Proposed Rule2026-00048
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
Primary source
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Published
January 7, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone for certain navigable waters west of Cyril E. King Airport in St. Thomas, USVI. The safety zone is needed 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. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector San Juan. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 4 (Wednesday, January 7, 2026)</title>
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[Federal Register Volume 91, Number 4 (Wednesday, January 7, 2026)]
[Proposed Rules]
[Pages 490-492]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00048]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1105]
RIN 1625-AA00
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone for
certain navigable waters west of Cyril E. King Airport in St. Thomas,
USVI. The safety zone is needed 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. This proposed rulemaking
would prohibit persons and vessels from being in the safety zone unless
specifically authorized by the Captain of the Port, Sector San Juan. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 6, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1105.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed 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#772516141f121b593259231f181a16043702041410591a1e1b"><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.
[[Page 491]]
Thomas, USVI.\1\ The Coast Guard originally published the temporary
final rule to be effective through September 30, 2025, then the Coast
Guard established a temporary interim rule that extended the safety
zone until December 31, 2025.\2\ This NPRM provides an opportunity for
comment before a permanent safety zone is established. Therefore, the
COTP is proposing 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. The
regulatory text we are proposing appears at the end of this document.
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\1\ 90 FR 41301.
\2\ 90 FR 52565.
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III. Discussion of the Rule
This proposed rule would establish a safety zone 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. The safety zone would 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. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or their designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Vessel traffic will be able to safely transit around this regulated
area. This regulation will only impact navigable waters within 400
yards from shore directly west of the airport's runway within the two
private port authority managed yellow buoys. In addition, the Coast
Guard will issue a Broadcast Notice to Marines via VHF FM marine
channel 16, which will allow small entities to adjust their transit
plans, and the rule allows vessels to request permission to enter the
regulated area from the COTP.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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).
B. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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.
V. 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2025-1105 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 you cannot submit your material by using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
[[Page 492]]
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 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 is
proposing to amend 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. 165.793 to read as follows:
Sec. 165.793 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 Sector San 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.
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. (1) The regulation described in paragraph (a) will
be enforced at all times.
(2) The COTP may be assisted in the patrol and enforcement of the
zone by Federal, State, and local agencies.
Luis J. Rodr[iacute]guez,
Captain, U.S. Coast Guard, Captain of the Port Sector San Juan.
[FR Doc. 2026-00048 Filed 1-6-26; 8:45 am]
BILLING CODE 9110-04-P
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