[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46175-46176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23373]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 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, vessels, and equipment during the construction of piers at 
Coast Guard Base San Juan from the hazards created by the wakes of 
passing vessel traffic. By establishing this temporary regulation, the 
Coast Guard expects to reduce the risk of personnel injury and property 
damage.

DATES: This rule is effective from August 10, 1998, through August 10, 
1999.

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: 

Background and Purpose

    These regulations create a temporary regulated navigation area 
requiring all vessels to operate at no-wake speed in the vicinity of 
Coast Guard Base San Juan. These regulations are necessary to provide 
for the safety of personnel, vessels, and equipment during the 
construction of several 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 on the piers and on board moored vessels.
    Heavy wakes can cause damage to property while undergoing 
construction at Coast Guard Base San Juan. Vessel hulls, cleats, 
stanchions, and gangways have been bent or parted in the past. In 
addition, electrical shore ties and fueling hoses have been pulled 
loose, creating very hazardous situations. By establishing a temporary 
no-wake speed zone in the vicinity of La Puntilla, the risks to 
personnel and property inherent to wakes will be minimized during the 
construction.
    In accordance with 5 U.S.C. 533, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days from the date of publication. 
Following normal rulemaking procedures would have been impractical. 
Construction is scheduled to begin in a few days and there was not 
sufficient time to publish proposed rules prior to the construction 
event nor to provide for a delayed effective date.

Regulatory Evaluation

    This rule 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 Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040;

[[Page 46176]]

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 rule 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 rule will 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 rule 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 
action and has determined pursuant to figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination and Environmental Analysis Checklist have been 
prepared and are available in the docket for inspection and copying.

List of Subjects in 33 CFR Part 165

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

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends 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.T07-023 to read as follows:


Sec. 165.T07-023  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 Can 
Buoy ``A'' (LLNR 30815) 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. (1) Unless otherwise authorized by the Captain of 
the Port, San Juan, Puerto Rico, all vessels operating in the regulated 
area must travel at no-wake speed. The general regulations in 
Sec. 165.13 of this part apply.
    (2) Violations of this regulated navigation area should be reported 
to the Captain of the Port, San Juan, PR.
    (c) Dates. This section is effective from August 10, 1998 through 
August 10, 1999.

    Dated: August 10, 1998.
R.C. Olsen, Jr.,
Captain U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 98-23373 Filed 8-28-98; 8:45 am]
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