[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45293-45294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18555]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-065]
RIN 2115-AA97


Safety Zone Regulation for San Juan Harbor, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
a 1500 foot radius surrounding the drill boat Apache while it is 
engaged in drilling or blasting operations. The drill boat will operate 
at the entrance to San Juan Harbor, Puerto Rico. The safety zone is 
necessary to protect vessels and personnel in the vicinity of the 
drilling and blasting operations. Entry into this zone is prohibited, 
unless authorized by the Captain of the Port.

DATES: This rule is effective from 7 a.m., Atlantic Standard Time, on 
July 11, 2000, to 11:59 p.m., Atlantic Standard Time, October 31, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers, 
Chief of Port Operations, Coast Guard Marine Safety Office San Juan, 
telephone (787) 706-2440.

ADDRESSES: Documents indicated in this preamble are available in the 
docket, are part of docket COTP San Juan 00-065, and are available for 
inspection or copying at the USCG Marine Safety Office, Rodriguez and 
Del Valle Building, 4th Floor, Calle San Martin, Road #2, Guaynabo, 
Puerto Rico, between the hours of 7:30 a.m. to 3:30 p.m., Monday 
through Friday, excluding federal holidays.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. It was impracticable to 
attempt to publish a NPRM for this situation due to the inherent 
difficulties in scheduling marine dredging operations, and the 
temporary nature of this regulation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because the operational schedule 
for the drilling and blasting was not finalized until a June 21, 2000 
meeting between the U.S. Coast Guard, Army Corps of Engineers and 
Contract Drilling and Blasting.

Background and Purpose

    These regulations are needed to provide for the safety of life on 
navigable waters from hazards associated with drilling and blasting 
operations that will occur at the entrance to San Juan Harbor, Puerto 
Rico.
    The drilling and blasting operations will be conducted to the west 
of the San Juan Harbor bar entrance channel, between buoys number 1 and 
number 4, in the approximate position of 18 deg.28.3691' N, 
066 deg.07.6889' W. The drilling and blasting operations will occur 
outside of the navigation channel.
    To further ensure the safety of life, the contractor conducting the 
drilling and blasting operations will, 15 minutes prior to any 
detonation, send two small boats outside the safety zone to advise 
mariners of the operation.

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, 
l979), The Coast Guard expects the economic impact of this proposal to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DOT is unnecessary as the 
operation will not significantly impede navigation and commercial 
activity due to the low frequency of occurrence and extremely short 
duration.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not

[[Page 45294]]

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 significant economic impact on a substantial number of small 
entities. The rule may affect the following entities, some of which may 
be small entities: the owners or operators of vessels intending to 
transit in a portion of San Juan Harbor from July 11, 2000 to October 
31, 2000. This special local regulation will not have a significant 
economic impact on a substantial number of small entities because this 
rule will be in effect sporadically, and vessel traffic can pass safely 
around the regulated area.

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 participate in the rulemaking process. If the rule would 
affect your small business, organization, or government jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking. We also have a point of contact for commenting on 
actions by employees of the Coast Guard. Small businesses may send 
comments on the actions of Federal employees who enforce, or otherwise 
determine compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).

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.

The 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 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have 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 safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because it is establishing a temporary 
safety zone.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the Preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED AREAS AND LIMITED NAVIGATION AREAS

    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 Sec. 165.T00-065 is added to read as follows:


Sec. 165.T00-065  Safety Zone; San Juan Harbor, Puerto Rico.

    (a) Regulated Area. A temporary safety zone is established within a 
1500-foot radius surrounding the drill boat Apache, operating at the 
entrance to San Juan Harbor in the approximate position of 18 deg. 
28.3691' N, 066 deg. 07.6889' W, when the vessel is conducting drilling 
or blasting.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, anchoring, mooring or transiting 
in this zone is prohibited when the vessel Apache is displaying the 
flashing blue strobe light, unless authorized by the Coast Guard 
Captain of the Port.
    (2) Notifications of blasting or drilling operations will be 
broadcast via VHF-FM radio Channel 16 beginning 2 hours prior to 
drilling or blasting operations.
    (c) Dates. This section is effective at 7 a.m., Atlantic Standard 
Time, on July 11, 2000, and expires at 11:59 p.m., Atlantic Standard 
Time, October 31, 2000.

    Dated: July 11, 2000.
J. Servidio,
Commander, U.S. Coast Guard, Captain of the Port, San Juan, Puerto 
Rico.
[FR Doc. 00-18555 Filed 7-20-00; 8:45 am]
BILLING CODE 4910-15-P