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Security Zone; St. Thomas, U.S. VI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 4, 2003 (Volume 68, Number 107)]
[Rules and Regulations]
[Page 33390-33392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn03-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan-03-024]
RIN 1625-AA00
Security Zone; St. Thomas, U.S. VI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing moving and fixed security
zones 50 yards around all cruise ships entering, departing, moored or
anchored in the Port of Charlotte Amalie, U.S. Virgin Islands. These
security zones are needed for national security reasons to protect the
public and ports from potential subversive acts. Entry into these zones
is prohibited, unless specifically authorized by the Captain of the
Port of San Juan or his designated representative.
DATES: This rule is effective July 7, 2003.
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 San Juan-03-024]
and are available for
inspection or copying at Coast Guard Marine Safety Office San Juan,
Rodriguez and Del Valle Building, San Martin Street, Carr. #2,
Km. 4.9, Guaynabo, Puerto Rico, 00968, between the hours of 7 a.m. and
3:30 p.m., Monday through Friday, excluding Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Chip Lopez at Coast Guard
Marine Safety Office San Juan, Puerto Rico, (787) 706-2444.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 19, 2003, we published a notice of proposed rulemaking
(NPRM) entitled: ``Security Zone, St. Thomas, U.S. Virgin Islands, in
the Federal Register (68 FR 7958). We received one letter commenting on
the proposed rule. No public hearing 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 by vessels or persons in close proximity to the Port of
Charlotte Amalie, St. Thomas, U.S. Virgin Islands, against cruise ships
entering, departing and moored within the Port of Charlotte Amalie.
Following these attacks by well-trained and clandestine terrorists,
national security and intelligence officials have warned that future
terrorists attacks are likely.
The terrorist acts against the United States on September 11, 2001,
have increased the need for safety and security measures on U.S. ports
and waterways. In response to these terrorist acts, and in order to
prevent similar occurrences, the Coast Guard is establishing security
zones around all cruise ships entering, departing and moored within the
Port of Charlotte Amalie. We previously published two temporary final
rules entitled ``Security Zones; St. Thomas, U.S. Virgin Islands.'' in
the Federal Register on February 1, 2002 (67 FR 4909) and on November
13, 2002 (67 FR 68760). These temporary final rules contained similar
provisions as those in this rulemaking.
The security zone for a cruise ship entering port is activated when
the vessel passes: St. Thomas Harbor green lighted buoy 3 in
approximate position 18[deg]19'19'' North, 64[deg]55'40'' West when
entering the port using St. Thomas Channel; red buoy 2 in approximate
position 18[deg]19'15'' North, 64[deg]55'59'' West when entering the
port using East Gregorie Channel; and red lighted buoy 4 in approximate
position 18[deg]18'16'' North, 64[deg]57'30'' West when entering the
port using West Gregorie Channel. These zones are deactivated when the
cruise ship passes any of these buoys on its departure from the Port of
Charlotte Amalie.
Persons and vessels are prohibited from entering into or transiting
through a security zone unless authorized by the Captain of the Port
(COTP), or his designated representative. Each person and vessel in a
security zone must obey any direction or order of the COTP. The COTP
may remove any person, vessel, article, or thing from a security zone.
No person may board, or take or place any article or thing on board,
any vessel in a security zone without the permission of the Captain of
the Port. The Captain of the Port will notify the public of these
security zones through Marine Safety Information Bulletins via
facsimile and the Marine Safety Office San Juan Web site at
http://www.msocaribbean.com. 
Discussion of Comments and Changes
We received one letter commenting on the proposed rule. This
comment addressed whether or not this rule would affect the use of a
``dinghy dock'' adjacent to the Crown Bay Cruise Ship terminal. The
originator of the comment stated that the establishment of a 50 yard
security zone around cruise ships moored at the Crown Bay terminal
should not impact the use of this ``dinghy dock'' as users would have
enough sea room to use the dock and not enter the security zone. The
Coast Guard agrees that this rule will not affect the use of the dock
as vessels may transit to and from it without entering the 50 yard
security zone. The Coast Guard will allow the continued use of this
dock while cruise ships are moored at the Crown Bay terminal.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not
[[Page 33391]]
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 rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DHS is unnecessary because other
vessels will be able to safely navigate around the zones while in place
and persons may be authorized to enter or transit the zone with the
permission of the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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. The rule may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the Port of Charlotte Amalie when a cruise ship is
entering, departing, moored or anchored in the Port of Charlotte
Amalie. This rule will not have a significant economic impact on a
substantial number of small entities because other vessels will be able
to safely navigate around the zones while in place and persons may be
authorized to enter or transit the zone with the permission of the
Captain of the Port.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. 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 Lieutenant Chip Lopez at (787)
706-2444 for assistance in understanding this rulemaking. We also have
a point of contact for commenting on actions by employees of the Coast
Guard. 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 businesses. 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
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
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 safety that may disproportionately
affect children.
Environment
The Coast Guard has considered the environmental impact of this
rule and has determined that, under figure 2-1, paragraph (34)g, of
Commandant Instruction M16475.ID, that this rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
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 amends 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
? 2. Section 165.762 is added to read as follows:
Sec. 165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
(a) Location. Moving and fixed security zones are established 50
yards around all cruise ships entering, departing, moored or anchored
in the Port of St. Thomas, U.S. Virgin Islands. The security zone for a
cruise ship entering port is activated when the vessel passes: St.
Thomas Harbor green lighted buoy 3 in approximate position
18[deg]19'19'' North, 64[deg]55'40'' West when entering the port using
St. Thomas Channel; red buoy 2 in approximate position 18[deg]19'15''
North, 64[deg]55'59'' West when entering the port using East Gregorie
Channel; and red lighted buoy 4 in approximate position 18[deg]18'16''
North, 64[deg]57'30'' West when entering the port using West Gregorie
Channel. These zones are deactivated when the cruise ship passes any of
these buoys on its departure from the Port.
(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 of
San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Greater Antilles Section
Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his designated representative.
[[Page 33392]]
(3) The Marine Safety Office 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: May 15, 2003.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-14016 Filed 6-3-03; 8:45 am]
BILLING CODE 4910-15-P