[Federal Register: December 2, 2002 (Volume 67, Number 231)]
[Rules and Regulations]
[Page 71475-71477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de02-18]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-02-148]
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 establishing temporary moving security
zones around certain vessels within the ports of Jacksonville and
Canaveral. The security zones will prohibit entry into or movement
within 100 yards of all tank vessels, cruise ships, and military pre-
positioned ships when these vessels enter, depart or moor within the
ports
[[Page 71476]]
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.
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 [CGD07-02-148] 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.
DATES: This rule is effective from 12 a.m. (noon) on November 20, 2002
until 12 a.m. (noon) on January 30, 2003.
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. On October 3, 2001, the
Coast Guard published a second temporary rule continuing these zones
until June 15, 2002. A third temporary rule continued the zones until
November 15, 2002. This fourth temporary rule will continue the zones
until January 30, 2003. The Coast Guard published a notice of proposed
rulemaking on June 18, 2002 proposing to make these regulations
permanent in nature.
Regulatory Evaluation
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). The third temporary rule continued the zones
through noon on November 15, 2002 (67 FR 41339). This fourth temporary
rule continues the zones until January 30, 2003 so the Coast Guard can
give adequate consideration to the comments received from the notice of
proposed rulemaking (67 FR 55184).
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.
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 because small entities 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. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
[[Page 71477]]
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 concern 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--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. A new temporary Sec. 165.T07-148 is added to read as follows:
Sec. 165.T07-148 Security zone; 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.
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.
(b) Regulations. In accordance with the regulations of 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 section becomes effective at 12 a.m. (noon) on
November 20, 2002 and will terminate at 12 a.m. (noon) on January 30,
2003, unless terminated earlier by the Captain of the Port,
Jacksonville, Florida.
Dated: November 20, 2002.
R.J. Petow,
Commander, U.S. Coast Guard, Acting Captain of the Port, Jacksonville.
[FR Doc. 02-30433 Filed 11-29-02; 8:45 am]
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