Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31079

§ 1.356–6 Rules for treatment of

nonqualified preferred stock as other

property.

* * * * *

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: May 5, 2000.

Jonathan Talisman,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–11899 Filed 5–15–00; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 275

[T.D. ATF–424a]

RIN 1512–AB92

Implementation of Public Law 105–33,

Section 9302, Relating to the

Imposition of Permit Requirements on

the Manufacturer of Roll-Your-Own

Tobacco (98R–370P)

ACTION: Temporary rule; correction.

SUMMARY: This document corrects a

section of regulations that was

erroneously revised in a temporary rule

(T.D. ATF–424) published in the

Federal Register of December 22, 1999,

regarding the imposition of permit

requirements on manufacturers of rollyour-own tobacco.

DATES: This rule is effective May 16,

2000.

FOR FURTHER INFORMATION CONTACT:

Robert Ruhf, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue

NW, Washington, DC 20226 (202–927–

8210).

SUPPLEMENTARY INFORMATION: The

Bureau of Alcohol, Tobacco and

Firearms (ATF) published a document

in the Federal Register of December 22,

1999 (64 FR 71929). We erroneously

revised § 275.117(e). This document

corrects that error.

In rule FR Doc. 99–32602 published

on December 22, 1999, on page 71932,

in the third column, remove the

instruction and amendatory text in

paragraph 25.

Signed: May 9, 2000.

Bradley A. Buckles,

Director.

[FR Doc. 00–12160 Filed 5–15–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 767

RIN 0703–AA57

Application Guidelines for

Archeological Research Permits on

Ship and Aircraft Wrecks Under the

Jurisdiction of the Department of the

Navy

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: This final rule adds

guidelines for obtaining Department of

the Navy (DON) archeological research

permits for those applying for

permission to conduct research on, and/

or recover, ship or aircraft wrecks under

the jurisdiction of the DON. This permit

process will assist the DON in managing

and protecting its historic ship and

aircraft wrecks. This rule will provide

clear guidance on the permit application

requirements to conduct research on,

and/or recover, DON ship and aircraft

wrecks.

DATES: Effective May 16, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Robert S. Neyland, Underwater

Archeologist, or Barbara A. Voulgaris,

202–433–2210.

SUPPLEMENTARY INFORMATION: On

November 19, 1999 (64 FR 63263), the

Department of the Navy (DON)

published a notice of proposed

rulemaking on the application

guidelines for archeological research

permits on Submerged Cultural

Resources under the jurisdiction of

DON. The comment period closed on

January 18, 2000. Interested persons

have been afforded the opportunity to

participate in the making of this rule.

Seven comments were submitted in

response to the notice of proposed

rulemaking. The comments from

cultural resource professionals focused

on the meaning of several definitions. In

particular, there was a concern that the

term ‘‘submerged cultural resources’’

would include more than ship and

aircraft wrecks and the term would

exclude ship and aircraft wrecks on

land. As a result, a change was made to

replace the terms ‘‘submerged cultural

resources’’ and ‘‘underwater cultural

resources’’ with ‘‘ship and aircraft

wrecks’’. Also adopted were suggestions

that provide additional time in the

permit review process, to increase the

permit duration, and to clarify guidance

on state participation when a DON

resource is on a State bottomland.

Comments from those representing

salvage interests were generally against

restrictions. These comments and

suggestions were carefully considered,

but most were not adopted since they

were in opposition to our goal of

protecting DON cultural resources.

As background, in 1993, DON

initiated an archeological management

program for its historic ship and aircraft

wreck sites. This was aided in part by

the U.S. Department of Defense (DoD)

Legacy Resource Management Program

that was established by Congress in

1991, 10 U.S.C. 114, to provide DoD

with an opportunity to enhance the

management of DoD stewardship

resources. The U.S. Naval Historical

Center’s (NHC) Office of Underwater

Archeology is the DON command

responsible for managing the DON’s

ship and aircraft wrecks under the

guidelines of the Federal Archeological

Program. Under the National Historic

Preservation Act of 1966 as amended

(NHPA), 16 U.S.C. 470 (1999), DON is

obligated to protect historic properties,

including ship and aircraft wrecks, for

which it has custodial responsibilities.

