[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Proposed Rules]
[Pages 16554-16557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7646]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110

[CGD07-00-014]
RIN 2115-AE46, AA98


OPSAIL 2000, Port of San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Port of San Juan, Puerto Rico for OPSAIL 2000 activities from May 
19 through May 29, 2000. The Coast Guard proposes to establish 
temporary limited access areas and Special Local Regulations to control 
vessel traffic within the Port of San Juan during this event. This 
action is necessary to provide for the safety of life on navigable 
waters during OPSAIL 2000. This action will restrict vessel traffic in 
portions of the Port of San Juan during specific time periods.

DATES: Comments and related material must reach the Coast Guard on or 
before April 28, 2000.

ADDRESSES: Comments and related material may be mailed to the U.S. 
Coast Guard Marine Safety Office San Juan, PO Box 71526, San Juan, 
Puerto Rico 00936-8626, or may be delivered to Marine Safety Office San 
Juan Puerto Rico, between the hours of 7 a.m. and 3:30 p.m., Monday 
through Friday, except Federal holidays. Marine Safety Office San Juan 
Puerto Rico is located in the Rodriguez & Del Valle Building, 4th 
Floor, Calle San Martin, Carr #2 km 4.9, Guaynabo, Puerto Rico 00968. 
Marine Safety Office, San Juan, Puerto Rico maintains the public docket 
for this rulemaking. Comments, and documents as indicated in this 
preamble, will become part of this docket and will be available for 
inspection or copying at the Coast Guard Marine Safety Office San Juan, 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Le Fevers, 
U.S. Coast Guard Marine Safety Office, San Juan at (787) 706-2440, 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 13, 2000, we published an advanced notice of proposed 
rulemaking (ANRPM) in the Federal Register (65 FR 2095) entitled OPSAIL 
2000, Port of San Juan, PR. We received no comments on our anticipated 
rulemaking. No public hearing was requested and none was held.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Please 
explain your reasons for each comment so that we can carefully weigh 
the consequences and impacts of any future requirements we may propose. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD07-00-014) and the specific section of 
this document to which each comment applies. Please submit two copies 
of all comments and attachments in English and in an unbound format, no 
larger than 8\1/2\ by

[[Page 16555]]

11 inches, suitable for copying and electronic filing. Persons wanting 
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. The Coast Guard may change 
this proposed rule in view of comments received. The comment period for 
this regulation is 30 days. This time period is adequate to allow local 
input because we previously published a ANPRM, no comments were 
received, the event is highly publicized, and the shortened comment 
period will allow the full 30 day publication requirement prior to the 
final rule becoming effective. Copies of this proposal will also be 
placed in the local notice to mariners.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the U.S. Coast Guard Marine Safety 
Office at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    These proposed temporary regulations are for OPSAIL 2000 events in 
the Port of San Juan, in San Juan, Puerto Rico. These events will be 
held from May 19 through May 29, 2000, and the Coast Guard estimates 
many spectator craft and commercial vessels will be in the area during 
that period. This rule is proposed to provide for the safety of life on 
navigable waters and to promote maritime safety and protect 
participants and the Port of San Juan during this event. The 
restrictions stated for the proposed regulated areas will be enforced 
at various times throughout the OPSAIL 2000 event from May 19-29, 2000.

