Rule2025-16194
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
Primary source
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Published
August 25, 2025
Effective
August 25, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters west of the Cyril E. King Airport in St. Thomas, U.S. Virgin Islands. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the proximity of the low flying aircrafts to vessels in the vicinity of the waters off the Cyril E. King Airport in St. Thomas, USVI. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector San Juan.
Full Text
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Rules and Regulations]
[Pages 41301-41303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16194]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0578]
RIN 1625-AA00
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters west of the Cyril E. King Airport in St. Thomas, U.S.
Virgin Islands. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the proximity of the low flying aircrafts to vessels in the vicinity of
the waters off the Cyril E. King Airport in St. Thomas, USVI. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector San Juan.
DATES: This rule is effective without actual notice from August 25,
2025 through September 30, 2025. For the purposes of enforcement,
actual notice will be used from August 5, 2025, until August 25, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 41302]]
www.regulations.gov, type USCG-2025-0578 in the search box and click
``Search.'' Next, in the Document Type column, select ``Supporting &
Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Rachel E. Thomas, Sector San Juan,
Waterways Management Division Chief, Coast Guard; telephone (571) 613-
1417, email <a href="/cdn-cgi/l/email-protection#acfecdcfc4c9c082e982f8c4c3c1cddfecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="0a586b69626f66244f245e6265676b794a7f79696d24676366">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because there is an
immediate need to mitigate the risk of vessels transiting between
private port authority managed yellow buoys & the end of the St. Thomas
Cyril E. King runway because of their proximity to the low flying
aircrafts. Prompt action is needed to respond to the potential safety
hazards associated with vessels transiting in the proximity of the
runway of Cyril E. King Airport in St. Thomas, USVI. It is
impracticable to publish an NPRM because we must establish this safety
zone by August 5, 2025 or as soon as practicable after this date.
Also, 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. Delaying the effective date of
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with vessels
transiting between private port authority managed yellow buoys & the
end of the St. Thomas Cyril E. King runway and their proximity to the
low flying aircrafts.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Juan (COTP) has determined
potential hazards associated with vessels transiting between private
port authority managed yellow buoys & the end of the St. Thomas Cyril
E. King runway and their proximity to the low flying aircrafts. There
is a safety concern for any vessel transiting within approximately 400
yards from shore directly west of the airport's runway. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while a permanent solution is
being assessed by the FAA, St. Thomas airport, and Coast Guard.
IV. Discussion of the Rule
This rule establishes a safety zone from August 5, 2025, through
September 30, 2025. The safety zone will cover all navigable waters
within 400 yards from shore directly west of the airport's runway
within the two private port authority managed yellow buoys located at
18[deg]20.288' N--64[deg]59.343' W and 18[deg]20.116' N--64[deg]59.343'
W. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the risks
are assessed and solutions are proposed. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP San Juan or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on: (1) the safety of
personnel, vessels, and the marine environment from potential hazards
created by vessels transiting in the proximity of the approach to the
Cyril E. King airport's runway; (2) although vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area outside the safety zone during the
enforcement period.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 41303]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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 (adjusted for
inflation) 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within 400 yards from shore
directly west of the airport's runway within the two private port
authority managed yellow buoys. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 part 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T07-0578 to read as follows:
Sec. 165.T07-0578 Safety Zone; West of Cyril E. King Airport, St.
Thomas, VI.
(a) Location. The following area is a safety zone: All navigable
waters within 400 yards from shore directly west of the airport's
runway within the two private port authority managed yellow buoys
located at 18[deg]20.288' N-64[deg]59.343' W and 18[deg]20.116' N-
64[deg]59.343' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) San Juan in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (787) 289-2041, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP San Juan or
a designated representative. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(e) Enforcement period. This section will be enforced from August
5, 2025, through October 31, 2025.
Dated: August 5, 2025.
Robert E. Stiles,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector San Juan.
[FR Doc. 2025-16194 Filed 8-22-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 25, 2025.
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