[Federal Register: June 25, 2002 (Volume 67, Number 122)]
[Proposed Rules]               
[Page 42741-42743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn02-18]                         

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create 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: Comments and related material must reach the Docket Management 
Facility on or before August 26, 2002.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Marine Safety Office San Juan, P.O. Box 71526, San Juan, 
Puerto Rico 00936. You may also deliver them in person to Commanding 
Officer, Marine Safety Office San Juan, Rodriguez and Del Valle 
Building, 4th Floor, Calle San Martin, Road 2, Guaynabo, 
Puerto Rico, 00968. The U.S. Coast Guard Marine Safety Office maintains 
the public docket for this rulemaking. Comments and materials 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 the USCG Marine Safety Office 
between the hours of 7 a.m. and 3:30 p.m., Monday through Friday, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Chip Lopez at Coast Guard Marine Safety Office 
San Juan, Puerto Rico, at (787) 706-2444.

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 (CGD07-02-
042), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them 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 them 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. 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 one by writing to the Commanding Officer U.S. Coast Guard 
Marine Safety Office at the address under ADDRESSES explaining why one 
would be

[[Page 42742]]

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

    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 a temporary final 
rule entitled ``Security Zone; San Juan, PR'' in the Federal Register 
on January 17, 2002 (67 FR 2330). That temporary final rule contained 
similar provisions as those in this notice of proposed rulemaking.

Discussion of Proposed Rule

    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.28.1' N, 66 deg.07.6' 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 
(CTOP), 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.

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. 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e 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 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.
    This proposed 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. 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 
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. 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 Docket Management Facility 
at the address under ADDRESSES. In your comment, explain 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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lieutenant Commander Robert 
Lefevers at Coast Guard Marine Safety Office San Juan, Puerto Rico, 
(787) 706-2444.
    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 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 regulatory 
actions not specifically required by law. 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.

[[Page 42743]]

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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because it is establishing safety zones. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.758 to read as follows:


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

    (a) Location. Temporary moving and fixed security zones are 
established with a 50-yard radius surrounding 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 via 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 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 12 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: June 14, 2002.
J.A. Servidio,
Commander, Coast Guard, Captain of the Port, San Juan.
[FR Doc. 02-15907 Filed 6-24-02; 8:45 am]
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