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Security Zones; Captain of the Port Zone Jacksonville, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Rules and Regulations]
[Page 45736-45739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au06-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP JACKSONVILLE 06-164]
RIN 1625-AA87
Security Zones; Captain of the Port Zone Jacksonville, FL
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.
DATES: This rule is effective from August 4, 2006 through November 1,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP Jacksonville 06-164) 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 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
[[Page 45737]]
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). 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.
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 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
[[Page 45738]]
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.
? 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 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.
? 2. Add Sec. 165.T07-164 to read as follows:
Sec. 165.T07-164 Security Zones; King's Bay, GA, and the Ports of
Jacksonville, FL, and Canaveral, FL.
(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 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.
[[Page 45739]]
(d) Dates. This rule is effective from August 4, 2006 through
November 1, 2006.
Dated: August 3, 2006.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. E6-13096 Filed 8-9-06; 8:45 am]
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