Moving and Fixed Security Zone: Port of Fredericksted, Saint Croix, U.S. Virgin Islands, 22255-22257 [05-8539]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
(4) Before the bridge closes for any
reason, the remote operator will monitor
waterway traffic in the area. The bridge
shall only be closed if the off-site remote
operator’s visual inspection shows that
the channel is clear and there are no
vessels transiting in the area. While the
bridge is moving, the operator shall
maintain constant surveillance of the
navigation channel.
(5) Before closing the draw, the
channel traffic lights will change from
flashing green to flashing red, the horn
will sound five short blasts, and an
audio voice warning stating, ‘‘Attention,
Attention. Norfolk Southern’s Railroad
Bridge over the Eastern Branch of the
Elizabeth River at milepost 2.7 will be
closing to river traffic.’’ Five short blasts
of the horn will continue until the
bridge is seated and locked down to
vessels, the channel traffic lights will
continue to flash red.
(6) When the rail traffic has cleared,
the horn will sound one prolonged blast
followed by one short blast to indicate
that the draw is opening to vessel traffic.
During the opening swing movement,
the channel traffic lights will flash red
until the bridge returns to the fully open
position. In the full open position to
vessels, the bridge channel lights will
flash green followed by an
announcement stating, ‘‘Security,
security, security. Norfolk Southern
Railroad Bridge at mile 2.7 is open for
river traffic.’’ Vessels shall stay clear of
both channels as to not interfere with
infrared detectors, until green lights are
displayed on the swing span.
*
*
*
*
*
Dated: April 18, 2005.
Ben A. Thomason III,
Captain, United States Coast Guard, Acting
Commander, Fifth Coast Guard District.
[FR Doc. 05–8569 Filed 4–28–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP SAN JUAN 05–002]
RIN 1625–AA87
Moving and Fixed Security Zone: Port
of Fredericksted, Saint Croix, U.S.
Virgin Islands
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a moving and fixed security
zone around cruise ships entering,
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
departing, mooring or anchoring at the
Port of Fredericksted in Saint Croix,
U.S. Virgin Islands. This regulation is a
security measure designed to protect
cruise ships at this port. All vessels,
with the exception of cruise ships, are
prohibited from entering the moving
and fixed security zone around a cruise
ship without the express permission of
the Captain of the Port San Juan or their
designated representative. The current
temporary final rule at 33 CFR 165.T07–
05–005 will be removed when this final
rule is effective because it is
unnecessary.
DATES:
This rule is effective May 31,
2005.
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–05–002 and are available
for inspection or copying at Prevention
Operations Command Office, San Juan,
#5 LaPuntilla Final, Old San Juan, PR
00901–1800, between 7 a.m. and 3:30
p.m. Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Katiuska Pabon, Prevention
Operations Command San Juan at 787–
729–2376.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On February 1, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Moving and Fixed Security
Zone: Port of Fredericksted, Saint Croix,
U.S. Virgin Islands’’ in the Federal
Register (70 FR 5083). We received no
letters commenting on the proposed
rule. No public meeting 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 from vessels
in close proximity to cruise ships
entering, departing, mooring or
anchoring at any port of call. Following
these attacks, national security and
intelligence officials have warned that
future terrorists attacks are likely and
may include maritime interests such as
cruise ships. The Captain of the Port
San Juan proposes to reduce this risk by
preventing unauthorized vessels from
entering a moving or fixed security zone
around each cruise ship entering,
departing, anchoring or mooring at the
Port of Fredericksted without the
authorization of the Captain of the Port
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
22255
San Juan or their designated
representative.
Captain of the Port San Juan can be
contacted on VHF Marine Band Radio,
Channel 16 (156.8 Mhz), or by
telephone number (787) 289–0739. The
United States Coast Guard
Communications Center would notify
the public via Broadcast Notice to
Mariners VHF Marine Band Radio,
Channel 22, when a moving and fixed
security zone is activated around a
cruise ship at Fredericksted.
