[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Proposed Rules]
[Page 53395-53398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se08-13]
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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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