The NHPA directs federal agencies to

manage their cultural resource

properties in a way that emphasizes

preservation and minimizes the impact

of undertakings that might adversely

affect such properties. Management of

DON cultural resources such as ship

and aircraft wrecks is not only a matter

of preservation. The issues of gravesites,

unexploded ordnance, and potential

military usage of recovered weapons

systems must also be addressed in

wrecksite management.

Custody and Management of DON Ship

and Aircraft Wrecksites

a. DON ship and aircraft wrecks are

government property in the custody of

DON. These seemingly abandoned

wrecks remain government property

until specific formal action is taken to

dispose of them. DON custody of its

wrecks is based on the property clause

of the U.S. Constitution and

international maritime law, and is

consistent with Articles 95 and 96 of the

Law of the Sea Convention. These laws

establish that right, title, or ownership

of Federal property is not lost to the

government due to the passage of time.

Department of the Navy ships and

aircraft cannot be abandoned without

formal action as authorized by Congress.

Aircraft and ships stricken from the

active inventory list are not considered

formally disposed of or abandoned.

Through the sovereign immunity

provisions of admiralty law, DON

retains custody of all its naval vessels

and aircraft, whether lost in U.S.,

foreign, or international boundaries.

31080 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

b. Divers may dive on DON wrecks at

their own risk; however, Federal

property law dictates that no portion of

a government wreck may be disturbed

or removed. The DON strongly

encourages cooperation with other

agencies and individuals interested in

preserving our maritime and aviation

heritage. Diving on sunken DON ships

and aircraft located in units of the

national park system or the national

marine sanctuary system may be

prohibited unless authorized by a

Federal land manager.

c. The diving public is encouraged to

report the location of underwater ship

and aircraft wrecksites to the NHC.

Documentation of these wreck locations

allows the DON to evaluate and

preserve important sites for the future.

Under no circumstances will salvage of

DON aircraft or shipwrecks be

undertaken without prior and specific

written approval by the NHC.

d. Wrecksites that are not entire

aircraft or ships, but are parts strewn in

a debris field, are considered potential

archeological sites. Such sites still

contain DON property and must be

managed by the DON in accordance

with the NHPA, the Secretary of the

Interior’s Standards and Guidelines on

Archeology and Historic Preservation,

48 FR 44716 (1983), and departmental

regulations. Permits for recovery of DON

ship or aircraft wrecks will be

considered only for educational or

scientific reasons. It is unlikely DON

will recommend the disposal and sale of

a DON ship or aircraft wreck that is

eligible for listing on the National

Register of Historic Places. The DON

maintains a policy of not disposing of

wrecked ships and aircraft for the

following reasons:

1. Congress has mandated through the

NHPA that DON make every effort to

preserve its historic cultural resources;

2. The remains of crewmembers, if

any, deserve respect and should remain

undisturbed unless proper retrieval and

burial become necessary;

3. There is a possibility that live

explosives or ordnance may still be

associated with the vessel or aircraft;

4. The arbitrary disposal and sale of

wrecks may foster commercial

exploitation of cultural resources and;

5. The abandonment of wrecks could

deplete a finite inventory of significant

cultural resources.

Matters of Regulatory Procedure

Executive Order 12866, Regulatory

Planning and Review. This rule does not

meet the definition of ‘‘significant

regulatory action’’ for purposes of E.O.

12866.

Executive Order 13132, Federalism. It

has been determined that this rule does

not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions contained in this rule will

have little or no direct effect on States

or local governments.

Regulatory Flexibility Act. This rule

will not have a significant economic

impact on a substantial number of small

entities for purposes of the Regulatory

Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act. This rule

does not impose collection of

information requirements for purposes

of the Paperwork Reduction Act (44

U.S.C. Chapter 35, 5 CFR part 1320).

List of Subjects in 32 CFR Part 767

Aircraft, Archeology, Educational

research, Government property,

Government property management,

Historic preservation, Research, Vessels.

For the reasons stated in the

preamble, the Department of the Navy

adds 32 CFR part 767 to read as follows:

PART 767—APPLICATION

GUIDELINES FOR ARCHEOLOGICAL

RESEARCH PERMITS ON SHIP AND

AIRCRAFT WRECKS UNDER THE

JURISDICATION OF THE

DEPARTMENT OF THE NAVY

Subpart A—Regulations and Obligations

Sec.

