[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Rules and Regulations]               
[Page 41339-41340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-14]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-02-060]
RIN 2115-AA97

 
Security Zones; Ports of Jacksonville and Canaveral, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the effective period of the 
temporary final rule that established temporary 100 yard moving and 
fixed security zones around certain vessels within the Ports of 
Jacksonville and Canaveral. The security zones will prohibit vessels 
from coming within 100 yards of all tank vessels, cruise ships, and 
military pre-positioned ships when these vessels enter, depart or moor 
within the Ports of Jacksonville and Canaveral. These security zones 
are needed to ensure public safety and prevent sabotage or terrorist 
acts against vessels in the COTP Jacksonville area of responsibility. 
Entry into these zones is prohibited, unless specifically authorized by 
the Captain of the Port, Jacksonville, Florida or his designated 
representative.

DATES: This rule is effective from midnight (12 a.m.) June 16, 2002 
through 12 (noon) November 15, 2002.

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 [CGD02-02-060] and are available for inspection or copying 
at Marine Safety Office Jacksonville, 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: LTJG Drew Casey, Coast Guard Marine 
Safety Office Jacksonville, at 904-232-3610, ext. 105.

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 NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, would 
be contrary to the public interest since the Captain of the Port of 
Jacksonville has determined that immediate action is needed to protect 
the public, ports and waterways 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.

Background and Purpose

    On September 12, 2001, one day after the September 11 terrorist 
attacks, the Coast Guard established a temporary rule establishing 
security zones around tank vessels, passenger vessels, and military 
pre-positioned ships until October 3, 2001 (published on September 26, 
2001, 66 FR 49104). Following these attacks by well-trained and 
clandestine terrorists, national security and intelligence officials 
have warned that future terrorists attacks are likely. As a result, on 
October 17, 2001, the Coast Guard published a second temporary rule in 
the Federal Register continuing these zones through 11:59 p.m. June 15, 
2002 (66 FR 52689). This third temporary rule will continue the zones 
through noon on November 15, 2002 so the Coast Guard can publish a 
notice of proposed rulemaking to receive public comment on making this 
temporary rule final.
    This temporary rule creates 100-yard security zones around all tank 
vessels, cruise ships, and military pre-positioned ships when these 
vessels enter, depart or moor within the Ports of Jacksonville and 
Canaveral. No person or vessel may enter these zones without the 
permission of the Captain of the Port of Jacksonville. These moving 
security zones are activated when the subject vessels pass the St. 
Johns River Sea Buoy, at approximate position 30 deg. 23" 35' N, 
81 deg. 19" 08' West, when entering the Port of Jacksonville, or pass 
Port Canaveral Channel Entrance Buoys # 3 or # 4, at respective 
approximate positions 28 deg. 22.7 N, 80 deg. 31.8 W, and 28 deg. 23.7 
N, 80 deg. 29.2 W, when entering Port Canaveral. Temporary fixed 
security zones are established 100 yards around all tank vessels, 
cruise ships, and military pre-positioned ships docked in the Ports of 
Jacksonville and Canaveral, Florida.

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 Transportation 
(DOT) (44 FR 11040; February 26, 1979) because the impact of this rule 
on commercial and recreational vessel navigation is minimal because 
most vessels will be able to transit around these zone and the Captain 
of the Port may permit entry into the zone on a case by case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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

[[Page 41340]]

because small entities may transit around these zones and may be 
allowed to enter on a case-by-case basis with the authorization 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 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication 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. Alhough 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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

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 relationships 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 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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; 49 CFR 1.46.


    2. A new temporary section 165.T-07-060 is added to read as 
follows:


Sec. 165.T-07-060  Security Zones; Ports of Jacksonville and Canaveral, 
Florida.

    (a) Regulated area. Temporary moving security zones are established 
100 yards around all tank vessels, cruise ships, and military pre-
positioned ships during transits entering or departing the ports of 
Jacksonville and Canaveral, Florida. These moving security zones are 
activated when the subject vessels pass the St. Johns River Sea Buoy, 
at approximate position 30 deg.23" 35' N, 81 deg.19" 08' West, when 
entering the Port of Jacksonville, or pass Port Canaveral Channel 
Entrance Buoys # 3 or # 4, at respective approximate positions 
28 deg.22.7 N, 80 deg.31.8 W, and 28 deg.23.7 N, 80 deg.00.2 W, when 
entering Port Canaveral. Temporary fixed security zones are established 
100 yards around all tank vessels, cruise ships, and military pre-
positioned ships docked in the Ports of Jacksonville and Canaveral, 
Florida.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these zones is prohibited except 
as authorized by the Captain of the Port, or a Coast Guard 
commissioned, warrant, or petty officer designated by him. The Captain 
of the Port will notify the public of any changes in the status of this 
zone by Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 
22 (157.1 MHz).
    (c) Definition. As used in this section: Cruise ship means a 
passenger vessel, except for a ferry, greater than 100 feet in length 
that is authorized to carry more than 12 passengers for hire.
    (d) Dates. This rule becomes effective at midnight (12:00 a.m.) on 
June 16, 2002 and will terminate at 12 (noon) on November 15, 2002.

    Dated: June 11, 2002.
M.M. Rosecrans,
Captain, U. S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 02-15357 Filed 6-17-02; 8:45 am]
BILLING CODE 4910-15-P