[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Proposed Rules]
[Pages 27070-27072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9166]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Juan 07-039]
RIN 1625-AA00


Safety Zone; San Juan Harbor Swim, Bahia de San Juan, San Juan, 
PR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for an annual swimming event held in San Juan Harbor. This safety zone 
is necessary to protect swimmers and provide for the safety of life on 
navigable waters by excluding vessels from transiting the swim area.

DATES: Comments and related material must reach the Coast Guard on or 
before June 13, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Sector San Juan, Attn: Prevention Operations Department (spw), 5 Calle 
La Puntilla, San Juan, PR 00901-1819. Sector San Juan Prevention 
Operations Department maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at Coast Guard Sector San Juan, Prevention Operations 
Department, Facilities & Waterways Division, between 7:30 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant junior grade Alison M. 
Schmidt, Sector San Juan, Prevention Operations Department, Facilities 
& Waterways Division, at (787) 289-2086.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP San 
Juan 07-039), 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 proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector San Juan at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    This rule is required to provide for the safety of life in the port 
of San Juan because each year numerous swimmers cross the navigable 
channel during an organized cross-harbor swim. To prevent injury or 
loss of life, a safety zone is required to maintain a safe distance 
between the swimmers and vessel traffic. This rule creates a safety 
zone that will prohibit entry by non-participating vessels during the 
event without the authorization of the Captain of the Port (COTP) San 
Juan.

Discussion of Proposed Rule

    This proposed rule would establish a Safety Zone around the course 
of the cross-harbor swim. The safety zone includes all waters bound by 
an imaginary line connecting the following points: Point 1, La Puntilla 
Final, Coast Guard Base at position 18-27'33'' N, 066-07'00'' W, then 
south to Point 2, Cata[ntilde]o Ferry Pier at position 18-26'36'' N, 
066-07'00'' W, then east along the Cata[ntilde]o shoreline to Point 3, 
Punta Cata[ntilde]o at position 18-26'40'' N, 066-06'48'' W, then north 
to Point 4, Pier 1 in San Juan at position 18-27'40'' N, 066-06'49'' W, 
then back along the shoreline to origin at Point 1. This rule will be 
effective during daylight hours, defined as the hours between sunrise 
and sunset, on Sunday, July 22, 2007, or on a designated rain date. 
Specific hours of the event, as well as any rain date, will be 
published in a Marine Safety Information Bulletin and announced on VHF-
FM in a Broadcast Notice to Mariners. Persons and vessels may request 
permission to enter the safety zone on VHF-FM channel 16 or via phone 
at (787) 289-2041.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This rule would only affect those vessels that would attempt to 
transit that portion of San Juan Harbor during daylight hours on that 
day. Vessels may receive permission to transit the safety zone area on 
a case-by-case basis with the permission of the COTP San Juan.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Although the safety zone will apply to an 
area of the harbor encompassing the entire width of the Anegado 
Channel, it will only be in effect for a portion of one day and traffic 
will be allowed to pass through the zone with the permission of the 
Coast Guard COTP San Juan. Before the effective period, the Coast Guard 
will issue maritime advisories widely available to users of the 
channel.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment to the 
office under ADDRESSES explaining 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 (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 process. 
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 the office under 
ADDRESSES. The Coast Guard will not retaliate against small entities 
that question or complain about

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this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship 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 proposed 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 that order because it is not a ``significant 
regulatory 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 has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether this 
rule should be categorically excluded from further environmental 
review.

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 proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T07-039 to read as follows:


Sec.  165.T07-039  Safety Zone; San Juan Harbor Swim, Bah[iacute]a de 
San Juan, San Juan, PR.

    (a) Regulated Area. The Coast Guard is establishing a temporary 
safety zone on the navigable waters of San Juan Harbor for an 
organized, cross-harbor swim. The safety zone is rectangular in shape, 
starting at Point 1, La Puntilla Final, Coast Guard Base at position 
18-27'33'' N, 066-07'00'' W, then south to Point 2, Cata[ntilde]o Ferry 
Pier at position 18-26'36'' N, 066-07'00'' W, then east along the 
Cata[ntilde]o shoreline to Point 3, Punta Cata[ntilde]o at position 18-
26'40'' N, 066-06'48'' W, then north to Point 4, Pier 1 in San Juan at 
position 18-27'40'' N, 066-06'49'' W, then back along the shoreline to 
origin at Point 1.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) San Juan in 
the enforcement of the safety zone.
    (2) Daylight hours means the hours between sunrise and sunset.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entering, anchoring, mooring or transiting 
in the Regulated Area is prohibited during daylight hours on Sunday, 
July 22, 2007, or on a

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designated rain date unless specifically authorized by the Coast Guard 
COTP San Juan or a designated representative. If necessary, a rain date 
for the event shall be designated and publicized in a Marine Safety 
Information Bulletin and announced on VHF-FM in a Broadcast Notice to 
Mariners. The specific hours of the event shall be publicized in the 
same manner. Persons and vessels may request permission to enter the 
safety zone on VHF-FM channel 16 or via phone at (787) 289-2041.
    (d) Effective Date. This rule is effective during daylight hours on 
Sunday, July 22, 2007, or a designated rain date. If necessary, the 
rain date will be announced at least 48 hours prior to being effective.

    Dated: April 22, 2007.
J.E. Tunstall,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E7-9166 Filed 5-11-07; 8:45 am]
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