[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Rules and Regulations]
[Pages 2330-2332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1187]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-01-112]
RIN 2115-AA97


Security Zone; San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone 50 yards around all cruise ships while entering or departing the 
Port of San Juan. Temporary fixed security zones are also established 
50 yards around all cruise ships when these vessels are moored in the 
Port of San Juan. These security zones are needed for national security 
reasons to protect the public and ports from potential subversive acts. 
Entry into these zones is prohibited, unless specifically authorized by 
the Captain of the Port, San Juan, Puerto Rico or his designated 
representative.

DATES: This regulation is effective from 12:01 a.m. on November 30, 
2001 until 11:59 p.m. on February 28, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP San Juan CGD 07-01-112] and are available for 
inspection or copying at Marine Safety Office San Juan, RODVAL Bldg, 
San Martin St. #90 Ste 400, Guaynabo, PR 00969 between 7 a.m. and 3:30 
p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers, 
Marine Safety Office San Juan, Puerto Rico at (787) 706-2440.

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 a NPRM. Publishing a NPRM and delaying 
the rule's effective date would be contrary to the public interest 
since immediate action is needed to protect the public, ports and 
waterways of the United States. The Coast Guard will issue a broadcast 
notice to mariners and written information via facsimile and electronic 
mail to inform mariners of this regulation.
    For the same reasons, 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.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the Port of San 
Juan, Puerto Rico, against cruise ships entering, departing and moored 
within this port. There may be Coast Guard, local police department or 
other patrol vessels on scene to monitor traffic through these areas. 
Entry into these security zones is prohibited, unless specifically 
authorized by the Captain of the Port, San Juan, Puerto Rico.
    The security zone for a vessel entering the Port of San Juan is 
activated when the vessel is one mile north of the #1 buoy, at 
approximate position 18 deg.28.3' N, 66 deg.07.6' W, when entering the 
Port of San Juan. The zone for a vessel is deactivated when the vessel 
passes this buoy on its departure from the port. The Captain of the 
Port will also notify the public of these security zones via Marine 
Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz) 
and Marine Safety Information Bulletins via facsimile and the Marine 
Safety Office San Juan website at http://www.msocaribbean.com.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, 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) because vessels should be able 
to safely transit around the zone and may be allowed to enter the zone 
with the authorization of the Captain of the Port of San Juan.

[[Page 2331]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon 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.
    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 because small entities may be allowed to enter on a case by 
case basis with the authorization of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will 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 this rule.
    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 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

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 risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationships between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or use. We have determined that it is not a ``significant 
energy action'' under Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-112 is added to read as follows:


Sec. 165.T07-112  Security Zone; Port of San Juan, Puerto Rico.

    (a) Regulated area. Temporary moving security zones are established 
50 yards around all cruise ships while entering or departing the Port 
of San Juan. These moving security zones are activated when the subject 
vessel is one mile north of the #1 buoy at approximate position 
18 deg.28.3' N, 66 deg.07.6' W when entering the Port of San Juan and 
deactivated when the vessel passes this buoy on its departure from the 
Port of San Juan. Temporary fixed security zones are also established 
50 yards around all cruise ships when these vessels are moored in the 
Port of San Juan.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port, or a Coast Guard commissioned, 
warrant, or petty officer designated by him. The Captain of the Port 
will notify the public of any changes in the status of this zone by 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz).
    (c) Effective dates. This section becomes effective at 12:01 a.m. 
on November 30, 2001 until 11:59 p.m. on February 28, 2002.


[[Page 2332]]


    Dated: November 30, 2001.
J. A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port.
[FR Doc. 02-1187 Filed 1-16-02; 8:45 am]
BILLING CODE 4910-15-P