[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31083-31086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12274]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in the 
Port of San Juan, Puerto Rico for OPSAIL 2000 activities from 17 May 
through 29 May 2000. The Coast Guard is establishing 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: This rule becomes effective at 9 p.m. Atlantic Standard Time 
(AST) on May 17, 2000, and terminates at 6 p.m. AST on May 29, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of the docket CGD707-00-014 and are available for inspection 
or copying at the U.S. Coast Guard 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.

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) (65 FR 2095), and on March 29, 2000 we published a 
notice of proposed rulemaking (NPRM) in the Federal Register (65 FR 
16554) titled OPSAIL 2000, Port of San Juan, PR. We received no 
comments during the comment period for the ANPRM and two comments 
during the comment period for the NPRM. No public hearing was requested 
and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard certifies that good cause 
exists from making these regulations effective less than 30 days after 
Federal Register publication. There was not sufficient time remaining 
for a full 30-day delayed effective date after the comment period for 
the ANPRM and NPRM. Furthermore, the event is very highly publicized.

Background and Purpose

    These 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 17 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 regulated areas will be enforced at various 
times throughout the official Opsail 2000 event from May 17-29, 2000.

Discussion of Rule

    These 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 9 p.m. on Friday, May 17 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 Monday, 
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.
    These regulations establish multiple limited access areas and 
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 rulemaking is necessary to ensure the safety of life on the 
navigable waters of the United States.

Discussion of Comments and Changes

    The Coast Guard received two comments during the comment period. 
Both comments requested that the beginning of the enforcement periods 
on May 29, 2000, be changed from 7 a.m. to 9 a.m. and 10 a.m. 
respectively, so commercial vessels can be moved through the harbor 
prior to the regulations taking effect. The Coast Guard decided not to 
change the time of the regulations but advised that the regulations as 
written permit vessels to move through the regulated areas with the 
permission of the Patrol Commander. Moreover, the Coast Guard plans to 
meet again with commercial maritime interests to coordinate requested 
harbor transits prior to and during the early stages of the port 
closure.

[[Page 31084]]

Regulated Areas

    Three regulated areas will be established in the Port of San Juan. 
These three 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 17 May to 29 May 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. 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 navigable channels within San Juan Bay 
and their adjacent piers 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 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. No vessel will 
be permitted to transit the Bar Channel to enter or depart San Juan Bay 
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. 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

    These regulations also 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 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 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.
    The following temporary anchorage regulations will be enforced, in 
addition to the existing anchorage regulations at 33 CFR 110.240, 
between 19 May and 29 May, 2000:
    Anchorage ``El Morro'' (M)--Official Vessel Anchorage--Anchorage 
Permit Required. Temporary Anchorage M is a triangular area bounded by 
a line starting at 18-28.0N, 066-07.5W then southeast to 18-27.92N, 
066-07.21w, then south to 18-27.65N, 066-07.15W, then to the starting 
point.
    Anchorage ``Catano'' (C)--Spectator Anchorage--No Permit Required. 
Temporary anchorage area C is rectangular area near Catano bounded by a 
line starting at 18-27N, 066-07W, then south to 18-26.7N, 066-07W, then 
west to 18-26.7N, 066-07.55W, then north to 18-27N, 066-07.55W, then 
east to the starting point.

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). 
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 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 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 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.

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 rule so that they can better evaluate 
its effects on them and

[[Page 31085]]

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 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 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 rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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 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 
determined under figure 2-1, paragraph 34 (f and h), of Commandant 
Instruction M16475.lC; that this rule is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination is available in the docket where indicated under 
ADDRESSES. By controlling vessel traffic during the event, this 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 amends 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 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 18-27.58N, 066-06.33W.
    (ii) Enforcement Period. Paragraph (a)(1)(i) of this section is 
enforced from 9 p.m. to 9:30 p.m. daily from May 17, 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 18-28.5N, 066-
08.4W; then north to the Three Nautical Mile line at 18-31.5N, 066-
08.4W; then east to a point north of Boca de Congrejos at 18-31.5N, 
066-00.0W, then south to the twenty fathom line just north of Boca de 
Congrejos at 18-28.5N, 066-00.0W, 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) Paragraph (a)(4)(i) of this section is enforced from 7 a.m. to 
6 p.m. on 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 9 p.m. on 
May 17, 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 9 p.m. on May 17, 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 bounded by a line 
starting at 18-28.0N, 066-07.5W then southeast to 18-27.92N, 066-
07.21w, then south to 18-27.65N, 066-07.15W, then to the starting 
point.
    (4) Temporary Anchorage (C). is rectangular area near Catano 
bounded by a line starting at 18-27N, 066-07W, then south to 18-26.7N, 
066-07W, then west to 18-26.7N, 066-07.55W, then north to 18-27N, 066-
07.55W, 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 when it is 
navigating or at anchor in this area.

[[Page 31086]]

    (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: May 8, 2000.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-12274 Filed 5-12-00; 8:45 am]
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