767.1 Purpose.

767.2 Definitions.

767.3 Policy.

Subpart B—Permit Guidelines

Sec.

767.4 Application for permit.

767.5 Evaluation of permit application.

767.6 Credentials of principal investigator.

767.7 Conditions of permits.

767.8 Requests for amendments or

extensions of active permits.

767.9 Content of permit holder’s final

report.

767.10 Monitoring of performance.

767.11 Violations of permit conditions.

767.12 References for submission of permit

application to conduct archeological

research.

Authority: 5 U.S.C. 301; 16 U.S.C. 470.

Subpart A—Regulations and

Obligations

§ 767.1 Purpose.

(a) The purpose of this part is to

establish the requirement and

procedural guidelines for permits to

conduct research on and/or recover

Department of the Navy (DON) ship and

aircraft wrecks.

(b) The U.S. Naval Historical Center’s

(NHC) Office of Underwater Archeology

is the DON command responsible for

managing DON ship and aircraft wrecks

under the guidelines of the Federal

Archeological Program. In order for the

NHC’s management policy to be

consistent with the Federal Archeology

Program, and the goals of the NHPA,

DON has implemented a permitting

process applicable to DON property

consistent with and applying the

Archeological Resources Protection Act

of 1979 as amended (ARPA), 16 U.S.C.

470aa–mm, permitting criteria.

Department of the Navy policies

regarding its ship and aircraft wrecks

are consistent with ARPA permitting

requirements. Department of the Navy

application of ARPA permitting criteria

promotes consistency among federal

agencies and meets DON’s

responsibilities under the NHPA while

allowing qualified non-federal and

private individuals and entities access

to DON historic ship and aircraft

wrecks.

(c) To assist NHC in managing,

protecting, and preserving DON ship

and aircraft wrecks.

§ 767.2 Definitions.

Aircraft wreck means the physical

remains of an aircraft, intact or

otherwise, its cargo, and other contents.

Aircraft wrecks are classified as either

historic structures or archeological sites.

Archeological site means the location

of an event, a prehistoric or historic

occupation or activity, or a building or

structure, whether standing, ruined, or

vanished, where the location itself

maintains historical or archeological

value regardless of the value of any

existing structure. A ship or aircraft

wreck, along with its debris field, is an

archaeological site when it lacks the

structural integrity of an intact aircraft

or vessel and when it and its location

retain archeological or historical value

regardless of the value of any existing

remains.

Artifact means any object or

assemblage of objects, regardless of age,

whether in situ or not, that may carry

archeological or historical information

that yields or is likely to yield

information to the scientific study of

culture or human history.

Cultural resource means any

prehistoric or historic district, site,

building, structure, or object, including

artifacts, records, and material remains

related to such a property or resource.

Historic aircraft wrecks or shipwrecks

are classified as either archeological

sites or historic structures.

Gravesite means any natural or

prepared physical location, whether

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31081

originally below, on, or above the

surface of the earth, where individual

human remains are deposited.

Historic structure means a structure

made up of interdependent and

interrelated parts in a definite pattern or

organization. Constructed by humans, it

is often an engineering project large in

scale. An aircraft wreck or shipwreck is

a historic structure when it is relatively

intact and when it and its location

retain historical, architectural, or

associative value.

Permit holder means any person

authorized and given the exclusive right

by the NHC to conduct any activity

under these regulations.

Permitted activity means any activity

that is authorized by the NHC under the

regulations in this part.

Research vessel means any vessel

employed for scientific purposes under

the regulations in this part.

Ship wreck means the physical

remains of a vessel, intact or otherwise,

its cargo, and other contents.

Shipwrecks are classified as either

historic structures or archeological sites.

Wrecksite means the location of a ship

or aircraft that has been sunk, crashed,

ditched, damaged, or stranded. The

wreck may be intact or scattered, may be

on land or in water, and may be a

structure or a site. The site includes the

physical remains of the wreck and all

other associated artifacts.

§ 767.3 Policy.