Discussion of Comments and Changes
We did not receive any comments
regarding this regulation and therefore
made no changes from the proposed
rule based on comments. We did,
however, correct typographical errors in
the coordinates in the proposed rule
used for the Fredericksted Pier Lights.
The final rule contains the correct
coordinates.
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).
We expect the economic impact of
this security zone to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. Entry into the
security zone would be prohibited for a
limited period of time. Additionally,
vessels may be allowed to enter the
security zone with the express
permission of the Captain of the Port
San Juan or their designated
representative.
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.
Therefore, 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.
E:\FR\FM\29APR1.SGM
29APR1
22256
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered to assist small entities
in understanding the rule so that they
could 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.
Though 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
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
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 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 relationship 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 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (34)(g), of the instruction, an
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are not required for this
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 amends 33
CFR parts 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I
2. Add § 165.763 to read as follows:
§ 165.763 Moving and Fixed Security Zone,
Port of Fredericksted, Saint Croix, U.S.
Virgin Islands.
(a) Location. A moving and fixed
security zone is established that
surrounds all cruise ships entering,
departing, mooring or anchoring in the
Port of Fredericksted, Saint Croix, U.S.
Virgin Islands. The security zone
extends from the cruise ship outward
and forms a 50-yard radius around the
vessel, from surface to bottom. The
security zone for a cruise ship entering
port is activated when the vessel is
within one nautical mile west of the
Fredericksted Pier lights. The security
zone for a vessel is deactivated when
the cruise ship is beyond one nautical
mile west of the Fredericksted Pier
lights. The Fredericksted Pier lights are
at the following coordinates: 17°42′49″
N, 64°53′19″ W. All coordinates are
North American Datum 1983 (NAD
1983).
(b) Regulations. (1) Under general
regulations in § 165.33 of this part,
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
entering, anchoring, mooring, or
transiting in these zones is prohibited
unless authorized by the Coast Guard
Captain of the Port San Juan or their
designated representative.
(2) Persons desiring to transit through
a security zone may contact the Captain
of the Port San Juan who can be reached
on VHF Marine Band Radio, Channel 16
(156.8 Mhz) or by calling (787) 289–
2041, 24-hours-a-day, 7-days-a-week. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
designated representative.
(3) Sector 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.
§ 165.T07–05–005
I
[Removed]
3. Remove § 165.T07–05–005.
Dated: April 6, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 05–8539 Filed 4–28–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0012; FRL–7905–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; NOX RACT
Determination for the Naval Surface
Warfare Center, Caderock Division
Ship Systems Engineering Station
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s State
Implementation Plan (SIP). The
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
the Naval Surface Warfare Center,
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
Caderock Division Ship Systems
Engineering Station (NSWCCD–SSES), a
major source of nitrogen oxides (NOX).
This source is located in Pennsylvania.
The EPA is approving this revision to
establish RACT requirements in the SIP
in accordance with the Clean Air Act
(CAA).
This rule is effective on June 28,
2005 without further notice, unless EPA
receives adverse written comment by
May 31, 2005. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–PA–0012 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03–OAR–2005–PA–0012,
Dave Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–PA–0012.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov Web
sites are an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
DATES:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
22257
going through RME or regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to sections 182(b)(2) and
182(f) of the CAA, the Commonwealth
of Pennsylvania (the Commonwealth or
Pennsylvania) is required to establish
and implement RACT for all major VOC
and NOX sources. The major source size
is determined by its location, the
classification of that area and whether it
is located in the ozone transport region
(OTR). Under section 184 of the CAA,
RACT as specified in sections 182(b)(2)
and 182(f) applies throughout the OTR.
