[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Rules and Regulations]
[Pages 68762-68764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28836]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 07-02-132]
RIN 2115-AA97


Security Zone; San Juan, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is extending the effective period for the 
temporary final rule creating temporary moving security zones 50 yards 
around all cruise ships entering or departing the Port of San Juan. 
Temporary fixed security zones are also established 50 yards around all 
cruise ships that are moored in the Port of San Juan. These security 
zones are needed for national security reasons to protect the public, 
ports, and waterways 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 rule is effective from 11:59 p.m. on October 31, 2002 until 
11:59 p.m. on April 30, 2003.

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 [CGD 07-02-132] 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 Chip Lopez, Marine Safety 
Office San Juan, Puerto Rico at (787) 706-2444.

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, which would 
incorporate a comment period before a final rule could be issued, would 
be contrary to the public interest since the Captain of the Port of San 
Juan has determined that immediate action is needed to protect the 
public, ports and waterways of the United States near San Juan.
    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. The Coast Guard will 
issue a broadcast notice to mariners and written information via 
facsimile and electronic mail to inform mariners of this regulation.

Request for Comments

    Although the Coast Guard has good cause to implement this 
regulation without a notice of proposed rulemaking, we want to afford 
the public the opportunity to participate in this rulemaking by 
submitting comments and related material regarding the size and 
boundaries of

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these security zones in order to minimize unnecessary burdens. If you 
do so, please include your name and address, identify the docket number 
for this rulemaking [CGD07-02-132] indicate the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and related material in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying. If you would like to know they reached us, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this temporary final rule in view of them.

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. Following these attacks by well-trained and 
clandestine terrorists, national security and intelligence officials 
have warned that future terrorists attacks are likely. The President 
has continued the national emergencies he declared following the 
September 11, 2001 terrorist attacks (67 FR 58317 (Sept. 13, 2002) 
(continuing national emergency with respect to terrorist attacks), 67 
FR 59447 (Sept. 20, 2002) (continuing national emergency with respect 
to persons who commit, threaten to commit or support terrorism)). The 
President also has found pursuant to law, including the Magnuson Act 
(50 U.S.C. 191 et seq.), that the security of the United States is and 
continues to be endangered following the attacks (E.O. 13,273, 67 FR 
56215 (Sept. 3, 2002) (security endangered by disturbances in 
international relations of U.S and such disturbances continue to 
endanger such relations).
    There may be Coast Guard, local police department or other patrol 
vessels on scene to monitor traffic and advise mariners of the 
restrictions in these areas. Entry into these security zones is 
prohibited, unless specifically authorized by the Captain of the Port, 
San Juan, Puerto Rico.
    On January 17, 2002 the Coast Guard published a similar temporary 
final rule in the Federal Register that established temporary moving 
and fixed security zones 50 yards around all cruise ships entering, 
departing or moored in the Port of San Juan (67 FR 2330). That rule 
expired on February 28, 2002. The Captain of the Port issued another 
temporary final rule extending the security zones around cruise ships 
until June 15, 2002 (CGD07-02-015) which also expired. There is a 
current temporary final rule that was published on June 13, 2002 (67 FR 
40608) which will expire on October 31, 2002. On June 5, 2002, the 
Captain of the Port published a notice of proposed rulemaking that 
proposed to make these security zones permanent zones (67 FR 42741). 
This temporary rule is necessary to ensure the security on the 
navigable waters while the Captain of the Port drafts a final rule.
    The Captain of the Port has determined that this rule is necessary 
to protect the Port of San Juan from subversive activity. The Captain 
of the Port intends to issue a notice of proposed rulemaking in a 
separate document to be published in the Federal Register proposing to 
create permanent security zones around cruise ships in the Port of San 
Juan.
    The security zone for a vessel entering the Port of San Juan is 
activated when the vessel is one mile north of the 3 buoy, at 
approximate position 18[deg]28'17.19'' N, 066[deg]-07'45.7'' W. 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 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 Web site 
at http://www.msocaribbean.com.

Regulatory Evaluation

    This temporary 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 
may be allowed to transit around these zones or enter the zones on a 
case by case basis with the authorization of the Captain of the Port.

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 transit around these 
zones or enter the zones on a case by case basis with the authorization 
of the Captain of the Port. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule will have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain 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 (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

[[Page 68764]]

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. Although 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 create 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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec.  165.T07-132 is added to read as follows:


Sec.  165.T07-132  Security Zones; Port of San Juan, Puerto Rico.

    (a) Regulated area. Temporary moving security zones are established 
50 yards around all cruise ships entering or departing the Port of San 
Juan. These moving security zones are activated when the subject vessel 
is one mile north of the 3 buoy at approximate position 
18[deg]28'17.19'' N, 066[deg]-07'45.7'' 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 they 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) Dates. This rule is effective at 11:59 p.m. on October 31, 2002 
until 11:59 p.m. on April 30, 2003.

    Dated: October 31, 2002.
D.A. Greene,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, San 
Juan.
[FR Doc. 02-28836 Filed 11-12-02; 8:45 am]
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