Rule2026-09040
Safety Zone; West of Cyril E. King Airport, St. Thomas, VI
Primary source
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Published
May 7, 2026
Effective
June 8, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for certain navigable waters west of Cyril E. King Airport in St. Thomas, U.S. Virgin Islands (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 rulemaking prohibits entry of vessels or persons into this safety zone unless specifically authorized by the Captain of the Port, Sector San Juan or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Rules and Regulations]
[Pages 24726-24728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09040]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for certain
navigable waters west of Cyril E. King Airport in St. Thomas, U.S.
Virgin Islands (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
rulemaking prohibits entry of vessels or persons into this safety zone
unless specifically authorized by the Captain of the Port, Sector San
Juan or their designated representative.
DATES: This rule is effective June 8, 2026.
ADDRESSES: To 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 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#752714161d10195b305b211d1a18140635000616125b181c19"><span class="__cf_email__" data-cfemail="f5a794969d9099dbb0dba19d9a989486b580869692db989c99">[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
[[Page 24727]]
II. Background and Authority
On January 7, 2026, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled. Safety Zone; West of Cyril E. King Airport,
St. Thomas, VI.\1\ In that NPRM, we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
safety zone, the comment period ended on February 6, 2026. We received
one comment.
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\1\ (91 FR 490).
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Under the authority in 46 U.S.C. 70034, the Captain of the Port
(COTP) has determined that this rule is necessary to protect personnel,
vessels, and the marine environment from potential hazards associated
with the safety zone. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or their
designated representative.
III. Discussion of Comments, Changes, and the Rule
During the comment period that ended on February 6, 2026, we
received one comment. The commenter noted the proposed regulatory text
only included two GPS coordinates and recommended that the safety zone
be defined as a closed polygon with four coordinates. The Coast Guard
agrees. In response to this comment, and a desire for better accuracy
of the expanse of the zone, we have changed the regulatory text from
only having 2 coordinate points to 4 coordinate points completely
enclosing the area that will be a safety zone. We have not extended or
altered the safety zone but are only marking its bounds more clearly
for the public. No other changes were made.
This rule establishes a safety zone 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 because of their proximity to the low flying aircrafts. The
safety zone would cover all navigable waters directly west of the
airport's runway end. 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 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 (RFA), 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 that, although some small entities may
intend to transit the safety zone above, this rule will not have a
significant economic impact on a substantial number of small entities.
Vessel traffic will be able to safely transit around this safety zone.
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 zone from the COTP.
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).
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. A Record of Environmental
Consideration supporting this determination is available in the docket.
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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Under the undesignated center heading ``USCG Southeast District'',
add Sec. 165.793 to read as follows:
[[Page 24728]]
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 directly west of the end of the airport's runway from the
following coordinates located at 18[deg] 20.286' N, -64[deg] 59.0214'
W; and 18[deg] 20.1156' N, -64[deg] 59.0238' W through the two private
port authority managed yellow buoys located at 18[deg]20.288' N -
64[deg]59.343' W; 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 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. 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.
Robert E. Stiles,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector San Juan.
[FR Doc. 2026-09040 Filed 5-6-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 7, 2026.
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