[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Rules and Regulations]
[Pages 33023-33024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15552]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-049]
RIN 2115-AE46


Special Local Regulations: San Juan Harbor, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary Special Local Regulations are being established for 
the Swimming Cross San Juan Harbor, San Juan, Puerto Rico. These 
regulations are needed to provide for the safety of life on navigable 
waters by excluding vessels from the swimming area.

DATES: This rule is effective from 10 a.m. to noon on July 22, 2001.

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 [CGD07-01-049] and are available for inspection or copying 
at Coast Guard Greater Antilles Section, La Puntilla, Old San Juan, PR 
00902 between 7 a.m. and 3:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes, Greater Antilles 
Section at (787) 729-5381.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for these 
regulations. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
contrary to national safety interests since immediate action is needed 
to minimize potential danger to the public.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because numerous swimmers will cross a navigable 
channel in a commercial port. This event has taken place several times 
over the past years, although the date changes from year to year. This 
rule creates a regulated area that will prohibit vessels from entering 
an area between the Puerto Rico Ports Authority Pier 1 to La Puntilla 
Point, then across the Anagada Channel to the Catano Ferry Terminal, 
then to Punta Catano, and then across the San Antonio Approach to the 
origin.

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. 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 (44 FR 11040, February 26, 1979). 
The regulated area will only be in effect for approximately 2 hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic effect 
upon a substantial number of small entities. ``Small entities'' include 
small business, 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 rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of San Juan Harbor, Puerto Rico from 10 a.m., to 
noon, July 22, 2001. 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 the rule will only be in 
effect for 2 hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with Federal regulations to

[[Page 33024]]

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 rule calls for no new collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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 relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

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.

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 safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233 through 1236, 49 CFR 1.46, 33 CFR 
100.35.


    2. Add temporary Sec. 100.35T-07-049 to read as follows:


Sec. 100.35T-07-049  Swimming Cross San Juan Harbor, San Juan, Puerto 
Rico.

    (a) Regulated area. The regulated area encompasses the Puerto Rico 
Ports Authority Pier 1, at position 18 deg.27'39" N 066 deg.06'48" W; 
West to La Puntilla Point at position 18 deg.27'32" N 066 deg.07'00" W; 
South crossing the San Antonio Channel and Anegado Channel to the 
Catano Ferry Terminal at position 18 deg.26'38" N 066 deg.07'02" W, 
then North East to Punta Catano at position 18 deg.26'42" N 
066 deg.06'45" W, then North back to origin, entry into which is 
prohibited for 2 hours on the day of the event. All coordinates 
referenced use Datum NAD 1983.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commanding Officer, Greater Antilles Section, San 
Juan, Puerto Rico.
    (c) Special local regulations. Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander. Spectator craft may remain in a 
spectator area to be established by the event sponsor, Commonwealth of 
Puerto Rico, Municipality of Catano, San Juan, Puerto Rico.
    (d) Dates. This rule is effective from 10 a.m. to noon on July 22, 
2001.

    Dated: June 12, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-15552 Filed 6-19-01; 8:45 am]
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