(a) The Naval Historical Center’s

policy has been to evaluate each DON

ship and aircraft wreck on an individual

basis. In some cases, the removal of

DON ship and aircraft wrecks may be

necessary or appropriate to protect the

cultural resource and/or to fulfill other

NHC goals, such as those encompassing

research, education, public access, and

appreciation. Recovery of DON ship and

aircraft wrecks may be justified in

specific cases where the existence of a

cultural resource may be threatened.

Therefore, recovery of some or all of a

cultural resource may be permitted for

identification and/or investigation to

answer specific questions; or the

recovery presents an opportunity for

public research or education.

(b) Generally, DON ship and aircraft

wrecks will be left in place unless

artifact removal or site disturbance is

justified and necessary to protect DON

ship and aircraft wrecks, to conduct

research, or provide public education

and information that is otherwise

inaccessible. While NHC prefers nondestructive, in situ research on DON

ship and aircraft wrecks, it recognizes

that site disturbance and/or artifact

recovery is sometimes necessary. At

such times, site disturbance and/or

archeological recovery may be

permitted, subject to conditions

specified by NHC.

Subpart B—Permit Guidelines

§ 767.4 Application for permit.

(a) To request a permit application

form, please write to: Department of the

Navy, U.S. Naval Historical Center,

Office of the Underwater Archeologist,

805 Kidder Breese St. SE, Washington

Navy Yard, DC 20374–5060. Telefax

number: 202–433–2729.

(b) Applicants must submit three

copies of their completed application at

least 120 days in advance of the

requested effective date to allow

sufficient time for evaluation and

processing. Requests should be sent to

the Department of the Navy, U.S. Naval

Historical Center, Office of the

Underwater Archeologist, 805 Kidder

Breese St. SE, Washington Navy Yard,

DC 20374–5060.

(c) If the applicant believes that

compliance with one or more of the

factors, criteria, or procedures in the

guidelines contained in this part is not

practicable, the applicant should set

forth why and explain how the purposes

of NHC are better served without

compliance with the specified

requirements. Permits are valid for one

year from the issue date.

§ 767.5 Evaluation of permit application.

(a) Permit applications for

archeological research are reviewed for

completeness, compliance with program

policies, and adherence to the

guidelines of this subpart. Incomplete

applications will be returned to the

applicant for clarification. Complete

applications are reviewed by NHC

personnel and, when necessary, outside

experts. In addition to the criteria set

forth in § 767.6, applications are also

judged on the basis of: relevance or

importance; archeological merits;

appropriateness and environmental

consequences of technical approach;

and qualifications of the applicants.

(b) Under certain circumstances, it

may be necessary to consult with the

State Historic Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP) about the

need to comply with section 106 of the

NHPA. A section 106 review may

require the NHC to consult with the

appropriate SHPO and the ACHP. The

ACHP review can take up to 60 days

beyond the NHC’s required 120-day

review. Therefore, the entire review

process may take up to 180 days.

(c) The NHC shall send applications

for research at sites located in units of

the national park system, national

wildlife refuge system, and national

marine sanctuary system to the

appropriate Federal land manager for

review. The Federal land manager is

responsible for ensuring that the

proposed work is consistent with any

management plan or established policy,

objectives or requirements applicable to

the management of the public lands

concerned. NHC shall send applications

for research at sites located on state

bottomlands to the appropriate state

agency for review. The burden of

obtaining any and all additional permits

or authorizations, such as from a state

or foreign government or agency, private

individual or organization, or from

another federal agency, is on the

applicant.

(d) Based on the findings of the NHC

evaluation, the NHC Underwater

Archeologist will recommend an

appropriate action to the NHC Director.

If approved, NHC will issue the permit;

if denied, applicants are notified of the

reason for denial and may appeal within

30 days of receipt of the denial. Appeals

must be submitted in writing to:

Director of Naval History, Naval

Historical Center, 805 Kidder Breese St.

SE, Washington Navy Yard, DC 20374–

5060.

§ 767.6 Credentials of principal

investigator.

