[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Proposed Rules]
[Pages 2095-2097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-761]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100, 110, and 165
[COTP San Juan 99-088]
OPSAIL 2000, Port of San Juan, PR
AGENCY: Coast Guard, DOT.
ACTION: Advanced notice of proposed rulemaking; request for comments.
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SUMMARY: The Coast Guard requests public comment on the temporary
establishment of exclusion areas before, during, and after OPSAIL 2000
in the Port of San Juan, Puerto Rico from May 19 through May 29, 2000.
The Coast Guard anticipates a rulemaking to establish temporary limited
access areas and Special Local Regulations to control vessel traffic
within the Port of San Juan during this event, including fireworks
displays on the evenings of May 25, and May 28, 2000, and during the
Outbound Parade of Sail on Monday, May 29, 2000, and establishing new
and/or assigning currently designated Anchorage Grounds for spectator
vessels. These temporary regulations will be necessary to ensure the
safety of persons and property in the vicinity of fireworks displays
and in the movement of numerous large sail vessels (Tall Ships) during
the Parade of Sail.
DATES: Comments must be received on or before February 28, 2000.
ADDRESSES: Comments may be mailed to the U.S. Coast Guard Marine Safety
Office San Juan, P.O. Box 71526, San Juan, Puerto Rico 00936-8626, or
may be delivered to Rodriguez & Del Valle, 4th Floor, Calle San Martin,
Carr #2 km 4.9, Guaynabo, Puerto Rico, between the hours of 7 a.m. and
3:30 p.m., Monday through Friday, except Federal holidays.
Marine Safety Office, San Juan, Puerto Rico maintains the public
docket for this rulemaking. Comments, and documents as indicated in
this preamble, will become part of this docket and will be available
for inspection or copying at the Coast Guard Marine Safety Office San
Juan, between 7 a.m. and 3:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers,
U.S. Coast Guard Marine Safety Office, San Juan at (787) 706-2440,
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in the
early stages of this rulemaking by submitting written data, views, or
arguments. Please explain your reasons for each comment so that we can
carefully weigh the consequences and impacts of any future requirements
we may propose. Persons submitting comments should include their names
and addresses, identify this rulemaking (COTP San Juan 99-088) and the
specific section of this document to which each comment applies. Please
submit two copies of all comments and
[[Page 2096]]
attachments in English and in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. Persons
wanting acknowledgment of receipt of comments should enclose a stamped,
self-addressed postcard or envelope. The Coast Guard will consider all
comments received during the comment period.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the U.S. Coast Guard Marine Safety Office
at the address under ADDRESSES. The request should include the reasons
why a hearing would be beneficial. If it determines that the
opportunity for oral presentations will aid this rulemaking, the Coast
Guard will hold a public hearing at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
Opsail 2000 is sponsoring fireworks displays and the OPSAIL 2000
Parade of Tall Ships. These events are scheduled to take place from May
19 through 29, 2000, in the Port of San Juan, in San Juan Harbor. The
Coast Guard expects many spectator craft for this event. The
anticipated rulemaking will provide specific guidance on temporary
anchorage regulations, vessel movement controls, safety and security
zones that will be in effect at various times in those waters during
the period May 19 through 29, 2000. The Coast Guard may seek to
establish additional regulated areas, Anchorage Grounds with
regulations, and safety or security zones once confirmation of the
exact number of vessels and dignitaries that will be participating in
OPSAIL 2000 becomes available.
Schedule of Events
At the current time, marine related events will include the
following:
1. Starting May 19, 2000: Tall ships arrive and moor at Piers 1
through 14.
2. May 25, 2000: Fireworks display scheduled to take place from
Isla Grande.
3. May 28, 2000: Fireworks display scheduled to take place over San
Juan Harbor.
4. May 29, 2000: Outbound Parade of Sail and departure of the
participating vessels.
Discussion
The Coast Guard estimates many spectator craft and commercial
vessels (passenger vessels and charter boats) in the area during May 19
to 29, 2000. The safety of parade participants and spectators will
require that spectator craft be kept at a safe distance from the parade
route. The Coast Guard intends to establish multiple limited access
areas for the vessel parade, and to temporarily modify existing
anchorage areas within the port area to provide for maximum spectator
viewing areas and traffic patterns for deep draft and barge traffic.
