27070 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Juan 07–039] 

RIN 1625–AA00 

Safety Zone; San Juan Harbor Swim, 

Bahı`a de San Juan, San Juan, PR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for an 

annual swimming event held in San 

Juan Harbor. This safety zone is 

necessary to protect swimmers and 

provide for the safety of life on 

navigable waters by excluding vessels 

from transiting the swim area. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 13, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Sector San Juan, Attn: Prevention 

Operations Department (spw), 5 Calle La 

Puntilla, San Juan, PR 00901–1819. 

Sector San Juan Prevention Operations 

Department maintains the public docket 

for this rulemaking. Comments and 

material 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 Coast Guard Sector San Juan, 

Prevention Operations Department, 

Facilities & Waterways Division, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant junior grade Alison M. 

Schmidt, Sector San Juan, Prevention 

Operations Department, Facilities & 

Waterways Division, at (787) 289–2086. 

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 (COTP San Juan 07–

039), indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, 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 a meeting by writing to Sector San 

Juan at the address under ADDRESSES

explaining why one 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. 

Background and Purpose 

This rule is required to provide for the 

safety of life in the port of San Juan 

because each year numerous swimmers 

cross the navigable channel during an 

organized cross-harbor swim. To 

prevent injury or loss of life, a safety 

zone is required to maintain a safe 

distance between the swimmers and 

vessel traffic. This rule creates a safety 

zone that will prohibit entry by nonparticipating vessels during the event 

without the authorization of the Captain 

of the Port (COTP) San Juan. 

Discussion of Proposed Rule 

This proposed rule would establish a 

Safety Zone around the course of the 

cross-harbor swim. The safety zone 

includes all waters bound by an 

imaginary line connecting the following 

points: Point 1, La Puntilla Final, Coast 

Guard Base at position 18–27′33′′ N, 

066–07′00′′ W, then south to Point 2, 

Catan ̃ o Ferry Pier at position 18–26′36′′ 

N, 066–07′00′′ W, then east along the 

Catan ̃ o shoreline to Point 3, Punta 

Catan ̃ o at position 18–26′40′′ N, 066– 

06′48′′ W, then north to Point 4, Pier 1 

in San Juan at position 18–27′40′′ N, 

066–06′49′′ W, then back along the 

shoreline to origin at Point 1. This rule 

will be effective during daylight hours, 

defined as the hours between sunrise 

and sunset, on Sunday, July 22, 2007, or 

on a designated rain date. Specific hours 

of the event, as well as any rain date, 

will be published in a Marine Safety 

Information Bulletin and announced on 

VHF–FM in a Broadcast Notice to 

Mariners. Persons and vessels may 

request permission to enter the safety 

zone on VHF–FM channel 16 or via 

phone at (787) 289–2041. 

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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

This rule would only affect those 

vessels that would attempt to transit 

that portion of San Juan Harbor during 

daylight hours on that day. Vessels may 

receive permission to transit the safety 

zone area on a case-by-case basis with 

the permission of the COTP San Juan. 

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. 

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. Although the safety zone will 

apply to an area of the harbor 

encompassing the entire width of the 

Anegado Channel, it will only be in 

effect for a portion of one day and traffic 

will be allowed to pass through the zone 

with the permission of the Coast Guard 

COTP San Juan. Before the effective 

period, the Coast Guard will issue 

maritime advisories widely available to 

users of the channel. 

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 office 

under ADDRESSES explaining 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 

process. 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 office under ADDRESSES. The Coast 

Guard will not retaliate against small 

entities that question or complain about 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules 27071 

this rule or any policy or action of the 

Coast Guard. 

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 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 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. 

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. 

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. 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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, 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 there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this rule 

should be categorically excluded from 

further environmental review. 

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. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.T07–039 to read as 

follows: 

§ 165.T07–039 Safety Zone; San Juan 

Harbor Swim, Bah ́ıa de San Juan, San Juan, 

PR. 

(a) Regulated Area. The Coast Guard 

is establishing a temporary safety zone 

on the navigable waters of San Juan 

Harbor for an organized, cross-harbor 

swim. The safety zone is rectangular in 

shape, starting at Point 1, La Puntilla 

Final, Coast Guard Base at position 18–

27′33′′ N, 066–07′00′′ W, then south to 

Point 2, Catan ̃ o Ferry Pier at position 

18–26′36′′ N, 066–07′00′′ W, then east 

along the Catan ̃ o shoreline to Point 3, 

Punta Catan ̃ o at position 18–26′40′′ N, 

066–06′48′′ W, then north to Point 4, 

Pier 1 in San Juan at position 18–27′40′′ 

N, 066–06′49′′ W, then back along the 

shoreline to origin at Point 1. 

(b) Definitions. The following 

definitions apply to this section: 

(1) 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 (COTP) 

San Juan in the enforcement of the 

safety zone. 

(2) Daylight hours means the hours 

between sunrise and sunset. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entering, anchoring, mooring 

or transiting in the Regulated Area is 

prohibited during daylight hours on 

Sunday, July 22, 2007, or on a 


ycherry on PROD1PC64 with PROPOSALS
27072 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules 

designated rain date unless specifically 

authorized by the Coast Guard COTP 

San Juan or a designated representative. 

If necessary, a rain date for the event 

shall be designated and publicized in a 

Marine Safety Information Bulletin and 

announced on VHF-FM in a Broadcast 

Notice to Mariners. The specific hours 

of the event shall be publicized in the 

same manner. Persons and vessels may 

request permission to enter the safety 

zone on VHF-FM channel 16 or via 

phone at (787) 289–2041. 

(d) Effective Date. This rule is 

effective during daylight hours on 

Sunday, July 22, 2007, or a designated 

rain date. If necessary, the rain date will 

be announced at least 48 hours prior to 

being effective. 

Dated: April 22, 2007. 

J.E. Tunstall, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. E7–9166 Filed 5–11–07; 8:45 am] 

BILLING CODE 4910–15–P 


ycherry on PROD1PC64 with PROPOSALS