Rule2025-20563
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
Primary source
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Published
November 21, 2025
Effective
November 21, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the effective period of the current temporary safety zone to December 31, 2025. This action is necessary 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 223 (Friday, November 21, 2025)</title>
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[Federal Register Volume 90, Number 223 (Friday, November 21, 2025)]
[Rules and Regulations]
[Pages 52565-52567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20563]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0839]
RIN 1625-AA00
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is extending the effective period of the
current temporary safety zone to December 31, 2025. This action is
necessary 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:
Effective date: This rule is effective without actual notice from
November 21, 2025 through December 31, 2025. For the purposes of
enforcement, actual notice will be used from October 1, 2025, through
November 21, 2025.
Comments due date: Comments and related material must be received
by the Coast Guard on or before December 22, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0839 using the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
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#2f7d4e4c474a43016a017b4740424e5c6f5a5c4c4801424643"><span class="__cf_email__" data-cfemail="f1a3909299949ddfb4dfa5999e9c9082b184829296df9c989d">[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
On August 25, 2025, the Coast Guard established a temporary final
rule establishing a safety zone for the runway of Cyril E. King Airport
in St. Thomas, USVI.\1\ The Coast Guard originally published the
temporary final rule to be effective through September 30, 2025. We are
now extending it to December 31, 2025, to provide an opportunity for
comment before we establish a permanent safety zone.
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\1\ 90 FR 41301.
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The Coast Guard is issuing this temporary interim 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
[[Page 52566]]
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 temporary interim 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 October 1, 2025.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this temporary interim rule effective less than
30 days after publication in the Federal Register. The current
temporary final rule around the St. Thomas Cyril E. King runway ends on
September 30, 2025; however, the need for the safety zone continues.
Delaying the effective date of this temporary interim rule would be
impracticable because prompt action is needed starting on October 1,
2025, 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.
We are soliciting comments on the extension of the enforcement
period of this safety zone. Persons wishing to comment may do so by
submitting written comments to the office listed under ADDRESSES in
this preamble. Commenters should include their names and addresses,
identify the docket number for the regulation, and give reasons for
their comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim 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 temporary interim rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone.
IV. Discussion of the Rule
On August 25, 2025, the Coast Guard established a temporary safety
zone for navigable waters west of the Cyril E. King Airport in St.
Thomas, U.S. Virgin Islands. This temporary interim rule extends the
effective period through December 31, 2025, to give an opportunity for
comment before the Coast Guard establishes a permanent safety zone. The
temporary safety zone covers 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. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP 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. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. 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.
D. 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.
E. 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 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
[[Page 52567]]
on locating the docket, see the ADDRESSES section of this preamble.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at <a href="http://www.regulations.gov">www.regulations.gov</a>. To do so,
go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0839 in the search
box and click ``Search.'' Next, look for this document in the Search
Results column, and click on it. Then click on the Comment option. If
your material cannot be submitted using <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
contact the person in the FOR FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we post to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you
have provided. For more information about privacy and submissions to
the docket in response to this document, see DHS's eRulemaking System
of Records Notice (85 FR 14226, March 11, 2020).
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 office, 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.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on October 1, 2025, through 11:59 p.m. on December 31, 2025.
Dated: September 24, 2025.
Luis J. Rodr[iacute]guez,
Captain, U.S. Coast Guard, Captain of the Port Sector San Juan.
[FR Doc. 2025-20563 Filed 11-20-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 21, 2025.
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