[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Proposed Rules]
[Page 54757-54760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se08-32]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0070]
RIN 1625-AA87
Security Zone; Port of Mayaguez, Puerto Rico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish moving and fixed
security zones around cruise ships entering, departing, mooring or
anchoring at the Port of Mayaguez, Puerto Rico. This proposed
regulation is necessary to protect cruise ships operating in this port.
All vessels, with the exception of servicing pilot boat and assisting
tug boats, would be prohibited from entering the security zones without
the express permission of the Captain of the Port San Juan or a
designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before November 24, 2008.
[[Page 54758]]
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0070 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid 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: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 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 Ensign Rachael Love of Sector San Juan, Prevention
Operations Department at (787) 289-2071. 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 (DOT) to use the Docket Management
Facility.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0070), 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, click on ``Search for Dockets,'' enter the docket number for
this rulemaking (USCG-2008-0070) in the Docket ID box, and click enter.
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the DOT 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, San Juan, Puerto Rico 00901
between 7 a.m. and 3:30 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
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia, and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. In addition, the ongoing operations in the Middle East
have made it prudent for U.S. ports to be on a higher state of alert
because the Al-Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to these concerns, security zones around
passenger vessels are necessary to ensure the safety and protection of
the passengers aboard. As part of the Diplomatic Security and
Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7
of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow
the Coast Guard to take actions, including the establishment of
security zones, to prevent or respond to acts of terrorism against
individuals, vessels, or public or commercial structures. Moreover, the
Coast Guard has authority to establish security zones pursuant to the
Act of June 15, 1917, as amended by the Magnuson Act of August 9, 1950
(50 U.S.C. 191 et seq.) (the ``Magnuson Act''), and implementing the
regulations promulgated by the President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal Regulations.
The Coast Guard has established similar rules in the ports of San
Juan, St. Thomas (33 CFR 165.762), and Frederiksted (33 CFR 165.763).
This regulation was not necessary in the past because cruise ships only
recently began to hail at the port of Mayaguez.
For the aforementioned reasons, the Coast Guard proposes to
establish moving and fixed security zones to prevent vessels or persons
from accessing the navigable waters around and under passenger vessels
in the Port of Mayaguez, Puerto Rico. Due to the continued heightened
security concerns, this proposed rule is necessary to provide for the
safety of the port, the vessels, and the passengers and crew on the
vessels.
Discussion of Proposed Rule
This proposed rule would require all persons and vessels to remain
at least 50 yards from any cruise ship in the Port of Mayaguez while
the cruise ship is transiting, anchored, or moored. The main purpose of
the proposed rule is to ensure the safety of all persons onboard the
cruise ship, the cruise ship itself, the environment, and the Port of
Mayaguez during a cruise ship's presence in the port.
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.
[[Page 54759]]
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 impact the public, but these potential impacts would
be minimized for the following reason: there is ample room for vessels
to navigate around this proposed security zone. Also, the Captain of
the Port San Juan may, on a case-by-case basis, allow persons or
vessels to enter the proposed security 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 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, anchor, or moor within 50
yards of a cruise ship in the Port of Mayaguez. This proposed
regulation will not have a significant impact on a substantial number
of small entities because cruise ships infrequently visit the Port of
Mayaguez and small vessel traffic would be able to safely transit
around the security zones. The Captain of the Port San Juan may, on a
case-by-case basis, allow persons or vessels to enter the proposed
security 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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Ensign Rachael
Love of Sector San Juan, Prevention Operations Department at (787) 289-
2071. The Coast Guard will not retaliate against small entities that
question or complain about 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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.
[[Page 54760]]
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, 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, 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 Sec. 165.778 to read as follows:
Sec. 165.778 Security Zone; Port of Mayaguez, Puerto Rico.
(a) Security zone. A moving and fixed security zone is established
around all cruise ships entering, departing, mooring, or anchoring in
the Port of Mayaguez, Puerto Rico. The regulated area includes all
waters from surface to bottom within a 50-yard radius of the vessel.
The zone is activated when a cruise ship on approach to the Port of
Mayaguez enters within 1 nautical mile of the Bahia de Mayaguez Range
Front Light located in position 18[deg]13[min]12[sec] N,
067[deg]10[min]46[sec] W. The zone is deactivated when a cruise ship
departs the Port of Mayaguez and is no longer within 1 nautical mile of
the Bahia de Mayaguez Range Front Light.
(b) Definitions. As used in this section:
Cruise ship means a passenger vessel greater than 100 feet in
length that is authorized to carry more than 150 passengers for hire,
except for a ferry.
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 COTP San Juan in the enforcement of the
safety zone.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, except U.S. Coast Guard or U.S. naval vessels
and servicing pilot and tug boats.
(c) Regulations. (1) No person or vessel may enter into the
security zone under this section unless authorized by the Captain of
the Port San Juan.
(2) Vessels seeking to enter a security zone established in this
section, may contact the COTP on VHF channel 16 or by telephone at
(787) 289-2041 to request permission.
(3) All persons and vessels granted permission to enter the
security zone must comply with the orders of the COTP and designated
on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard
patrol personnel include commissioned, warrant, and petty officers of
the U.S. Coast Guard.
Dated: September 2, 2008.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E8-22242 Filed 9-22-08; 8:45 am]
BILLING CODE 4910-15-P