Discussion of Proposed Rule

    The proposed regulations create temporary anchorage regulations and 
vessel movement controls. Special local regulations will be in effect 
for San Juan Bay including the waterways and adjacent piers along the 
Bar Channel, Anegado Channel, San Antonio Channel, Graving Dock 
Channel, Army Terminal Channel and Puerto Nuevo Channel for the period 
beginning at 6 a.m. on Friday, May 19 and ending at 6 p.m. on Monday, 
May 29. The safety of parade participants and spectators will require 
that spectator craft including, but not limited to, jet skis and sail 
boards be kept at a safe distance from participating tall ships while 
the vessels are in the harbor, whether moving, anchored, or tied up at 
their respective piers. The Bar Channel will be closed to inbound and 
outbound traffic to San Juan Harbor from 7 a.m. to 6 p.m. on Thursday, 
May 29 during the Parade of Sail. No vessel will be permitted to 
transit the entrance channel during that time without permission from 
the Captain of the Port. This is required to ensure the safety of Tall 
Ships during the Parade of Sail event. Vessel movements inside the Port 
of San Juan will be prohibited from 7 a.m. to 12 p.m. on May 29, 2000, 
except Tall Ships departing for the Parade of Sail, Law Enforcement 
Patrol vessels, and the Puerto Rico Ports Authority ferries. This is 
required to ensure the safety of participating Tall Ships as they queue 
up to depart San Juan Bay during the Parade of Sail. The San Juan 
Harbor entrance must be kept clear to ensure safety of participant 
vessels. Normal commercial vessel operations will resume within the 
harbor from noon to 6 p.m., and through the harbor entrance after all 
participant vessels have cleared the harbor.
    The Coast Guard proposes to establish multiple limited access areas 
and to temporarily modify existing anchorage areas within the port area 
to provide for maximum spectator viewing areas and traffic patterns for 
deep draft and barge traffic.
    The Parade of Sail route will extend from the EL MORRO Fortress, 
coastwise to Boca de Cangrejos Inlet where participants will turn to 
the west, set sail, and return to EL MORRO. The safety of parade 
participants and spectators will require that spectator craft including 
jet skis and sail boards be kept at a minimum of 300 yards from parade 
vessels while the vessels are in the parade route.
    The vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life. 
This proposed rulemaking is necessary to ensure the safety of life on 
the navigable waters of the United States.

Regulated Areas

    The Coast Guard proposes to establish four regulated areas in the 
vicinity of the Port of San Juan. These proposed regulated areas are 
needed to protect the maritime public and participating vessels from 
possible hazards to navigation associated with the large number of 
participant and spectator craft transiting the waters of the Port of 
San Juan, Puerto Rico.
    Regulated Area A is in the proximity of the fireworks launch area 
at the point of Isla Grande. This regulated area will be in effect from 
9 P.M. to 9:30 P.M. daily from May 19 to May 29, 2000. An area within a 
300-yard radius around the point of Isla Grande will be kept clear for 
the duration of the fireworks display. Any vessel traffic movements 
through the regulated area will be coordinated by the Patrol Commander 
to avoid conflict with the daily fireworks.
    Regulated Area B covers all San Juan Harbor from 7 a.m. until 12 
noon on Monday, May 29, 2000. No vessels other than OPSAIL 2000 
vessels, their assisting tugs, and enforcement vessels, may enter or 
navigate within the boundaries of the Port of San Juan unless 
specifically authorized by the Coast Guard Captain of the Port, San 
Juan, or his on-scene representative. The operation of seaplanes, 
including taxiing, landing, and taking off, is prohibited without prior 
written authorization from the Captain of the Port. The Catano Ferry 
will be authorized to continue to operate on its established route 
during this time. This regulated area is necessary to ensure maritime 
safety and protect the boating public and the participating Tall Ships 
as the Tall Ships form up in order during the Outbound Parade of Sail.
    Regulated Area C comprises the Parade of Sail route. The Parade of 
Sail route will encompass an area starting at the Northeast point of 
Isla Las Cabras extending north to the Three Nautical Mile line then 
east to a point north of Boca de Congrejos then south to the twenty 
fathom line just north of Boca de Congrejos, then west to the Northeast 
point of Isla Las Cabras. A line of anchored official yachts will mark 
the southern portion of this parade of sail route. The safety of parade 
participants and spectators will require that spectator craft including 
jet skis and sail boards be kept at a minimum of 300 yards from parade 
vessels while the vessels are in the parade route.
    Regulated Area D comprises Bar Channel, the entrance to San Juan 
Harbor. No vessel will be permitted to transit the Bar Channel to enter 
or depart San Juan Harbor from 7 a.m. to 6 p.m. on Monday, May 29, 2000 
without the consent of the Captain of the Port or his on-scene 
representative.

