[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Proposed Rules]
[Pages 53395-53398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21555]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0809]
RIN 1625-AA00


Safety Zone; St. Croix Coral Reef Swim, Buck Island Channel, USVI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of Buck Island Channel, St. Croix, USVI. This proposed 
regulation is necessary to provide for the safety of participants, 
marine spectators, and recreational and professional mariner traffic 
during the St. Croix Coral Reef Swim event. This zone is intended to 
restrict vessels from entering into, transiting through, or anchoring 
within the waters where the event will be held unless authorized by the 
Captain of the Port (COTP) San Juan or a designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before October 16, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0809 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid

[[Page 53396]]

duplication, please use only one of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. John Reyes of Sector San Juan, Prevention Operations 
Department at (787) 729-5381. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0809), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0809) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays; or the U.S. Coast Guard, Sector San 
Juan, 5 Calle La Puntilla Street, San Juan, Puerto Rico 00901-1800 
between 7:30 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, system of 
records notice regarding our public dockets in the January 17, 2008 
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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 Buck 
Island Channel during an organized swimming event. Buck Island Channel 
is frequented by both recreational and commercial vessels and a safety 
zone is necessary to maintain a safe distance between the swimmers and 
other users of the waterway. This rule creates a temporary regulation 
that will prohibit any non-participating vessel from entering the swim 
area without the authorization of the COTP San Juan or a designated 
representative.

Discussion of Proposed Rule

    The proposed rule establishes a temporary safety zone on the north 
shore of St. Croix in Buck Island Channel. The zone includes all waters 
bound by a line connecting the following points: Beginning at Point 1 
in position 17-44'42''N, 064-41'48''W; then north to Point 2 on Scotch 
Bank in position 17-45'36''N, 064-41'48''W; then east to Point 3 at 
Buck Island Reef National Monument Special Purpose Buoy ``J'' (LLNR 
33112.1) in position 17-46'41''N, 064-38'17''W; then northeast to Point 
4 on Buck Island Reef in position 17-47'24''N, 064-37'36''W; then east 
to Point 5 at Buck Island in position 17-47'24''N, 064-37'30''W; then 
south and east along the Buck Island shoreline to Point 6 in position 
17-47'06''N, 064-37'24''W; then southwest to Point 7 at Coakley Bay in 
position 17-45'36''N, 064-38'24''W; then west along the St. Croix 
shoreline to origin. All non-participating persons and vessels are 
prohibited from entering the regulated area without permission from the 
COTP San Juan or a designated representative. This proposed rule would 
be effective from 6 a.m. through 1 p.m. on October 19, 2008.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This rule may have an impact on the marine public, but these 
potential impacts will be minimized for the following reason: There is 
ample room for vessels to navigate around the proposed safety zone. 
Also, the Captain of the Port San Juan may, on a case-by-case basis, 
allow persons or vessels to enter the proposed safety zone.

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

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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. This rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit Buck Island Channel, St. 
Croix, USVI. This proposed regulation will not have a significant 
impact on a substantial number of small entities for the following 
reasons: (1) the event will occur on a Sunday, when no or small numbers 
of vessels transit Buck Island Channel, St. Croix, USVI; (2) small 
vessel traffic would be able to safely transit around the safety zone.
    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 (see 
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. 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 Mr. John Reyes of Sector San 
Juan, Prevention Operations Department at (787) 729-5381. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed 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 Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, 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 under the Instruction that this 
action is not likely to have a significant effect on the human 
environment. An environmental analysis checklist supporting this 
preliminary determination is available in the docket where indicated 
under ADDRESSES . We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;

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Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T07-0809 to read as follows:


Sec.  165.T07-0809  Safety Zone; St. Croix Coral Reef Swim, Buck Island 
Channel, USVI.

    (a) Regulated Area. The Coast Guard is establishing a temporary 
safety zone on the navigable waters of Buck Island Channel for the 
annual St. Croix Coral Reef Swim. The zone includes all waters bound by 
a line connecting the following points: Beginning at Point 1 in 
position 17-44'42''N, 064-41'48''W; then north to Point 2 on Scotch 
Bank in position 17-45'36''N, 064-41'48''W; then east to Point 3 at 
Buck Island Reef National Monument Special Purpose Buoy ``J'' (LLNR 
33112.1) in position 17-46'41''N, 064-38'17''W; then northeast to Point 
4 on Buck Island Reef in position 17-47'24''N, 064-37'36''W; then east 
to Point 5 at Buck Island in position 17-47'24''N, 064-37'30''W; then 
south and east along the Buck Island shoreline to Point 6 in position 
17-47'06''N, 064-37'24''W; then southwest to Point 7 at Coakley Bay in 
position 17-45'36''N, 064-38'24''W; then west along the St. Croix 
shoreline to origin. Reference Datum is NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    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.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entering, anchoring, mooring or transiting 
in this zone is prohibited unless specifically authorized by the COTP 
San Juan or a designated representative. Coast Guard Sector San Juan 
will issue broadcast notice to mariners to advise mariners of this 
zone. Persons and vessels may request permission to enter the safety 
zone on VHF-FM Channel 16 or via telephone at (787) 289-2041.
    (d) Dates. This rule is effective from 6 a.m. through 1 p.m. on 
October 19, 2008.

    Dated: August 14, 2008.
J.M. Nunan,
Captain, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. E8-21555 Filed 9-15-08; 8:45 am]
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