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Security Zone; San Juan, PR
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 17, 2002 (Volume 67, Number 12)]
[Rules and Regulations]
[Page 2330-2332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja02-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-01-112]
RIN 2115-AA97
Security Zone; San Juan, PR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving security
zone 50 yards around all cruise ships while entering or departing the
Port of San Juan. Temporary fixed security zones are also established
50 yards around all cruise ships when these vessels are moored in the
Port of San Juan. 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, San Juan, Puerto Rico or his designated
representative.
DATES: This regulation is effective from 12:01 a.m. on November 30,
2001 until 11:59 p.m. on February 28, 2002.
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 CGD 07-01-112]
and are available for
inspection or copying at Marine Safety Office San Juan, RODVAL Bldg,
San Martin St. #90 Ste 400, Guaynabo, PR 00969 between 7 a.m. and 3:30
p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers,
Marine Safety Office San Juan, Puerto Rico at (787) 706-2440.
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 and delaying
the rule's effective date would be contrary to the public interest
since immediate action is needed to protect the public, ports and
waterways of the United States. The Coast Guard will issue a broadcast
notice to mariners and written information via facsimile and electronic
mail to inform mariners of this regulation.
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
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 this port. There may be Coast Guard, local police department or
other patrol vessels on scene to monitor traffic through these areas.
Entry into these security zones is prohibited, unless specifically
authorized by the Captain of the Port, San Juan, Puerto Rico.
The security zone for a vessel entering the Port of San Juan is
activated when the vessel is one mile north of the #1 buoy, at
approximate position 18 deg.28.3' N, 66 deg.07.6' W, when entering the
Port of San Juan. The zone for a vessel is deactivated when the vessel
passes this buoy on its departure from the port. The Captain of the
Port will also notify the public of these security zones via Marine
Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz)
and Marine Safety Information Bulletins via facsimile and the Marine
Safety Office San Juan website at http://www.msocaribbean.com 
.
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 Transportation
(DOT) (44 FR 11040; February 26, 1979) because vessels should be able
to safely transit around the zone and may be allowed to enter the zone
with the authorization of the Captain of the Port of San Juan.
[[Page 2331]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
effect upon a substantial number of small entities. ``Small entities''
include 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 small entities may be allowed to enter on a case by
case basis with the authorization of the Captain of the Port.
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 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 (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. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
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 concern 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. 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.
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
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. A new temporary Sec. 165.T07-112 is added to read as follows:
Sec. 165.T07-112 Security Zone; Port of San Juan, Puerto Rico.
(a) Regulated area. Temporary moving security zones are established
50 yards around all cruise ships while entering or departing the Port
of San Juan. These moving security zones are activated when the subject
vessel is one mile north of the #1 buoy at approximate position
18 deg.28.3' N, 66 deg.07.6' W when entering the Port of San Juan and
deactivated when the vessel passes this buoy on its departure from the
Port of San Juan. Temporary fixed security zones are also established
50 yards around all cruise ships when these vessels are moored in the
Port of San Juan.
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited except as
authorized by the Captain of the Port, or a Coast Guard commissioned,
warrant, or petty officer designated by him. The Captain of the Port
will notify the public of any changes in the status of this zone by
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22
(157.1 MHz).
(c) Effective dates. This section becomes effective at 12:01 a.m.
on November 30, 2001 until 11:59 p.m. on February 28, 2002.
[[Page 2332]]
Dated: November 30, 2001.
J. A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port.
[FR Doc. 02-1187 Filed 1-16-02; 8:45 am]
BILLING CODE 4910-15-P