The entire Commonwealth is located
within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
State implementation plan revisions
imposing RACT for three classes of VOC
sources are required under section
182(b)(2). The categories are:
(1) All sources covered by a Control
Technique Guideline (CTG) document
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22255-22257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8539]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP SAN JUAN 05-002]
RIN 1625-AA87
Moving and Fixed Security Zone: Port of Fredericksted, Saint
Croix, U.S. Virgin Islands
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a moving and fixed security
zone around cruise ships entering, departing, mooring or anchoring at
the Port of Fredericksted in Saint Croix, U.S. Virgin Islands. This
regulation is a security measure designed to protect cruise ships at
this port. All vessels, with the exception of cruise ships, are
prohibited from entering the moving and fixed security zone around a
cruise ship without the express permission of the Captain of the Port
San Juan or their designated representative. The current temporary
final rule at 33 CFR 165.T07-05-005 will be removed when this final
rule is effective because it is unnecessary.
DATES: This rule is effective May 31, 2005.
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-05-002 and are available for inspection or
copying at Prevention Operations Command Office, San Juan, 5
LaPuntilla Final, Old San Juan, PR 00901-1800, between 7 a.m. and 3:30
p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Katiuska Pabon, Prevention
Operations Command San Juan at 787-729-2376.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 1, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Moving and Fixed Security Zone: Port of
Fredericksted, Saint Croix, U.S. Virgin Islands'' in the Federal
Register (70 FR 5083). We received no letters commenting on the
proposed rule. No public meeting 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 from vessels in close proximity to cruise ships entering,
departing, mooring or anchoring at any port of call. Following these
attacks, national security and intelligence officials have warned that
future terrorists attacks are likely and may include maritime interests
such as cruise ships. The Captain of the Port San Juan proposes to
reduce this risk by preventing unauthorized vessels from entering a
moving or fixed security zone around each cruise ship entering,
departing, anchoring or mooring at the Port of Fredericksted without
the authorization of the Captain of the Port San Juan or their
designated representative.
Captain of the Port San Juan can be contacted on VHF Marine Band
Radio, Channel 16 (156.8 Mhz), or by telephone number (787) 289-0739.
The United States Coast Guard Communications Center would notify the
public via Broadcast Notice to Mariners VHF Marine Band Radio, Channel
22, when a moving and fixed security zone is activated around a cruise
ship at Fredericksted.
Discussion of Comments and Changes
We did not receive any comments regarding this regulation and
therefore made no changes from the proposed rule based on comments. We
did, however, correct typographical errors in the coordinates in the
proposed rule used for the Fredericksted Pier Lights. The final rule
contains the correct coordinates.
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).
We expect the economic impact of this security zone to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Entry into the security zone
would be prohibited for a limited period of time. Additionally, vessels
may be allowed to enter the security zone with the express permission
of the Captain of the Port San Juan or their designated representative.
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.
Therefore, 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 22256]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could 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. Though 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.
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 relationship 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 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 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(g), of
the instruction, an ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.763 to read as follows:
Sec. 165.763 Moving and Fixed Security Zone, Port of Fredericksted,
Saint Croix, U.S. Virgin Islands.
(a) Location. A moving and fixed security zone is established that
surrounds all cruise ships entering, departing, mooring or anchoring in
the Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The
security zone extends from the cruise ship outward and forms a 50-yard
radius around the vessel, from surface to bottom. The security zone for
a cruise ship entering port is activated when the vessel is within one
nautical mile west of the Fredericksted Pier lights. The security zone
for a vessel is deactivated when the cruise ship is beyond one nautical
mile west of the Fredericksted Pier lights. The Fredericksted Pier
lights are at the following coordinates: 17[deg]42'49'' N,
64[deg]53'19'' W. All coordinates are North American Datum 1983 (NAD
1983).
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part,
[[Page 22257]]
entering, anchoring, mooring, or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port San
Juan or their designated representative.
(2) Persons desiring to transit through a security zone may contact
the Captain of the Port San Juan who can be reached on VHF Marine Band
Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2041, 24-hours-a-
day, 7-days-a-week. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or
designated representative.
(3) Sector 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.
Sec. 165.T07-05-005 [Removed]
0
3. Remove Sec. 165.T07-05-005.
Dated: April 6, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-8539 Filed 4-28-05; 8:45 am]
BILLING CODE 4910-15-P
