[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14046-14049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr09-7]
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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: Interim rule with request comments.
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SUMMARY: The Coast Guard is establishing 50 yard 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.
This interim rule excludes entry into the security zones by all
vessels, with the exception of servicing pilot boats and assisting tug
boats, without the express permission of the Captain of the Port San
Juan or a designated representative.
DATES: This interim rule is effective April 29, 2009. Comments and
related material must reach the Docket Management Facility on or before
April 29, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-0070 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) 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.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call Lieutenant Junior Grade 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
[[Page 14047]]
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.
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 provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. 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.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0070'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand 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 and may change this rule
based on your comments.
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,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0070 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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 USCG Sector San
Juan, Prevention Operations Department, 5 Calle La Puntilla, San Juan,
PR 00901, between 7:30 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of 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 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 on or before April 29, 2009 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting 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.
Regulatory Information
On September 23, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Port of Mayaguez, Puerto Rico in the
Federal Register (73 FR 54757). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
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, and Frederiksted, St. Croix. 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 is establishing
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 rule is necessary to provide for the safety of
the port, the vessels, and the passengers and crew on the vessels.
Discussion of Comments and Changes
Although no comments were received on the NPRM, the COTP would like
to receive comments on a proposed change to the regulated text before
issuing a final rule. The purpose of this change would be to clarify
which vessels are considered cruise ship vessels.
The pertinent sentence from the regulatory text in the NPRM reads
as follows:
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.
The replacement language proposed for the final rule would read as
follows:
Cruise ship means any vessel over 100 gross register tons,
carrying more than 12 passengers for hire.
The difference between the two versions is that in the final rule,
instead of being defined by its length, a cruise ship would be defined
by its gross tonnage and can carry more than 12
[[Page 14048]]
passengers instead of more than 150 passengers.
Regulatory Analyses
We developed this interim 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 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
This rule may have impact on the public, but these potential
impacts will 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 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 rule will
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 rule 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.
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), in the NPRM we offered 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 businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to 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). 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 rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this 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
[[Page 14049]]
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. Paragraph (34)(g) covers regulations
establishing, disestablishing, or changing security zones. This rule
involves establishing a security zone in the Port of Mayaguez. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
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]13'12'' N 067[deg]10'46'' 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 any vessel over 100 gross registered tons,
carrying more than 12 passengers for hire.
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 San Juan in the
enforcement of the security 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 Captain of the Port
San Juan 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.
(d) Effective period. This section is effective on April 29, 2009.
Dated: February 20, 2009.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E9-6976 Filed 3-27-09; 8:45 am]
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