Anchorage Regulations

    The Coast Guard also proposes to establish temporary Anchorage 
Regulations for participating OPSAIL 2000 vessels and spectator craft. 
The Anchorage Grounds are needed to provide viewing areas for spectator 
vessels while maintaining a clear parade route for the participating 
OPSAIL vessels and to protect boaters and

[[Page 16556]]

spectator vessels. Rule 9 of the International Navigation Rules will be 
enforced. No vessel may anchor in any channel or otherwise impede the 
passage of a vessel, which can safely navigate only within a narrow 
channel or fairway. The Catano Ferry will be authorized to continue to 
operate on its established route at all times. Spectator vessels will 
not anchor within 100 yards of the Catano Ferry route. The Catano Ferry 
route is defined by a line from the Catano Ferry pier at Punta Catano 
to pier two.
    In addition to the existing anchorage regulations at 33 CFR 110.240 
the following temporary anchorage regulations will be enforced between 
May 19 and May 29, 2000:
    Anchorage ``M''--Official Vessel Anchorage--Anchorage Permit 
Required. Temporary Anchorage M is a triangular area near EL MORRO 
bounded by a line starting at 18 deg.28'0"N, 066 deg.07.5'W then 
southeast to 18 deg.27.92'N, 066 deg.07.21'W, then south to 
18 deg.27.65'N, 066 deg.07.15'W, then to the starting point.
    Anchorage ``C''--Spectator Anchorage--No Permit Required. Temporary 
anchorage area C is rectangular area near Catano bounded by a line 
starting at 18 deg.27'N, 066 deg.07'W, then south to 18 deg.26'7"N, 
066 deg.07'W, then west to 18 deg.26'7"N, 066 deg.07'55"W, then north 
to 18 deg.27'N, 066 deg.07'55"W, then east to the starting point.

Regulatory Evaluation

    This proposed 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). We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. 
Although the Coast Guard anticipates restricting traffic in San Juan 
Harbor on Monday, May 29, 2000 during the events, the effect of this 
regulation will not be significant for the following reasons: the 
limited duration that the regulated areas will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Federal Register, the Local Notice to Mariners, 
facsimile, the internet, marine information broadcasts, maritime 
association meetings, and San Juan area newspapers, so mariners can 
adjust their plans accordingly. Based upon the Coast Guard's 
experiences learned from previous events of a similar magnitude, these 
proposed regulations have been narrowly tailored to impose the least 
impact on maritime interests yet provide the level of safety deemed 
necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
must consider whether this proposed rule would have a significant 
economic impact on a substantial number of small entities. ''Small 
entities'' include 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. For the reasons discussed in the Regulatory Evaluation section 
above, 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.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in portions of San Juan Harbor during 
May 29, 2000. These regulations would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Before the effective period, the Coast Guard would make 
notifications to the public via mailings, facsimiles, the Local Notice 
to Mariners and use of the sponsors Internet site. In addition, the 
sponsoring organization, OPSAIL Inc., is planning to publish 
information of the event in local newspapers, pamphlets, and television 
and radio broadcasts. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
rule would have a significant economic impact on it, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and how 
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If you 
are a small entity and believe the rule would affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the Coast Guard point of contact designated in the FOR FURTHER 
INFORMATION CONTACT section.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13132 and has 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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

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

Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 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 risk to safety that 
may disproportionately affect children.

Environment

    We considered the environmental impact of this action and have 
initially determined under figure 2-1, paragraph 34 (f and h), of 
Commandant Instruction M16475.1C; that this proposed rule will be 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES. By

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controlling vessel traffic during the event, this proposed rule is 
intended to minimize environmental impacts from increased vessel 
traffic during the parade of sail.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.
    In consideration of the foregoing, the Coast Guard proposes to 
amend 33 CFR parts 100, and 110 as follows:

PART 100--[AMENDED]

    1. The authority for Part 100 continues to read as follows:


    Authority: 33 U.S.C. 1233, 49 CFR 1.46, and 33 CFR 100.35.
    2. Temporary Sec. 100.35T-07-014 is added to read as follows:


Sec. 100.35T-07-014  OPSAIL 2000, Port of San Juan, Puerto Rico.

