[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Rules and Regulations]
[Pages 28707-28710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0203]
RIN 1625-AA87


Security Zone; Escorted Vessels in Captain of the Port Zone 
Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a security zone around any 
vessel being escorted by one or more Coast Guard, State, or local law 
enforcement assets within the Captain of the Port Zone Jacksonville, 
FL. This action is necessary to ensure the safe transit of escorted 
vessels as well as the safety and security of personnel and port 
facilities. No vessel or person is allowed inside the security zone 
unless authorized by the Captain of the Port Jacksonville, FL or a 
designated representative.

DATES: This interim rule is effective May 19, 2008. Comments and 
related material must reach the Docket Management Facility on or before 
June 18, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0203 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.

[[Page 28708]]

    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LCDR Austin Ives at Sector Jacksonville (904) 564-7563. If you 
have questions on viewing or submitting material to the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0203), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
For example, we may ask you to resubmit your comment if we are not able 
to read your original submission. You may submit your comments and 
material by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments and material by only one means. If you submit them by 
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, 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 rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0203) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays or the Coast Guard Sector Jacksonville Prevention Department, 
4200 Ocean Street, Atlantic Beach, Florida 32233, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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 and place 
announced by a later notice in the Federal Register.

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 a NPRM and delaying 
the effective date would be contrary to public interest since the 
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 that would delay the 
effective date of this rule. The Coast Guard coordinates escorts for 
vessels in this waterway for the port's safety and security. Recently, 
recreational boaters have endangered themselves and others by not 
following the verbal guidance of on scene law enforcement officials. To 
ensure safe boating, it is imperative that a standard exclusionary zone 
be broadcast and safe speeds be followed for all escorted vessels.
    For the same reasons above, 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. The President of the United States has 
found that the security of the United States is and continues to be 
endangered following the attacks of September 11 (E.O. 13,273, 67 FR 
56215, Sep. 3, 2002 and 72 FR 54205, Sep. 21, 2007). 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 frequently receive vessels that require additional security, 
including, but not limited to, vessels that carry sensitive Department 
of Defense cargoes, vessels that carry dangerous cargoes, and foreign 
naval vessels. The Captain of the Port (COTP) Jacksonville has 
determined that these vessels have a significant vulnerability to 
subversive activity by vessels or persons or, in some cases, themselves 
pose a risk to a port and the public, 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.

Discussion of Rule

    This rule establishes a security zone that prohibits persons and 
vessels from coming within 500 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. 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 a designated 
representative. No vessel or person may enter within a 100-yard radius 
of an escorted vessel.

[[Page 28709]]

    An escorted vessel is defined as a vessel, other than a large U.S. 
naval vessel as defined in 33 CFR 165.2015, that is accompanied by one 
or more Coast Guard assets or other Federal, State or local law 
enforcement agency assets clearly identifiable by lights, vessel 
markings, or with agency insignia as listed below:
    Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    State and/or local law enforcement asset displaying the applicable 
agency markings and/or equipment associated with the agency.
    When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.

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.
    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. The limited geographic area impacted by the 
security zone will not restrict the movement or routine operation of 
commercial or recreational vessels through the Ports within the Captain 
of the Port Zone Jacksonville.

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 will 
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 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, in most cases leaving 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 Broadcast Notice to Mariners. Where 
such space 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.

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.
    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). 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 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

[[Page 28710]]

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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

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, 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.  165.773 to read as follows:


Sec.  165.773  Security Zone; Escorted Vessels in Captain of the Port 
Zone Jacksonville, Florida.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Jacksonville, FL.
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels or aircraft, and federal, state, and 
local officers designated by or assisting the COTP, in the enforcement 
of the security zone.
    Escorted vessel means a vessel, other than a large U.S. naval 
vessel as defined in 33 CFR 165.2015, that is accompanied by one or 
more Coast Guard assets or other Federal, State, or local law 
enforcement agency assets clearly identifiable by lights, vessel 
markings, or with agency insignia as follows:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    (3) When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.
    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.
    (b) Regulated Area. All navigable waters, as defined within Captain 
of the Port Zone, Jacksonville, Florida as defined in 33 CFR 3.35-20.
    (c) Security Zone. A 500-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. 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. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec.  165.33 of this part applies to this section.
    (2) A vessel may request the permission of the COTP or a designated 
representative to enter the security zone described in paragraph (c) of 
this section. If permitted to enter the security zone, a vessel must 
proceed at the minimum safe speed and must comply with the orders of 
the COTP or a designated representative. No vessel or person may enter 
the inner 100-yard portion of the security zone closest to the vessel.
    (e) Notice of Security Zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in 
the regulated area by Broadcast Notice to Mariners. Coast Guard assets 
or other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact Information. The COTP Jacksonville may be reached via 
phone at (904) 564-7513. Any on scene Coast Guard or designated 
representative assets may be reached via VHF-FM channel 16.

    Dated: May 6, 2008.
P.F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Zone Jacksonville, 
Florida.
[FR Doc. E8-11141 Filed 5-16-08; 8:45 am]
BILLING CODE 4910-15-P