[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Rules and Regulations]
[Pages 76989-76991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31599]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-02-042]
RIN 2115-AA97


Security Zone; San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing moving and fixed security 
zones 50 yards around all cruise ships entering, departing, moored or 
anchored in the Port of San Juan, Puerto Rico. 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 of San Juan 
or his designated representative.

DATES: This rule is effective on May 1, 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

[[Page 76990]]

docket [CGD07-02-042] and are available for inspection or copying at 
Coast Guard Marine Safety Office San Juan, Rodriguez and Del Valle 
Building, San Martin Street, Carr. 2, Km. 4.9, Guaynabo, 
Puerto Rico, 00968, between the hours of 7 a.m. and 3:30 p.m., Monday 
through Friday, excluding Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Chip Lopez at Coast Guard 
Marine Safety Office San Juan, Puerto Rico, (787) 706-2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 25, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled: Security Zone, San Juan Puerto Rico, in the Federal 
Register (67 FR 42741). We received no letters commenting on the 
proposed rule. No public hearing was requested and none was held.

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 the Port of San Juan. Following these attacks by well-trained 
and clandestine terrorists, national security and intelligence 
officials have warned that future terrorists attacks are likely.
    The terrorist acts against the United States on September 11, 2001, 
have increased the need for safety and security measures on U.S. ports 
and waterways. In response to these terrorist acts, and in order to 
prevent similar occurrences, the Coast Guard is establishing temporary 
security zones around all cruise ships entering, departing and moored 
within the Port of San Juan. We previously published two temporary 
final rules entitled ``Security Zone; San Juan, PR'' in the Federal 
Register on January 17, 2002 (67 FR 2330) and on June 13, 2002 (67 FR 
40608). These temporary final rules contained similar provisions as 
those in this rulemaking.
    The security zone for a cruise ship entering the Port of San Juan 
will be activated when the cruise ship is one mile north of the number 
3 buoy, at approximate position 18[deg]28'17'' N, 66[deg]07'37.5'' W. 
The zone for a vessel would be deactivated when the vessel passes this 
buoy on its departure from the Port of San Juan. The security zones 
encompass all waters 50 yards around a cruise ship.
    Persons and vessels are prohibited from entering into or transiting 
through a security zone unless authorized by the Captain of the Port 
(COTP), or his designated representative. Each person and vessel in a 
security zone must obey any direction or order of the COTP. The COTP 
may remove any person, vessel, article, or thing from a security zone. 
No person may board, or take or place any article or thing on board, 
any vessel in a security zone without the permission of the Captain of 
the Port. The Captain of the Port will notify the public of these 
security zones through Marine Safety Information Bulletins via 
facsimile and the Marine Safety Office San Juan Web site at
 http://www.msocaribbean.com.

Discussion of Comments and Changes

    No comments were received on the proposed rule.

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 rule to be so minimal that 
a full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary because other vessels 
will be able to safely navigate around the zones while in place and 
persons may be authorized to enter or transit the zone with the 
permission of the Captain of the Port.

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 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 
would 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 the Port of San Juan when a cruise ship is 
entering, departing, moored or anchored in the Port of San Juan. This 
rule will not have a significant economic impact on a substantial 
number of small entities because other vessels will be able to safely 
navigate around the zones while in place and persons may be authorized 
to enter or transit the zone with the permission of the Captain of the 
Port.

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 the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Chip Lopez at (787) 
706-2444 for assistance in understanding 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 businesses. 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 of 1995 (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.

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 would not impose an unfunded 
mandate.

[[Page 76991]]

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 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 has determined that, under figure 2-1, paragraph (34)g, of 
Commandant Instruction M16475.lC, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety 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. Section 165.758 is added to read as follows:


Sec.  165.758  Security Zone; San Juan, Puerto Rico.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored 
in the Port of San Juan, Puerto Rico. The security zone for a cruise 
ship entering port is activated when the vessel is one mile north of 
the 3 buoy, at approximate position 18[deg]28'17'' N, 
66[deg]07'37.5'' W. The security zone for a vessel is deactivated when 
the vessel passes this buoy on its departure from the port.
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Greater Antilles Section 
Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or his designated representative.
    (3) The Marine Safety Office San Juan will attempt to notify the 
maritime community of periods during which these security zones will be 
in effect by providing advance notice of scheduled arrivals and 
departures of cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: November 26, 2002.
W.J. Uberti,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 02-31599 Filed 12-13-02; 8:45 am]
BILLING CODE 4910-15-P