    (a) Regulated Areas:
    (1) Area A, fireworks exclusion area.
    (i) Location. All waters within a 300 yard radius around the point 
of Isla Grande in position 18 deg.27.58'N, 066 deg.06.33'W.
    (ii) Enforcement Period. Paragraph (a)(1)(i) of this section is 
enforced from 9 p.m. to 9:30 p.m. daily from May 19, 2000 until May 29, 
2000.
    (2) Regulated Area B, San Juan Harbor.
    (i) Location. All waters within San Juan Harbor.
    (ii) Enforcement Period. Paragraph (a)(2)(i) of this section is 
enforced from 7 a.m. May 29, 2000 until 12 noon on May 29, 2000.
    (3) Regulated Area C, parade area.
    (i) Location. The Parade of Sail route will encompass an area 
starting at the Northeast point of Isla Las Cabras at 18 deg.28.5'N, 
066 deg.08.4'W; then north to the Three Nautical Mile line at 
18 deg.31.5'N, 066 deg.08.4'W; then east to a point north of Boca de 
Congrejos at 18 deg.31.5'N, 066 deg.00.0'W, then south to the twenty 
fathom line just north of Boca de Congrejos at 18 deg.28.5'N, 
066 deg.00.0'W, then west to the starting point. All coordinates 
reference Datum NAD:83.
    (ii) Enforcement Period. Paragraph (a)(3)(i) of this section is 
enforced from 7 a.m. May 29, 2000 until 6 p.m. May 29, 2000.
    (4) Regulated Area D, Bar Channel.
    (i) Location. Bar Channel, San Juan Harbor.
    (ii) Enforcement Period. Paragraph (a)(4)(i) of this section is 
enforced from 7 a.m. May 29, 2000 until 6 p.m. May 29, 2000.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commander, Coast Guard Greater Antilles Section.
    (c) Special Local Regulations.
    (1) Entry into the regulated areas described in paragraph (a)(1), 
(a)(3) and (a)(4) of this section during enforcement periods is 
prohibited, unless otherwise authorized by the Patrol Commander.
    (2) Entry into and movement by vessels already within the regulated 
area described in paragraph (a)(2) of this section will be prohibited 
from 7 a.m. to 12 p.m. on May 29, 2000, except for Tall Ships departing 
for the Parade of Sail, Law Enforcement Patrol vessels, and the Puerto 
Rico Ports Authority ferries.
    (d) Effective period. This section becomes effective at 6 a.m. on 
May 19, 2000 and terminates at 6 p.m. on May 29, 2000.

PART 110--[AMENDED]

    3. The authority for Part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 49 CFR 1.46, and 33 CFR 1.05-1(g).

    4. In Sec. 110.240, from 6 a.m. on May 19, 2000 through 6 p.m. on 
May 29, 2000, temporary new paragraphs (a)(3) and (a)(4) and (b)(3) and 
(b)(4) are added to read as follows:


Sec. 110.240  San Juan Harbor, P.R.

    (a) * * *
    (3) Temporary Anchorage M. A triangular area near El Morro bounded 
by a line starting at 18 deg.28.0'N, 066 deg.07.5'W then southeast to 
18 deg.27.92'N, 066 deg.07.21'W, then south to 18 deg.27.65'N, 
066 deg.07.15'W, then to the starting point.
    (4) Temporary Anchorage C. A rectangular area near Catano bounded 
by a line starting at 18 deg.27'N, 066 deg.07'W, then south to 
18 deg.26'7"N, 066 deg.07'W, then west to 18 deg.26'7"N, 
066 deg.07'55"W, then north to 18 deg.27'N, 066 deg.07'55"W, then east 
to the starting point.
    (b) * * *
    (3)(i) Anchorage M is for Official Vessels and an Anchorage Permit 
from the Opsail 2000 organizers is required.
    (ii) No vessel other than OPSAIL 2000 vessels and enforcement 
vessels may anchor, loiter, or approach any OPSAIL vessel navigating or 
at anchor in this area.
    (iii) Mariners are cautioned that anchorage area M has not been 
subject to any special survey or inspection and that charts may not 
show all seabed obstructions or the shallowest depths. Vessels must 
display anchor lights as required by the navigation rules.
    (4)(i) Anchorage C is a Spectator Anchorage and no permit is 
required.
    (ii) Mariners are cautioned that anchorage area C has not been 
subject to any special survey or inspection and that charts may not 
show all seabed obstructions or the shallowest depths. Vessels must 
display anchor lights as required by the navigation rules.

    Dated: March 21, 2000.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-7646 Filed 3-28-00; 8:45 am]
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