[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Rules and Regulations]
[Pages 40770-40771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17372]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP SAN JUAN-03-104]
RIN 1625-AA00


Safety Zone: Swimming Across San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed safety zone 
for the Swimming Across San Juan Harbor event in San Juan Harbor, San 
Juan, Puerto Rico. This safety zone is necessary to protect swimmers 
and provide for the safety of life on navigable waters by excluding 
vessels from transiting in the swimming area.

DATES: This rule is effective from Sunday 9 a.m. on July 20, 2003 
through 12 p.m. (noon) on Sunday July 20, 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 [COTP San Juan-03-104] and are available for inspection or 
copying at Marine Safety Office San Juan, 5 La Puntilla Final, 
Old San Juan, PR 00901-1800 between 7 a.m. and 3:30 p.m. Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes, Greater Antilles 
Section at (787) 729-5381.

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 immediate action is needed to 
protect the public and waterways of the United States.
    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

    This rule is required to provide for the safety of life on 
navigable waters because numerous swimmers will be crossing navigable 
channels in the commercial port of San Juan. This rule creates a safety 
zone area that will prohibit non-participating vessels from entering 
the safety zone during the event without the authorization of the 
Captain of the Port of San Juan, Puerto Rico. The safety zone area is 
based on a rectangular shape starting at point 1, La Puntilla Final, 
Coast Guard Base at position 18[deg]27'33'' N 066[deg]07'00'' W, then 
South to point 2, Catano Ferry Pier at position 18[deg]26'36'' N 
066[deg]07'00'' W, then East to point 3, Punta Catano at position 
18[deg]26'40'' N 066[deg]06'48'' W, then North to point 4 at position 
18[deg]27'40'' N 066[deg]06'49'' W and back to origin.
    Law enforcement vessels can be contacted on VHF Marine Band Radio, 
Channel 16 or telephone number (787) 729-2041. The United States Coast 
Guard Communications Center will notify the public via Broadcast Notice 
to Mariners VHF Marine Band Radio, Channel 22 when the zone is 
activated.

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 Homeland 
Security. The Coast Guard expects the economic impact of this safety 
zone to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of Department of 
Homeland Security is unnecessary because entry into the safety zone is 
prohibited for a limited time and vessels will still be able to transit 
around the safety zone and may be allowed to enter the safety zone with 
the express permission of the Captain of the Port of San Juan or his 
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard

[[Page 40771]]

considered whether this rule would have a significant economic effect 
upon 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 will 
not have a significant economic impact on a substantial number of small 
entities because the safety zone will only be in effect for a limited 
time and vessels will be able to transit around the zone and may be 
allowed to enter the safety zone with the express permission of the 
Captain of the Port of San Juan, Puerto Rico or his designated 
representative.

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 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 requirements 
under the Paperwork Reduction Act of 1995 (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. Although this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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.

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. The Administrator of the Office of Information and Regulatory 
Affairs as a significant energy action has not designated it. 
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 record 
keeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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; Department of Homeland Security Delegation 
No. 0170.

0
2. A new temporary Sec.  165.T07-104 is added to read as follows:


Sec.  165.T07-104  Safety Zone; Swimming Across San Juan Harbor, San 
Juan, Puerto Rico.

    (a) Location. The safety zone area is based on a rectangular shape 
starting at point 1, La Puntilla Final, Coast Guard Base at position 
18[deg]27'33'' N 066[deg]07'00'' W, then South to point 2, Catano Ferry 
Pier at position 18[deg]26'36'' N 066[deg]07'00'' W, then East to point 
3. Punta Catano at position 18[deg]26'40'' N 066[deg]06'48'' W, then 
North to point 4 at position 18[deg]27'40'' N 066[deg]06'49'' W and 
back to origin. All coordinates referenced use Datum: NAD 83.
    (b) Regulations. All vessels, with the exception of event 
participant vessels, are prohibited from entering the safety zone 
without the express permission of the Captain of the Port of San Juan, 
Puerto Rico or his designated representative. After the termination of 
the Swimming Across San Juan Harbor, San Juan, Puerto Rico, all vessels 
may resume normal operations.
    (c) Effective dates. This section is effective from 9 a.m. on 
Sunday, July 20, 2003 through 12 p.m. (noon) on Sunday, July 20, 2003.

    Dated: June 29, 2003.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-17372 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-15-P