[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Proposed Rules]
[Pages 33311-33312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16240]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-98-023]
RIN 2115-AE84


Regulated Navigation Area; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent regulated 
navigation area in San Juan Harbor in the vicinity of La Puntilla in 
San Juan, PR. This regulated navigation area is needed to protect 
personnel and vessels moored at Coast Guard Base San Juan from the 
hazards created by the wakes of passing vessel traffic. By establishing 
this permanent regulation, the Coast Guard expects to reduce the risk 
of personnel injury and property damage.

DATES: Comments must be received on or before August 17, 1998.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast 
Guard, Marine Safety Office, P.O. Box 9023666, San Juan, PR 00902-3666. 
Comments will become part of this docket and will be available for 
inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
LT D.R. Xirau, Assistant Chief Port Operations Department, USCG Marine 
Safety Office San Juan at (787) 729-6800, ext 320.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD07-98-023], and the specific section of 
this proposal to which each comment applies and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an 8'' X 11'' unbound format suitable for 
copying and electronic filing. If this is not practical, a second copy 
of any bound material is requested. Persons requesting acknowledgment 
of receipt of comments should enclose a stamped, self-addressed 
postcard or envelope. The Coast Guard will consider all comments 
received during the comment period. It may change this proposal in view 
of the comments received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commanding Officer, Marine Safety Office 
San Juan at the address under ADDRESSES. The request should include the 
reasons why a hearing would be beneficial. If the Coast Guard 
determines that the opportunity for oral presentations will aid this 
rulemaking, it will hold a public hearing at a time and place announced 
by a later notice in the Federal Register.

Background and Purpose

    These proposed regulations create a regulated navigation area 
requiring all vessels to maintain minimum steerageway in the vicinity 
of Coast Guard Base San Juan. These proposed regulations are necessary 
to provide for the safety of personnel and the protection of vessels 
that are moored alongside the piers at Coast Guard Base San Juan. Coast 
Guard Base San Juan is located at La Puntilla in Old San Juan, at a 
junction of major channels in the San Juan Harbor. The Coast Guard 
believes that a significant risk exists under current conditions 
because wakes cause damage to vessels and the piers, and create major 
safety hazards to personnel working onboard moored vessels.
    The vessels most affected by wakes at Base San Juan are 110-foot 
Coast Guard patrol boats and other smaller vessels. Heavy wakes have 
caused moored vessels to roll up to 15 degrees without warning. This 
places Coast Guard personnel working onboard these vessels at higher 
risk of injury due to the unexpected movement brought on by wakes. 
Moreover, while heavy equipment and supplies are being moved on a 
vessel, a sudden roll could cause the load to be dropped or the 
personnel carrying the load to lose their balance, possibly resulting 
in serious injury. There have been many ``near miss'' incidents which 
could have proven fatal if personnel had been directly involved, 
including heavy hatches secured in the open position being jarred loose 
by strong wakes and slamming shut without warning.
    Heavy wakes also cause damage to property at Coast Guard Base San 
Juan. Vessel hulls, cleats, stanchions, and gangways have been bent or 
parted. Piers have deteriorated more rapidly due to the added stresses 
of vessels affected by wakes. In addition, electrical shore ties and 
fueling hoses have been pulled loose, creating very hazardous 
situations. By establishing a minimum steerageway in the vicinity of La 
Puntilla, the risks to personnel and property inherent to wakes will be 
minimized.
    Additionally, beginning in June 1998, five Coast Guard patrol boats 
will be relocated to Coast Guard base San Juan. After this relocation, 
there will be a total of eight Coast Guard vessels permanently 
stationed in San Juan. The construction of new piers to accommodate the 
additional vessels will commence prior to the end of Fiscal Year 1998. 
These proposed regulations will also serve to minimize hazards during 
the construction, which is expected to take one year to complete.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and

[[Page 33312]]

Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary as the regulations only require 
minimum steerage way speeds and do not limit the amount of incoming and 
outgoing vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), that this proposal, if adopted, 
would not have a significant impact on a substantial number of small 
entities as there are no limits imposed on the quantity of incoming or 
outgoing vessels.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that the rulemaking does not have sufficient Federalism implication to 
warrant the preparation of a Federalism Assessment.

Environmental Analysis

    The Coast Guard has considered the environmental impact of this 
proposal and has determined pursuant to figure 2-1, paragraph (34)(g) 
of Commandant Instruction M16475.1C, that this proposal is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist will be prepared during the comment period and will be 
available for inspection and copying after the comment period for this 
proposed rulemaking has expired.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Subpart F of Part 165 of Title 33, Code of Federal Regulations, 
as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add a new Sec. 165.756 to read as follows:


Sec. 165.756   Regulated Navigation Area; San Juan Harbor, San Juan, 
Puerto Rico.

    (a) Regulated Area. The following is a Regulated Navigation Area: 
All the waters of San Juan Harbor bounded by the following geographic 
coordinates: Lighted Buoy #11 (LLNR 30805) in approximate position 18-
27.31N, 066-07.01W; east to Puerto Rico Ports Authority Pier #3 in 
approximate position 18-27.40N, 066-06.43W; south to Lighted Buoy ``A'' 
(LLNR 30845) in approximate position 18-26.55N, 066-06.26W; west to Nun 
Buoy ``A'' in approximate position 18-27.01N, 066-06.59W; and thence 
north to the point of origin. All coordinates referenced use Datum: NAD 
83.
    (b) Regulations. Unless otherwise authorized by the Captain of the 
Port, San Juan, Puerto Rico, vessels operating in the regulated area 
must travel no faster than needed for steerageway. The general 
regulations in Sec. 165.13 of this part apply.
    (c) Enforcement. Violations of this regulated navigation area 
should be reported to the Captain of the Port, San Juan, PR.

    Dated: June 5, 1998.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-16240 Filed 6-17-98; 8:45 am]
BILLING CODE 4910-15-M