A resume or curriculum vitae

detailing the professional qualifications

and professional publications and

papers of the principal investigator (PI)

must be submitted with the permit

application. The PI must have: a

graduate degree in archeology,

anthropology, maritime history, or a

closely related field; at least one year of

professional experience or equivalent

specialized training in archeological

research, administration or

management; at least four months of

supervised field and analytic experience

in general North American historic

archaeology and maritime history; the

demonstrated ability to carry research to

completion; and at least one year of fulltime professional experience at a

supervisory level in the study of historic

marine archeological resources. This

person shall be able to demonstrate

ability in comprehensive analysis and

interpretation through authorship of

reports and monographs.

§ 767.7 Conditions of permits.

(a) Upon receipt of a permit, permit

holders must counter-sign the permit

and return copies to the NHC and the

applicable SHPO, Federal or State land

manager, or foreign government official

prior to conducting permitted activities

31082 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

on the site. Copies of countersigned

permits should also be provided to the

applicable federal land manager when

the sunken vessel or aircraft is located

within a unit of the national park

system, the national wildlife refuge

system, or the national marine sanctuary

system.

(b) Permits must be carried aboard

research vessels and made available

upon request for inspection to regional

preservation personnel or law

enforcement officials. Permits are nontransferable. Permit holders must abide

by all provisions set forth in the permit

as well as applicable state or Federal

regulations. Permit holders should abide

by applicable regulations of a foreign

government when the sunken vessel or

aircraft is located in foreign waters. To

the extent reasonably possible, the

environment must be returned to the

condition that existed before the activity

occurred.

(c) Upon completion of permitted

activities, the permit holder is required

to submit to NHC a working and diving

log listing days spent in field research,

activities pursued, and working area

positions.

(d) The permit holder must prepare

and submit a final report as detailed in

§ 767.9, summarizing the results of the

permitted activity.

(e) The permit holder must agree to

protect all sensitive information

regarding the location and character of

the wreck site that could potentially

expose it to non-professional recovery

techniques, looters, or treasure hunters.

Sensitive information includes specific

location data such as latitude and

longitude, and information about a

wreck’s cargo, the existence of

armaments, or the knowledge of

gravesites.

(f) All recovered DON cultural

resources remain the property of the

United States. These resources and

copies of associated archaeological

records and data will be preserved by a

suitable university, museum, or other

scientific or educational institution and

must meet the standards set forth in 36

CFR part 79, Curation of Federally

Owned and Administered Archeological

Collections, at the expense of the

applicant. The repository shall be

specified in the permit application.

§ 767.8 Requests for amendments or

extensions of active permits.

(a) Requests for amendments to active

permits (e.g., a change in study design

or other form of amendment) must

conform to the regulations in this part.

All necessary information to make an

objective evaluation of the amendment

should be included as well as reference

to the original application.

(b) Permit holders desiring to

continue research activities must

reapply for an extension of their current

permit before it expires. A pending

extension or amendment request does

not guarantee extension or amendment

of the original permit. Therefore, you

must submit an extension request to

NHC at least 30 days prior to the

original permit’s expiration date.

Reference to the original application

may be given in lieu of a new

application, provided the scope of work

does not change significantly.

Applicants may apply for one-year

extensions subject to annual review.

(c) Permit holders may appeal denied

requests for amendments or extensions

to the appeal authority listed in § 767.5.

§ 767.9 Content of permit holder’s final

report.

The permit holder’s final report shall

include the following:

(a) A site history and a contextual

history relating the site to the general

history of the region;

(b) A master site map;

(c) Feature map(s) of the location of

any recovered artifacts in relation to

their position within the wrecksite;

(d) Photographs of significant site

features and significant artifacts both in

situ and after removal;

(e) If applicable, a description of the

conserved artifacts, laboratory

conservation records, and before and

after photographs of the artifacts at the

conservation laboratory;

(f) A written report describing the

site’s historical background,

environment, archeological field work,

results, and analysis;

(g) A summary of the survey and/or

excavation process; and

(h) An evaluation of the completed

permitted activity that includes an

assessment of the permit holder’s

success of his/her specified goals.

§ 767.10 Monitoring of performance.

Permitted activities will be monitored

to ensure compliance with the

conditions of the permit. NHC on-site

personnel, or other designated

authorities, may periodically assess

work in progress by visiting the study

location and observing any activity

allowed by the permit or by reviewing

any required reports. The discovery of

any potential irregularities in

performance under the permit will be

promptly reported and appropriate

action will be taken. Permitted activities

will be evaluated and the findings will

be used to evaluate future applications.

