Rule2025-23685
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
Primary source
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Published
December 23, 2025
Effective
January 1, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone in the vicinity of the waters off the Cyril E. King Airport in St. Thomas, USVI. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by the proximity of low flying aircrafts. 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 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 59976-59977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23685]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1110]
RIN 1625-AA00
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
vicinity of the waters off the Cyril E. King Airport in St. Thomas,
USVI. This action is necessary to protect personnel, vessels, and the
marine environment from potential hazards created by the proximity of
low flying aircrafts. 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 from January 1, 2026, through March 31,
2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1110.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact 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#a1f3c0c2c9c4cd8fe48ff5c9ceccc0d2e1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="a3f1c2c0cbc6cf8de68df7cbcccec2d0e3d6d0c0c48dcecacf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
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. Later
in October 2025 we promulgated a temporary interim rule to keep the
zone open until December 31, 2025.\2\ We are now implementing another
temporary safety zone until March 31, 2026, to provide an opportunity
for comment before we establish a permanent safety zone. The Captain of
the Port (COTP) San Juan has determined that potential hazards
associated low flying aircrafts to vessels in the vicinity of the
waters off the Cyril E. King Airport in St. Thomas, USVI includes wake
turbulence, collision risk, restricted visibility, and emergency
maneuvers. Therefore, the COTP is issuing this rule under the authority
in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone.
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\1\ 90 FR 41301.
\2\ 90 FR 52565.
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The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this temporary rule because there is
an immediate need to mitigate the risk of vessels transiting between
private port authority managed yellow buoys and the end of the St.
Thomas Cyril E. King runway due to the proximity to 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 and contrary to the public interest to publish an NPRM
because we must establish this safety zone by January 1, 2026.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a temporary safety zone for navigable waters
west of the Cyril E. King Airport in St. Thomas, U.S. Virgin Islands.
This temporary rule is effective through March 31, 2026, 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. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. No vessel or
person will be permitted to enter the
[[Page 59977]]
safety zone without obtaining permission from the COTP or their
designated representative.
IV. 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
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
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 is a safety zone. 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. See the Record of
Environmental Consideration supporting this determination is available
in the docket under USCG-2025-1105.
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.T07-1110 to read as follows:
Sec. 165.T07-1110 Safety Zone; West of Cyril E. King Airport, St.
Thomas, VI.
(a) Location. The following area is a safety zone: 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 Sa Juan (COTP) 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.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on January 1, 2026, through 11:59 p.m. on March 31, 2026.
Luis J. Rodr[iacute]guez,
Captain, U.S. Coast Guard, Captain of the Port Sector San Juan.
[FR Doc. 2025-23685 Filed 12-22-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 23, 2025.
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