[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Rules and Regulations]
[Pages 5526-5527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3002]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 96-077]
RIN 2115-AA97


Safety Zone Regulations: Southeast End of Vieques Island, PR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the

[[Page 5527]]

southeast end of Vieques Island during small boat operations and 
testing conducted by the U.S. Navy. This safety zone will remain in 
effect for all vessels during the following times: from 5 p.m. until 6 
a.m. local time, between February 5 to February 9, 1997, and from 5 
p.m. until 6 a.m. local time, between February 11, to February 15, 
1997. The U.S. Navy will be testing vessels at high speed in the safety 
zone. Therefore, these regulations are necessary to provide for the 
safety of life on navigable waters during the naval operations. Entry 
into this safety zone is prohibited unless authorized by the Captain of 
the Port.

EFFECTIVE DATES: This regulation becomes effective on January 31, 1997, 
at 5 p.m. local time. The safety zone will terminate on February 15, 
1997 at 6 a.m. local time.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade M.J. Simbulan or Ensign Jose A. Pena at (787) 
729-6800, ext. 380/381, Marie Safety Office, San Juan, P.O. Box 
9023666, San Juan, PR 00902-3666.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
needed to minimize the potential for hazards to the vessels affected 
and the environment. The information on this event was received within 
sufficient time to publish proposed rules in advance or provide for a 
delayed effective date.

Discussion of Regulations

    The Coast Guard is establishing a safety zone on the southeast end 
of Vieques Island during small boat operations and testing conducted by 
the U.S. Navy. This safety zone will remain in effect for all vessels 
during the following times: from 5 p.m. until 6 am local time, between 
January 31 to February 4, 1997, from 6:30 a.m. until 4 p.m. local time, 
between February 5 to February 9, 1997, and from 5 p.m. until 6 a.m. 
local time, between February 11 to February 15, 1997. The U.S. Navy 
will be testing vessels at high speed in the safety zone. Therefore, 
these regulations are necessary to provide for the safety of life on 
navigable waters during the naval operations. Entry into this safety 
zone is prohibited unless authorized by the Captain of the Port.
    The safety zone will encompass an area of approximately 13 square 
miles. The safety zone extends northward from latitude 18-05.0 N to the 
South coast of Vieques Island or latitude 18-08.0 N. The safety zone is 
bound on the east by longitude 065-21.0 W and on the west by longitude 
065-16.0 W. This regulation is issued pursuant to 33 U.S.C. 1225 and 
1231 as set out in the authority citation for all of Part 165.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget 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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory polices and procedures of DOT is unnecessary. 
This safety zone will be effective for a limited number of days and 
affect a small area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdiction with 
populations of less than 50,000. The Coast Guard certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities because the regulation will be effective for a 
limited number of days and affect a limited area.

Collection of Information

    This rule contain no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is 
categorically excluded from further environmental documentation. In 
accordance with section 2.B.2.e.(34)(g), the Coast Guard has completed 
an Environmental Impact Determination and a Categorical Exclusion 
Checklist.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulations

    In consideration of the foregoing, Subpart C of Part 165 of title 
33, Code of Federal Regulations, the Coast Guard amends as follows:

PART 165--[AMENDED]

    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 and 160.5; 49 CFR 1.46.

    2. A new 165.T96-077 is added to read as follows:


Sec. 165.T96-077  Safety Zone: Southeast end of Vieques Island, PR.

    (a) Location. The following area is a safety zone:
    A four-sided box bounded on the north by the south shore of Vieques 
or latitude 18-08.0 N, bounded on the south by latitude 18-05.0 N, 
bounded on the east by longitude 65-16.0 W, and bounded on west by 
longitude 65-21.0 W.
    (b) Effective date. This regulation becomes effective at 5 p.m. 
local time on 31 January 1997. It will terminate at approximately 6 am 
local time on 15 February 1997, unless terminated sooner by the Coast 
Guard Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port.

    Dated: January 24, 1997.
B.M. Salerno,
Commander, U.S. Coast Guard, Captain of the Port, San Juan, Puerto 
Rico.
[FR Doc. 97-3002 Filed 2-5-97; 8:45 am]
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