[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78365-78368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22439]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP JACKSONVILLE 06-276]
RIN 1625-AA87


Security Zones; Escorted Vessels in the Captain of the Port 
Jacksonville Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily establishing security zones 
around any vessel escorted by one or more Coast Guard, State, or local 
law enforcement assets within the Captain of the Port Zone 
Jacksonville, FL. No vessel or person is allowed within 100 yards of an 
escorted vessel, while within the navigable waters of the Captain of 
the Port Zone, Jacksonville, FL, unless authorized by the Captain of 
the Port Jacksonville, FL or designated representative. Additionally, 
all vessels within 500 yards of an escorted vessel in the Captain of 
the Port Zone Jacksonville, FL will be required to operate at a minimum 
speed necessary to maintain a safe course. This action is necessary to 
protect personnel, vessels, and facilities from sabotage or other 
subversive acts, accidents, or other events of a similar nature while 
we undertake a separate, notice-and-comment rulemaking to establish a 
permanent security zone for escorted vessels in the COTP Jacksonville 
Zone.

DATES: This rule is effective from December 7, 2006, through April 1, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Jacksonville 06-276) and are 
available for inspection or copying at Coast Guard Sector Jacksonville 
Prevention Department, 7820 Arlington Expressway, Suite 400, 
Jacksonville, FL 32211, between 7:30 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

[[Page 78366]]

Department, Florida tel: (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 an NPRM. Security zones around escorted 
vessels are necessary to ensure the safe transit of the escorted 
vessels as well as the public. Certain vessel movements are more 
vulnerable to terrorist acts and it would be contrary to the public 
interest to publish an NPRM which would incorporate a notice and 
comment period that would delay the effective date of this regulation.
    For the same reasons and 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

    The terrorist attacks of September 2001 heightened the need for 
development of various security measures throughout the seaports of the 
United States, particularly around vessels and facilities whose 
presence or movement creates a heightened vulnerability to terrorist 
acts; or those for which the consequences of terrorist acts represent a 
threat to national security. Following the attacks of September 11, 
2001, the President of the United States found the security of the 
United States to be endangered (E.O. 13224, 66 FR 49079, September 25, 
2001) and the President has continued the national emergencies he 
declared in 2001 (71 FR 52733, September 7, 2006, continuing the 
emergency declared with respect to terrorist attacks; and 71 FR 55725, 
September 22, 2006, continuing the emergency with respect to persons 
who commit, threaten to commit or support terrorism). Additionally, 
national security and intelligence officials continue to warn that 
future terrorist attacks are likely.
    King's Bay, GA, and the Ports of Jacksonville, FL, and Canaveral, 
FL, receive vessels that carry sensitive Department of Defense cargoes 
as well as foreign naval vessels that require additional safeguards. 
The Captain of the Port (COTP) Jacksonville has determined that these 
vessels have a significant vulnerability to subversive activity by 
vessels or persons within the Jacksonville Captain of the Port Zone, as 
described in 33 CFR 3.35-20. This rule enables the COTP Jacksonville to 
provide effective port security, while minimizing the public's 
confusion and ease the administrative burden of implementing separate 
temporary security zones for each escorted vessel. In the near future, 
the Captain of the Port Jacksoniville will publish a notice of proposed 
rulemaking (NPRM) in the Federal Register and seek comments on a 
proposal to establish a permanent security zone for escorted vessels in 
the COTP Jacksonville Zone. While that rulemaking is underway, this 
temporary rule is necessary to continue to ensure security for the 
Port.

Discussion of Rule

    This rule prohibits persons and vessels from coming within 100 
yards of all escorted vessels within the navigable waters of the 
Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35-
20. No vessel or person may enter within a 100 yard radius of an 
escorted vessel 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 and must comply with all orders issued by the 
COTP or his designated representative. Additionally, a vessel operating 
within 500 yards of an escorted vessel must proceed at a minimum speed 
necessary to maintain a safe course, unless otherwise required to 
maintain speed by the navigation rules, and must comply with the orders 
of the COTP Jacksonville or his designated representative.

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).
    While recognizing the potential impacts to the public, the Coast 
Guard believes the security zones are necessary for the reasons 
described above. However, we expect the economic impact of this rule to 
be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. There is generally 
enough room for vessels to navigate around these security zones. Where 
such room is not available and security conditions permit, the Captain 
of the Port will attempt to provide flexibility for individual vessels 
as needed.

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.
    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. This rule may affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit King's Bay and the Ports of Jacksonville and 
Canaveral in the vicinity of escorted vessels. This rule would not have 
a significant impact on a substantial number of small entities because 
the zones are limited in size, leaving in most cases ample space for 
vessels to navigate around them. The zones will not significantly 
impact commercial and passenger vessel traffic patterns, and mariners 
will be notified of the zones via Local Notice to Mariners and marine 
broadcasts. Where such room is not available and security conditions 
permit, the Captain of the Port will attempt to provide flexibility for 
individual vessels to transit through the zones as needed.
    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 affect it economically.

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 rule so that they can 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

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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. Although this 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 rule would 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 would not create an 
environmental risk to health or risk to safety that might 
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 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

List of Subjects 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, 160.5; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T07-276 to read as follows:


Sec.  165.T07-276  Security Zones; Escorted Vessels in the Captain of 
the Port Jacksonville Zone.

    (a) 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.
    Escorted vessel means a vessel, other than a U.S. naval vessel as 
defined in Sec.  165.2015 that is accompanied by one or more Coast 
Guard assets or other Federal, State or local law enforcement agency 
assets as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) Coast Guard Auxiliary surface asset displaying the Coast Guard 
Auxiliary insignia.
    (3) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    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

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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.
    State and/or local law enforcement officer means any State or local 
government law enforcement officer who has authority to enforce State 
or local laws.
    (b) Regulated area. All navigable waters within the Captain of the 
Port Zone Jacksonville, FL, as described in 33 CFR 3.35-20.
    (c) Regulations. (1) A 100 yard Security Zone is established 
around, and centered on each Escorted vessel within the Regulated Area. 
This is a moving security zone when the Escorted vessel is in transit 
and becomes a fixed zone when the Escorted vessel is anchored or 
moored. The general regulations for Security Zones contained in Sec.  
165.33 of this part applies to this section.
    (2) A vessel in the Regulated Area operating between 100 yards and 
500 yards of an Escorted vessel must proceed at the minimum safe speed, 
unless otherwise required to maintain speed by the navigation rules, 
and must comply with the orders of the COTP Jacksonville or his 
designated representative.
    (3) Persons or vessels shall contact the COTP Jacksonville to 
request permission to deviate from these regulations. The COTP 
Jacksonville may be contacted at (904) 247-7318 or on VHF channel 16.
    (4) The COTP will inform the public of the existence or status of 
Escorted vessels in the Regulated Area by Broadcast Notice to Mariners.
    (d) Effective period. This section is effective from December 7, 
2006, through April 1, 2007.

    Dated: December 8, 2006.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
 [FR Doc. E6-22439 Filed 12-28-06; 8:45 am]
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