The only other restriction anticipated for commercial deep draft and
barge traffic will be during the fireworks displays that begin at
approximately 9 p.m. for a duration of approximately 30 minutes. The
greatest traffic restrictions will be in place during the Outbound
Parade of Sail, when the Captain of the Port may close San Juan Harbor
for a portion of the day, and a Parade of Sail safety zone may be
enforced between the hours of 7 a.m. and 6 p.m. on Monday, May 29,
2000.
Regulatory Evaluation
At this early stage in what is still just a potential rulemaking,
the Coast Guard has not determined whether any future rulemaking may be
considered a significant regulatory action under section 3(f) of
Executive Order 12866 or the regulatory policies and procedures of the
Department of Transportation (DOT) (44 FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of any future
rulemaking to be minimal. Although the Coast Guard anticipates
restricting traffic in San Juan Harbor on Monday, May 29, 2000, the
effect of any future rulemaking will be minimized because of the
limited duration of the event and the extensive advance notifications
that will be made to the maritime community via the Federal Register,
the Local Notice to Mariners, facsimile, the internet, marine
information broadcasts, maritime association meetings, and San Juan
area newspapers, so mariners can adjust their plans accordingly. The
Coast Guard anticipates that the majority of the maritime industrial
activity in the Port of San Juan will continue relatively unaffected by
any future rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether any potential rulemaking, if it led
to an actual rule, would have a significant economic impact on a
substantial number of small entities. ``Small entities'' include 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 does not anticipate that its potential rulemaking
will have anything but a minimal impact upon small entities, but
expects that comments received on this advance notice will help it
determine the number of potentially affected small entities and in
weighing the impacts of various regulatory alternatives for the purpose
of drafting any rules.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Act of 1996 [Pub. L. 104-121], the Coast Guard wants to
assist small entities in understanding this advance notice so that they
can better evaluate the potential effects of any future rulemaking on
them and participate in the rulemaking. If you believe that your small
business, organization, or agency may be affected by any future
rulemaking, and if you have questions concerning this notice, please
consult the Coast Guard point of contact designated in FOR FURTHER
INFORMATION CONTACT. The Coast Guard is particularly interested in how
any future rulemaking may affect small entities. If you are a small
entity and believe that you may be affected by such a rulemaking,
please tell how, and what flexibility or compliance alternatives the
Coast Guard should consider to minimize the burden on small entities
while promoting port safety.
Collection of Information
The Coast Guard anticipates that any future rulemaking will not
provide for a collection of information under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this advanced notice under Executive
Order 13132. From the information currently available , we cannot
determine whether this potential rulemaking will have sufficient
federalism implications under that Order.
Unfunded Mandates Reform Act
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this potential rulemaking will result
in an annual expenditure by state, local, and tribal governments, in
the aggregate of $100 million (adjusted annually for inflation). If so,
the Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. The Coast Guard does not anticipate
that any future rulemaking will result in such expenditures, but
welcomes comments
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addressing the issue from interested parties.
Taking of Private Property
The Coast Guard anticipates that any potential rulemaking will not
effect a taking of private property or otherwise have taking
implications under E.O. 12630, Governmental Actions and Interference
with Constitutionally Protected Property Rights.
Civil Justice Reform
The Coast Guard anticipates that any potential rulemaking will meet
applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil
Justice Reform, to minimize litigation, eliminate ambiguity, and reduce
burden.
Protection of Children
The Coast Guard anticipates that any potential rulemaking will not
be economically significant and will not present an environmental risk
to health or risk to safety that may disproportionately affect children
under E.O. 13045, Protection of Children from Environmental Health
Risks and Safety Risks.
Environment
The Coast Guard anticipates that any potential rulemaking will
require an Environmental Assessment due to the advertised size of the
event and its proximity to sensitive environmental areas. An
environmental analysis has been required from the event sponsor.
Further, any potential rulemaking will be designed to minimize the
likelihood of maritime accidents and attendant environmental
consequences and to enhance the safety of participants, spectators, and
other maritime traffic. The Coast Guard invites comments addressing
possible effects that any such rulemaking may have on the human
environment or addressing possible inconsistencies with any Federal,
State, or local law or administrative determinations relating to the
environment. It will reach a final determination once it has received a
detailed parade of sail plan and environmental analysis from the
sponsor organization.
Dated: December 16, 1999.
J.A. Servidio,
Commander, Coast Guard Captain of the Port, San Juan.
[FR Doc. 00-761 Filed 1-12-00; 8:45 am]
BILLING CODE 4910-15-P
