[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Rules and Regulations]
[Pages 23163-23165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11559]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-01-036]
RIN 2115--AA97


Security Zone; Vicinity of Atlantic Fleet Weapons Training 
Facility, Vieques, PR and Adjacent Territorial Sea

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: At the request of the U.S. Navy, the Coast Guard is 
establishing an additional temporary security zone covering the area of 
territorial sea and land adjacent to the bombing and gunnery range 
(Impact Area) at the naval installation on the eastern end of Vieques 
Island, Puerto Rico. The security zone is needed to protect the bombing 
and gunnery range, and adjacent land and waters at the Navy's Atlantic 
Fleet Weapons Training Facility on Vieques Island, PR, to ensure 
against destruction, injury, or loss of uninterrupted use. This rule 
effectively extends the duration of the rule published on May 3, 2001. 
Only authorized vessels are permitted to enter or remain within the 
security zone.

DATES: This rule is effective from 11:59 p.m., April 30, 2001 until 
11:59 p.m. May 1, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD07-01-036] and are available for 
inspection or copying at the Seventh Coast Guard District office, 909 
S.E. First Avenue, Room 918, Miami, FL, 33131, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Brian DeVries at (305) 415-6950.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In order to protect the interests of national security, and in 
accordance with the Presidential Directive of January 31, 2000, the 
President has directed the conduct of Navy Training at the Atlantic 
Fleet Weapons Training Facility on Vieques Island, PR. Immediate action 
is needed to ensure the uninterrupted use by the U.S. Navy

[[Page 23164]]

of the Training Facility on Vieques, including the adjacent land and 
waters, and to protect that facility from destruction or injury. The 
Coast Guard is promulgating the security zone regulations to prevent 
interference with the conduct of the Navy's exercises for the duration 
of the security zone. As a result, the enforcement of the security zone 
is a function directly involved in, and necessary to, the Navy training 
exercise. Accordingly, based on the military function exception set 
forth in the Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice 
and comment rule-making and advance publication, pursuant to 5 U.S.C. 
553(b) and (d), are not required for this regulation.
    Even if the requirements of 5 U.S.C. 553 would otherwise be 
applicable, the Coast Guard for good cause finds that, under 5 U.S.C. 
553(b)(B) and (d)(3), notice and public comment on the rule before the 
effective date of the rule and advance publication are impracticable 
and contrary to the public interest. There is an imminent need to use 
the naval installation bombing and gunnery range and the adjacent 
waters for ongoing scheduled exercises by the Navy which further the 
national security interests of the United States. Opportunity for 
notice and public comment or advance publication of the zone was 
impracticable since the Navy did not request the establishment of the 
zone until 30 April 2001. This regulation is geographically and 
temporally tailored to meet the needs of national security with a 
minimal burden on the public.

Background and Purpose

    The Atlantic Fleet Weapons Training Facility is located on the 
eastern end of Vieques Island, PR. Use of this naval installation is 
important to achieving acceptable levels of military readiness in 
accordance with established training standards and requires training 
exercises conducted with inert ordnance. Such training exercises cannot 
be safely or effectively conducted if there are unauthorized persons 
inside the training areas or if the installation is damaged or 
personnel are injured. The U.S. Army Corps of Engineers has established 
a danger zone in the vicinity of the bombing and gunnery target area, 
33 CFR 334.1470, that is in effect during these training exercises. The 
Army Corps has also established a restricted area off the coast of the 
naval facility, 33 CFR 334.1480.
    In order to further the interests of national security, and in 
accordance with the Presidential directive of January 31, 2000, the 
President has directed the conduct of Navy Training at the Atlantic 
Fleet Weapons Training Facility on Vieques Island, Puerto Rico. During 
the current exercises, the restricted area and danger zone have not 
provided the degree of security required for the naval facility. These 
operations cannot be conducted if unauthorized personnel or vessels are 
present inside the security zone. Therefore, to ensure against the 
destruction, injury or loss of uninterrupted use of the naval 
installation at Vieques, including the adjacent land and waters, the 
Coast Guard is establishing this security zone, which effectively 
extends the duration of the rule published on May 3, 2001 (66 FR 
22121).
    The Coast Guard previously established a similar security zone (65 
FR 25489) around the Atlantic Fleet Weapons Training Facility, Vieques, 
PR. Based on the Coast Guard's experience implementing that security 
zone and discussions with the U.S. Navy, the coordinates of the 
security zone being implemented by this regulation have been slightly 
modified. The coordinates of the security zone being implemented by 
this regulation have been altered so that the zone no longer 
encompasses commonly used transit paths between Vieques, PR and 
traditional fishing areas.
    This security zone is established pursuant to the authority of 
subpart D of Part 165 of Title 33 of the Code of Federal Regulations 
and the Magnuson Act regulations promulgated by the President under 50 
U.S.C. 191, including subparts 6.01 and 6.04 of part 6 of Title 33 of 
the Code of Federal Regulations. See Executive Order 10173, as amended. 
The security zone is needed to protect the bombing and gunnery range, 
and the adjacent facilities and water, at Vieques Island, PR against 
destruction, injury, or loss of uninterrupted use. Pursuant to this 
regulation, no vessel or person will be allowed to enter or remain in 
the security zone unless specifically authorized to do so by the 
District Commander or his designated representatives. The District 
Commander or his designated representatives may grant permission for a 
vessel to enter or remain within the security zone when operations 
permit and may condition that permission as appropriate. As operations 
permit, all efforts will be made to honor any requests to enter.
    Vessels or persons violating this section are subject to the 
penalties set forth in 50 U.S.C. 192 and 18 U.S.C. 3571: seizure and 
forfeiture of the vessel, a monetary penalty of not more than $250,000, 
and imprisonment for not more than 10 years.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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).
    Although the security zone covers an area out to three miles from 
shore, the zone will be in effect for a limited amount of time. The 
vessel traffic in the area normally consists of a small number of 
commercial fishing vessels and other vessels transiting the area. These 
vessels are not allowed to enter or transit the zone during these 
training exercises under existing Army Corps of Engineer regulations 
(33 CFR 334.1470 and 33 CFR 334.1480). These vessels can redirect their 
transit around the zone with only minor delays in time and distance.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in the vicinity of the Naval installation at Vieques, 
PR and fishing vessels which normally fish the area. These vessels are 
not allowed to enter or transit the zone during these training 
exercises under existing Army Corps of Engineer regulations (33 CFR 
334.1470 and 334.1480). This security zone will not have a significant 
economic impact on a substantial number of these small entities. 
Although the security zone will cover an area out to three miles from 
shore, the zone will be in effect only for a limited amount of time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-

