[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42465-42467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17562]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0495]
RIN 1625-AA08
Special Local Regulations, Cruce a Nado Internacional, Ponce
Harbor; Ponce, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations on the waters of Ponce Harbor in Ponce, Puerto Rico during
the Cruce a Nado Internacional, a swimming event. The event is
scheduled to take place on Sunday, September 2, 2012. Approximately 85
swimmers are anticipated to participate in the swimming event, and
there are not expected to be any spectator vessels present during the
event. These special local regulations are necessary to provide for the
safety of life on the navigable waters of the United States during the
event. These special local regulations would establish a swim area,
where all persons and vessels, except those persons participating in
the race and vessels patrolling the swim area, will be prohibited from
entering, transiting through, anchoring in, or remaining within unless
authorized by the Captain of the Port San Juan or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2012. Requests for public meetings must
be received by the Coast Guard on or before August 3, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Robert Cerrato, Sector San Juan Prevention
Department, Coast Guard; telephone (787) 289-2097, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0495 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0495 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the
[[Page 42466]]
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review a Privacy Act notice regarding our public dockets in the January
17, 2008, issue of the Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 18, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to provide for the safety of life on navigable waters of the
United States during the Cruce a Nado Internacional swimming event.
C. Discussion of Proposed Rule
On September 2, 2012, Club Cruce a Nado is sponsoring the Cruce a
Nado Internacional, a swimming event. The event will be held on the
waters of Ponce Harbor in Ponce, Puerto Rico. Approximately 85 swimmers
are anticipated to participate in the event. No spectator vessels are
anticipated to be present during the event.
The proposed rule would establish special local regulations that
will encompass certain waters of Ponce Harbor in Ponce, Puerto Rico.
The special local regulations will be enforced from 10 a.m. until 6
p.m. on September 2, 2012. The special local regulations will establish
a swim area, where all persons and vessels, except those persons
participating in the race and vessels patrolling the swim area, will be
prohibited from entering, transiting through, anchoring in, or
remaining within unless authorized by the Captain of the Port San Juan
or a designated representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the swim area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within the swim area is
granted by the Captain of the Port San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port San Juan
or a designated representative. The Coast Guard will provide notice of
the special local regulations by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only eight hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the swim area
without authorization from the Captain of the Port San Juan or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the swim area during the
enforcement period if authorized by the Captain of the Port San Juan or
a designated representative; and (4) the Coast Guard will provide
advance notification of the special local regulations to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
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. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Ponce Harbor encompassed within the special local regulations from 10
a.m. until 6 p.m. on September 2, 2012. For the reasons discussed in
the Regulatory Planning and Review section above, this rule will not
have a significant economic impact on a substantial number of small
entities.
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 (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. 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. 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 person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
[[Page 42467]]
7. 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 (adjusted for
inflation) 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.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, 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 this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves special local regulations issued in conjunction with a regatta
or marine parade. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.35T07-0495 to read as follows:
Sec. 100.35T07-0495 Special Local Regulations, Cruce a Nado
Internacional, Ponce Harbor; Ponce, Puerto Rico.
(a) Regulated Area. The following regulated area is established as
a special local regulation. All coordinates are North American Datum
1983.
(1) Swim Area. All waters of Ponce Harbor encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 17[deg]58.85 N, 66[deg]37.48 W; thence southwest to Point 2 in
position 17[deg]57.50 N, 66[deg]38.20 W; thence southeast to Point 3 in
position 17[deg]57.35 N, 66[deg]37.95 W; thence northeast to point 4 in
position 17[deg]58.73 N, 66[deg]37.25 W; thence northwest along the
northeastern shoreline of Bahia de Ponce to the origin. All persons and
vessels, except those persons participating in the race and vessels
patrolling the swim area, are prohibited from entering, transiting
through, anchoring in, or remaining within the swim area.
(b) Definition. The term ``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 San Juan in the enforcement of the regulated areas.
(c) Regulations.
(1) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port San Juan by telephone at 787-289-2041, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port San Juan
or a designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. This rule will be enforced from 10 a.m. until
6 p.m. on September 2, 2012.
Dated: June 7, 2012.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2012-17562 Filed 7-18-12; 8:45 am]
BILLING CODE 9110-04-P