[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19103-19105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07283]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0166]
RIN 1625-AA00


Safety Zone; Spanish Navy School Ship San Sebastian El Cano 
Escort; Bahia de San Juan; San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the waters of Bahia de San Juan during the transit of the Spanish 
Navy School Ship San Sebastian El Cano, a public vessel, and during 
their 21 gun salute in accordance with the military tradition of vessel 
proving that it is unarmed upon entrance into a foreign country. The 
safety zone is necessary to protect the public from the hazards 
associated with the 21 gun salute near the Bar Channel entrance, and to 
protect the high ranking officials on board the Spanish Navy School 
Ship San Sebastian El Cano. The inbound escort is scheduled to take 
place on Saturday, April 6, 2013, and will entail an escort of the 
Spanish Navy School Ship San Sebastian El Cano and 21 gun salute. The 
outbound escort is scheduled to take place on Wednesday, April 10, 
2013. The safety zone is necessary to ensure the safety of high ranking 
officials, commercial traffic, spectators, and the general public on 
the navigable waters of the United States during the transit and 
salute. Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port San Juan or a designated 
representative.

DATES: This rule is effective from 8 a.m. on April 6, 2013, until 10 
a.m. on April 10, 2013. This rule will be enforced from 8 a.m. until 
9:30 a.m. on April 6, 2013, and from 8 a.m. until 10 a.m. on April 10, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0166]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Anthony Cassisa, Sector San Juan 
Prevention Department, U.S. Coast Guard; telephone (787) 289-2073, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The Coast Guard 
did not receive the request for an escort and safety zone nor a 
confirmed itinerary, from the Office of Puerto Rican Secretary of State 
with sufficient time to publish an NPRM and to receive public comments 
prior to the event. Any delay in the effective date of this rule would 
be impracticable because immediate action is needed to minimize 
potential danger to high ranking officials and the general public.
    Under 5 U.S.C. 553(d)(3), for the same reasons as above, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

B. Basis and Purpose

    On April 6, 2013, the Spanish Navy School Ship San Sebastian El 
Cano, a public vessel will be transiting in with high ranking officials 
to honor and return the remains of Captain Ramon Power y Giralt, a 
famous and respected Puerto Rican Navy Captain. The escort will be held 
on the waters of Bahia de San Juan, San Juan, Puerto Rico of the 
Spanish Navy School Ship San Sebastian El Cano, and will include a 21 
gun salute near the Bar Channel entrance.
    The purpose of the rule is to protect high ranking officials on 
board the Spanish Navy School Ship San Sebastian El Cano and the public 
from the hazards associated with the 21 gun salute over navigable 
waters of the United States.
    The legal basis for the rule is the U. S. Coast Guard's authority 
to establish regulated navigation areas and other limited access areas: 
33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of the Final Rule

    The safety zone encompasses certain waters of Bahia de San Juan, 
San Juan, Puerto Rico. The safety zone will be enforced from 8 a.m. to 
9:30 a.m. on April 6, 2013, and from 8 a.m. to 10 a.m. on April 10, 
2013.

[[Page 19104]]

    Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone 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 safety zone 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 safety zone 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 U. S. Coast Guard 
will provide notice of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This 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 regulation will be enforced 
for only one and a half hours on the first day, and two hours four days 
later; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety zone 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 safety zone 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 regulation to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    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 Bahia de 
San Juan encompassed within the safety zone from 8 a.m. until 9:30 a.m. 
on April 6, 2013, and from 8 a.m. until 10 a.m. on April 10, 2013. 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.

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 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.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This 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 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 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

    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.

[[Page 19105]]

11. 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 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 action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined 
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 rule involves a safety zone that will be enforced for 
a maximum of three and a half hours. This rule is categorically 
excluded, under, paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T07-0166 to read as follows:


Sec.  165.T07-0166  Safety Zone, Spanish Navy School Ship San Sebastian 
El Cano escort, Bahia de San Juan; San Juan, PR.

    (a) Regulated Areas. The following regulated area is established as 
a safety zone. All coordinates are North American Datum 1983.
    (1) Regulated Area. All waters within a 200 yard radius of the 
vessel Spanish Navy School Ship San Sebastian El Cano while the vessel 
is transiting within 1.5 nautical miles from the entrance of Bar 
Channel on approach or departure from San Juan Harbor. Persons and 
vessels are prohibited from entering, transiting through, anchoring in, 
or remaining within the safety zone unless authorized by the Captain of 
the Port San Juan.
    (b) Definition. The term ``designated representative'' means U.S. 
Coast Guard Patrol Commanders, including U.S. Coast Guard coxswains, 
petty officers, and other officers operating U.S. 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) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone, unless authorized by the Captain of the Port San Juan.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated 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 
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.
    (3) The U. S. Coast Guard will provide notice of the safety zone by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 8 a.m. until 
9:30 a.m. on April 6, 2013 and from 8 a.m. until 10:00 a.m. on April 
10, 2013.

    Dated: March 19, 2013.
D. W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-07283 Filed 3-28-13; 8:45 am]
BILLING CODE 9110-04-P