§ 767.11 Violations of permit conditions.

The Director of Naval History, the

Underwater Archeologist for DON, or

his/her designee may, amend, suspend,

or revoke a permit in whole or in part,

temporarily or indefinitely, if in his/her

view the permit holder has acted in

violation of the terms of the permit or

of other applicable regulations, or for

other good cause shown. Any such

action will be communicated in writing

to the permit holder and will set forth

the reason for the action taken. The

permit holder may appeal the action to

the appeal authority listed in § 767.5.

§ 767.12 References for submission of

permit application to conduct archeological

research.

(a) National Historic Preservation Act

of 1966, as amended (NHPA), 16 U.S.C.

470 et seq. (1999), and Protection of

Historic Properties, 36 CFR part 800.

These regulations govern the Section

106 Review Process established by the

NHPA.

(b) Secretary of the Interior’s

Standards and Guidelines for

Archeology and Historic Preservation

published on September 29, 1983 (48 FR

44716). These guidelines establish

standards for the preservation planning

process with guidelines on

implementation.

(c) Archeological Resources

Protection Act of 1979, as amended

(ARPA), 16 U.S.C. 470aa-mm, and the

Uniform Regulations, 43 CFR part 7,

subpart A. These regulations establish

basic government-wide standards for the

issuance of permits for archeological

research, including the authorized

excavation and/or removal of

archeological resources on public lands

or Indian lands.

(d) Secretary of the Interior’s

regulations, Curation of FederallyOwned and Administered Archeological

Collections, 36 CFR part 79. These

regulations establish standards for the

curation and display of federally-owned

artifact collections.

(e) Antiquities Act of 1906, Public

Law 59–209, 34 Stat. 225 (codified at 16

U.S.C. 431 et seq. (1999)).

(f) Executive Order 11593, 36 FR

8291, 3 CFR, 1971–1975 Comp., p. 559

(Protection and Enhancement of the

Cultural Environment).

(g) Department of Defense Instruction

4140.21M (DoDI 4120.21M, August

1998). Subject: Defense Disposal

Manual.

(h) Secretary of the Navy Instruction

4000.35 (SECNAVINST 4000.35, 17

August 1992). Subject: Department of

the Navy Cultural Resources Program.

(i) Naval Historical Center Instruction

5510.4. (NAVHISTCENINST 5510.4, 14

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31083

December 1995). Subject: Disclosure of

Information from the Naval Shipwreck

Database.

Dated: April 26, 2000.

J. L. Roth,

Lieutenant Commander, Judge Advocate

General’s Corp, Federal Register Liaison

Officer.

[FR Doc. 00–12076 Filed 5–15–00; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110

[CGD07–00–014]

RIN 2115–AE46, AA98

OPSAIL 2000, Port of San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of San Juan, Puerto Rico for

OPSAIL 2000 activities from 17 May

through 29 May 2000. The Coast Guard

is establishing temporary limited access

areas and Special Local Regulations to

control vessel traffic within the Port of

San Juan during this event. This action

is necessary to provide for the safety of

life on navigable waters during OPSAIL

2000. This action will restrict vessel

traffic in portions of the Port of San Juan

during specific time periods.

DATES: This rule becomes effective at 9

p.m. Atlantic Standard Time (AST) on

May 17, 2000, and terminates at 6 p.m.

AST on May 29, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, are part

of the docket CGD707–00–014 and are

available for inspection or copying at

the U.S. Coast Guard Marine Safety

Office San Juan, Puerto Rico, between

the hours of 7 a.m. and 3:30 p.m.,

Monday through Friday, except Federal

holidays. Marine Safety Office San Juan

Puerto Rico is located in the Rodriguez

& Del Valle Building, 4th Floor, Calle

San Martin, Carr #2 km 4.9, Guaynabo,

Puerto Rico 00968.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Robert Le

Fevers, U.S. Coast Guard Marine Safety

Office, San Juan at (787) 706–2440,

between 7 a.m. and 3:30 p.m., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On January 13, 2000, we published an

advanced notice of proposed

rulemaking (ANRPM) (65 FR 2095), and

on March 29, 2000 we published a

notice of proposed rulemaking (NPRM)

in the Federal Register (65 FR 16554)

titled OPSAIL 2000, Port of San Juan,

PR. We received no comments during

the comment period for the ANPRM and

two comments during the comment

period for the NPRM. No public hearing

was requested and none was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard certifies that good cause exists

from making these regulations effective

less than 30 days after Federal Register

publication. There was not sufficient

time remaining for a full 30-day delayed

effective date after the comment period

for the ANPRM and NPRM.

