[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Rules and Regulations]
[Pages 14864-14865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6684]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-013]
RIN 2115-AA97


Safety Zone Regulations; San Juan Harbor, San Juan, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary fixed safety zone 
in a 500 yard radius surrounding the cement carrier M/V SERGO 
ZAKARIADZE which is grounded at the entrance of San Juan Harbor in 
Puerto Rico. The zone will be placed into effect and terminated at 
different times by a broadcast notice to mariners during salvage 
operations to protect vessels in the vicinity. Entry into this zone is 
prohibited, unless authorized by the Captain of the Port.

DATES: The rule becomes effective at 7 a.m. on March 1, 2000, and 
terminates at 7 a.m. on March 22, 2000

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Lefevers at Coast 
Guard Marine Safety Office San Juan, Puerto Rico, tel: (787) 706-2444.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    These regulations are needed to provide for the safety of life on 
navigable waters from hazards associated with the salvage of the vessel 
SERGO ZAKARIADZE which is grounded at the entrance to San Juan Harbor.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this rule and good cause exists for making it 
effective in less than 30 days after Federal Register publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
public safety since immediate action is needed to minimize potential 
danger to the public, as the recent offloading of cement has increased 
the danger to vessels in the area.

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. The 
Office of Management and Budget has not reviewed it 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 rule to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary. The 
safety zone will only be placed into effect for short periods when the 
salvage operations temporarily block the entrance to San Juan Harbor.

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 effect upon a substantial number of small entities. ``Small 
entities'' include small business, 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a substantial economic impact on a substantial number of small 
entities as the regulations will only be in effect for a short period 
during salvage operations in the San Juan Channel.

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in section 3(a) and 3(b)(2) of 
E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environmental

    The Coastal Guard has considered the environmental impact of this 
action and has determined under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Waterways.

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart C 
of Part 165 of title 33, Code of Federal Regulations, as follows:

[[Page 14865]]

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; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. Temporary 165.T07-013 is added to read as follows:


165.T07-013  Safety Zone; San Juan, Puerto Rico.

    (a) Regulated Area. A temporary fixed safety zone is established 
within a 500 yard radius surrounding the M/V SERGO ZAKARIADZE which is 
grounded at the entrance to San Juan Harbor in position 18 deg.28'3"N, 
066 deg.07'5"W.
    (b) Regulations. In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port.
    (c) Dates. These regulations become effective and terminate upon a 
broadcast notice to mariners issued by the Captain of the Port San Juan 
during the period from 7 a.m. on March 1, 2000, to 7 a.m. on March 22, 
2000.

    Dated: February 29, 2000.
J. Servidio,
Commander, U.S. Coast Guard, Captain of the Port, San Juan, Puerto 
Rico.
[FR Doc. 00-6684 Filed 3-17-00; 8:45 am]
BILLING CODE 4910-15-M