission to enter the security zone must proceed 
at a minimum safe speed, must comply with all orders issued by the COTP 
or his designated representative, and must not proceed any closer than 
100 yards, in any direction, to the submarine.
    (d) Dates. This section is effective from 8 a.m. on November 9, 
2005, until 11:59 p.m. on December 1, 2005.

    Dated: November 9, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-23236 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-15-P