[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Proposed Rules]
[Page 62235-62237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-20]
[[Page 62235]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0752]
RIN 1625-AA87
Security Zone; West Basin, Port Canaveral Harbor, Cape Canaveral,
FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a security zone
encompassing the navigable waters of the West Basin, Port Canaveral
Harbor, Cape Canaveral, Florida. This security zone would be activated
4 hours prior to the scheduled arrival of a cruise ship at the West
Basin. It is only enforceable during Maritime Security (MARSEC) Levels
2 and 3 or when there is a specific credible threat during MARSEC Level
1. This security zone would remain activated until the departure of all
cruise ships from the West Basin.
DATES: Comments and related material must reach the Coast Guard on or
before December 19, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0752 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.
(3) Hand delivery: Same as mail address above, 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 proposed
rule, call Lieutenant Commander Mark Gibbs at Coast Guard Sector
Jacksonville Prevention Department. Contact telephone is 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 to use the Docket Management Facility.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0752), 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.
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
proposed 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-2008-0752)
in the Search Documents box, and click ``Go >>.'' You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation 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 St., Atlantic
Beach, FL 32233-2416 between 7:30 a.m. and 5 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
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.
Background and Purpose
The September 11, 2001, terrorist attacks on the World Trade Center
complex in New York and the Pentagon in Arlington, Virginia, proved the
devastating effects of subversive activity on U.S. critical
infrastructure. Since that time, the Coast Guard has been taking action
to ensure the security of maritime critical infrastructure and key
resources throughout the country.
Subversive activity towards cruise ships and their associated
passengers and crew is of paramount concern to the Coast Guard.
Therefore, in order to strengthen security and further control access
to the West Basin, the Captain of the Port Jacksonville has decided,
after consultation with the Northeast and Eastern Central Florida Area
Maritime Security Committee and in cooperation with the Canaveral Port
Authority, to implement a security zone encompassing the West Basin.
This security zone is only enforceable during MARSEC Levels 2 and 3 or
when there is a specified credible threat during MARSEC Level 1.
As reflected in 33 CFR 101.105, Maritime Security (MARSEC) level
means the level set to reflect the prevailing threat environment to the
marine elements of the national transportation system, including ports,
vessels, facilities, and critical assets and infrastructure located on
or adjacent to waters subject to the jurisdiction of the U.S. The
higher the level number, the greater the threat:
MARSEC Level 1 means the level for which minimum appropriate
protective security measures shall be maintained at all times.
MARSEC Level 2 means the level for which appropriate additional
protective security measures shall be maintained for a period of
[[Page 62236]]
time as a result of heightened risk of a transportation security
incident.
MARSEC Level 3 means the level for which further specific
protective security measures shall be maintained for a limited
period of time when a transportation security incident is probable
or imminent, although it may not be possible to identify the
specific target.
As specified in 33 CFR 101.300, the Captain of the Port will
communicate any changes in the MARSEC levels through a local Broadcast
Notice to Mariners, an electronic means, if available, or as detailed
in the Area Maritime Security Plan developed under 46 U.S.C. 70103(b).
Discussion of Proposed Rule
The security zone area includes all waters of the West Basin, Port
Canaveral Harbor, Cape Canaveral, FL northwest of an imaginary line
between two points: 28[deg]24[min]57.88[sec] N,
080[deg]37[min]25.69[sec] W to 28[deg]24[min]37.48[sec] N,
080[deg]37[min]34.03[sec] W. When the security zone is activated, and
thus subject to enforcement, entry is prohibited unless specifically
authorized by the Captain of the Port Jacksonville or his designated
representative.
This security zone would be activated 4 hours before the scheduled
arrival of a cruise ship at the West Basin. It is only enforceable
during MARSEC Levels 2 and 3 or when the COTP determines there is a
specific credible threat during MARSEC Level 1. This security zone
would remain activated until the departure of all cruise ships from the
West Basin or when the credible threat no longer exists. The
restriction of vessel movements within this security zone is intended
to prohibit the movement of all vessels not operated by a local, State,
or Federal law enforcement organization unless specifically authorized
by the Captain of the Port, or his designated representative. The
public would be notified when the security zone is activated by the
display of a red flag on a 50-foot pole located at the east end of
Cruise Ship terminal 10 that is visible from all approaches to the
zone.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed 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 a significant action because this security zone would be
activated 4 hours prior to the scheduled arrival of a cruise ship at
the West Basin. It is only enforceable during MARSEC Levels 2 and 3 or
when there is not a specific credible threat during MARSEC Level 1.
Once activated, this security zone would remain activated until the
departure of all cruise ships from the West Basin or when the COTP
determines there is a specific credible threat during MARSEC Level 1.
This security zone would be wholly confined within the existing West
Basin and would not impede traffic transiting from the Banana River to
the Atlantic Ocean.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This security zone would be activated 4 hours
prior to the scheduled arrival of a cruise ship at the West Basin. It
is only enforceable during MARSEC Levels 2 and 3 or when there is a
specific credible threat during MARSEC Level 1. Once activated, this
security zone would remain activated until the departure of all cruise
ships from the West Basin. This security zone would be wholly confined
within the existing West Basin and would not impede traffic transiting
from the Banana River to the Atlantic Ocean.
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 economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander Mark Gibbs at Coast Guard Sector Jacksonville Prevention
Department. Contact telephone is 904-564-7563. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
[[Page 62237]]
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 proposed 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 proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination under the Instruction that this
action is not likely to have a significant effect on the human
environment. An environmental analysis checklist supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
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 proposes
to amend 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, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 165.777 to read as follows:
Sec. 165.777 Security Zone; West Basin, Port Canaveral Harbor, Cape
Canaveral, Florida.
(a) Regulated Area. The following area is a security zone: All
waters of the West Basin of Port Canaveral Harbor northwest of an
imaginary line between two points: 28[deg]24'57.88'' N,
080[deg]37'25.69'' W to 28[deg]24'37.48'' N, 080[deg]37'34.03'' W.
(b) Requirement. (1) This security zone will be activated 4 hours
prior to the scheduled arrival of a cruise ship at the West Basin of
Port Canaveral Harbor during MARSEC Levels 2 and 3 or when the Captain
of the Port Jacksonville (COTP) determines there is a specified
credible threat during MARSEC Level 1. This security zone will not be
deactivated until the departure of all cruise ships from the West
Basin. The zone is subject to enforcement when it is activated.
(2) Under general security zone regulations of 33 CFR 165.33, no
vessel or person may enter or navigate within the regulated area unless
specifically authorized by the COTP or the COTP's designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any direction given by the
COTP or a designated representative and leave the security zone
immediately if so ordered.
(3) The public will be notified when the security zone is activated
by the display of a red flag on a 50-foot pole located at the east end
of Cruise Ship terminal 10. This red flag will be lowered when the
security zone is deactivated.
(c) Definitions. The following definition applies to this section:
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local law
enforcement officers designated by or assisting the COTP in the
enforcement of the security zone.
(d) Captain of the Port Contact Information. If you have questions
about this regulation, please contact the Sector Command Center at
(904) 564-7513.
(e) Enforcement periods. This section will only be subject to
enforcement when the security zone described in paragraph (a) is
activated as specified in paragraph (b)(1) of this section.
Dated: September 29, 2008.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. E8-24808 Filed 10-17-08; 8:45 am]
BILLING CODE 4910-15-P