Furthermore, the event is very highly

publicized.

Background and Purpose

These temporary regulations are for

OPSAIL 2000 events in the Port of San

Juan, in San Juan Puerto Rico. These

events will be held from May 17

through May 29, 2000, and the Coast

Guard estimates many spectator craft

and commercial vessels will be in the

area during that period. This rule is

proposed to provide for the safety of life

on navigable waters and to promote

maritime safety and protect participants

and the Port of San Juan during this

event. The restrictions stated for the

regulated areas will be enforced at

various times throughout the official

Opsail 2000 event from May 17–29,

2000.

Discussion of Rule

These regulations create temporary

anchorage regulations and vessel

movement controls. Special local

regulations will be in effect for San Juan

Bay including the waterways and

adjacent piers along the Bar Channel,

Anegado Channel, San Antonio

Channel, Graving Dock Channel, Army

Terminal Channel and Puerto Nuevo

Channel for the period beginning at 9

p.m. on Friday, May 17 and ending at

6 p.m. on Monday, May 29. The safety

of parade participants and spectators

will require that spectator craft

including, but not limited to, jet skis

and sail boards be kept at a safe distance

from participating tall ships while the

vessels are in the harbor, whether

moving, anchored, or tied up at their

respective piers. The Bar Channel will

be closed to inbound and outbound

traffic to San Juan Harbor from 7 a.m.

to 6 p.m. on Monday, May 29 during the

Parade of Sail. No vessel will be

permitted to transit the entrance

channel during that time without

permission from the Captain of the Port.

This is required to ensure the safety of

Tall Ships during the Parade of Sail

event. Vessel movements inside the Port

of San Juan will be prohibited from 7

a.m. to 12 p.m. on May 29, 2000, except

Tall Ships departing for the Parade of

Sail, Law Enforcement Patrol vessels,

and the Puerto Rico Ports Authority

ferries. This is required to ensure the

safety of participating Tall Ships as they

queue up to depart San Juan Bay during

the Parade of Sail. The San Juan Harbor

entrance must be kept clear to ensure

safety of participant vessels. Normal

commercial vessel operations will

resume within the harbor from noon to

6 p.m., and through the harbor entrance

after all participant vessels have cleared

the harbor.

These regulations establish multiple

limited access areas and temporarily

modify existing anchorage areas within

the port area to provide for maximum

spectator viewing areas and traffic

patterns for deep draft and barge traffic.

The Parade of Sail route will extend

from the EL MORRO Fortress, coastwise

to Boca de Cangrejos Inlet where

participants will turn to the west, set

sail, and return to EL MORRO. The

safety of parade participants and

spectators will require that spectator

craft including jet skis and sail boards

be kept at a minimum of 300 yards from

parade vessels while the vessels are in

the parade route.

The vessel congestion due to the large

number of participating and spectator

vessels poses a significant threat to the

safety of life. This rulemaking is

necessary to ensure the safety of life on

the navigable waters of the United

States.

Discussion of Comments and Changes

The Coast Guard received two

comments during the comment period.

Both comments requested that the

beginning of the enforcement periods on

May 29, 2000, be changed from 7 a.m.

to 9 a.m. and 10 a.m. respectively, so

commercial vessels can be moved

through the harbor prior to the

regulations taking effect. The Coast

Guard decided not to change the time of

the regulations but advised that the

regulations as written permit vessels to

move through the regulated areas with

the permission of the Patrol

Commander. Moreover, the Coast Guard

plans to meet again with commercial

maritime interests to coordinate

requested harbor transits prior to and

during the early stages of the port

closure.