DEPARTMENT OF HOMELAND SECURITY
<SUBAGY>Coast Guard</SUBAGY>
<CFR>33 CFR Part 165</CFR>
<DEPDOC>[Docket Number USCG-2025-1105]</DEPDOC>
<RIN>RIN 1625-AA00</RIN>
<SUBJECT>Safety Zone; West of Cyril E. King Airport, St. Thomas, VI</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Coast Guard, Department of Homeland Security.
<HD SOURCE="HED">ACTION:</HD>
Notice of proposed rulemaking.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
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.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
Comments and related material must be received by the Coast Guard on or before February 6, 2026.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
To submit comments and view available documents, go to
<E T="03">https://www.regulations.gov</E>
and search for USCG-2025-1105.
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
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
<E T="03">Rachel.E.Thomas@uscg.mil.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. Table of Abbreviations</HD>
<EXTRACT>
<FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
<FP SOURCE="FP-1">COTP Captain of the Port</FP>
<FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
<FP SOURCE="FP-1">FR Federal Register</FP>
<FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
<FP SOURCE="FP-1">§ Section </FP>
<FP SOURCE="FP-1">U.S.C. United States Code</FP>
</EXTRACT>
<HD SOURCE="HD1">II. Background and Authority</HD>
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.
<SU>1</SU>
<FTREF/>
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.
<SU>2</SU>
<FTREF/>
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.
<FTNT>
<SU>1</SU>
90 FR 41301.
</FTNT>
<FTNT>
<SU>2</SU>
90 FR 52565.
</FTNT>
<HD SOURCE="HD1">III. Discussion of the Rule</HD>
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°20.288′ N-64°59.343′ W and 18°20.116′ N-64°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.
<HD SOURCE="HD1">IV. Regulatory Analyses</HD>
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.
<HD SOURCE="HD2">A. Impact on Small Entities</HD>
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
<E T="02">ADDRESSES</E>
) 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
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
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).
<HD SOURCE="HD2">B. Collection of Information</HD>
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).
<HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD>
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.
<HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD>
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.
<HD SOURCE="HD2">E. Environment</HD>
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.
<HD SOURCE="HD1">V. Public Participation and Request for Comments</HD>
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.
<E T="03">Submitting comments.</E>
We encourage you to submit comments at
<E T="03">https://www.regulations.gov.</E>
To do so, go to
<E T="03">https://www.regulations.gov,</E>
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
<E T="03">https://www.regulations.gov,</E>
call or email the person in the
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section of this proposed rule for alternate instructions.
<E T="03">Viewing material in the docket.</E>
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
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