[[Page 23165]]

121), we will assist small entities in understanding this rule and how 
it affects them. Small entities may call the person identified in FOR 
FURTHER INFORMATION CONTACT.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard anticipates this temporary rule will be 
categorically excluded from further environmental documentation under 
figure 2-1, paragraph 34(g) of Commandant Instruction M16475.lC. This 
temporary rule only ensures the protection of Naval assets and the 
uninterrupted use of the area for scheduled Naval operations. Standard 
Coast Guard manatee and turtle watch measures will be in effect during 
Coast Guard patrols of the security zone. Deep-water routes will be 
used where practical. Lookouts will be posted to avoid collision with 
turtles and manatees. If a collision occurs, notification will be made 
to the U.S. Fish & Wildlife Service at Boqueron, Puerto Rico (787-851-
7297).

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


    Temporary regulation: 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, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-036 is added to read as follows:


Sec. 165.T07-036  Security Zone; Vieques Island, PR.

    (a) Location. The following area is established as a Security Zone: 
An area of water and land measured from the mean high water line off 
the naval reservation, along the east end of Vieques Island extending 
from Cabellos Colorados (18 deg.-09.82' N, 065 deg.-23.45' W) due 
northeast 4 nautical miles to position 18 deg.-12.0' N, 065 deg.-20.0' 
W, then easterly around Vieques Island, remaining 3 nautical miles from 
the coast, to a point 3 nautical miles south of Cayo Jalovita (18 deg.-
06.83' N, 065 deg.-21.25' W ) at 18 deg.-03.6' N, 065 deg. 20.33' W 
then northwest to a baseline position of 18 deg.-05.42' N, 065 deg.-
26.0' W at Puerto Mosquito, including the rocks, cays, and small 
islands within.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part:
    (i) No person or vessel may enter or remain in this zone without 
the permission of the District Commander or designated representatives,
    (ii) All persons within this zone shall obey any direction or order 
of the District Commander or designated representatives,
    (iii) The District Commander or designated representatives may take 
possession and control of any vessel in this zone,
    (iv) The District Commander or designated representatives may 
remove any person, vessel, article or thing from this zone,
    (v) No person may board, or take or place any article or thing on 
board, any vessel in this zone without the permission of the District 
Commander or designated representatives; and,
    (vi) No person may take or place any article or thing upon any 
waterfront facility in this security zone without the permission of the 
District Commander or designated representatives.
    (2) The District Commander or designated representatives may grant 
permission for individual vessels to enter or remain within this 
security zone when permitted by operational conditions and may place 
conditions upon that permission. Vessels permitted to enter or remain 
in this zone must radio the patrol commander upon entering and 
departing the zone.
    (c) Enforcement. Vessels or persons violating this section are 
subject to the penalties set out in 50 U.S.C. 192 and 18 U.S.C. 3571:
    (1) Seizure and forfeiture of the vessel;
    (2) A monetary penalty of not more than $250,000; and
    (3) Imprisonment for not more than 10 years.
    (d) Dates. This section is effective from 11:59 p.m. April 30, 2001 
until 11:59 p.m. May 1, 2001.
    (e) Authority. In addition to the authority in part 165, this 
section is also authorized under authority of Executive Order 10173, as 
amended.

    Dated: April 30, 2001.
Thad. W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Gurad 
District.
[FR Doc. 01-11559 Filed 5-7-01; 8:45 am]
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