[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Rules and Regulations]
[Pages 56082-56083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28147]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP San Juan 98-065]
RIN 2115-AA97
Safety Zone Regulations: Port of Guanica, Guanica, Puerto Rico
AGENCY: U.S. Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing an emergency safety zone for
the port of Guanica, Puerto Rico. This safety zone is necessary to
protect vessels and the port from navigation hazards associated with
downed electrical power cables that stretch into Guanica Bay. Three
high tension power cables detached from the western tower and remain
attached to the eastern tower. The cables enter the water in vicinity
of the Ochoa fertilizer facility and are submerged at an unknown depth
possibly within the channel. All vessels are prohibited from anchoring
in or transiting within the prescribed safety zone unless specifically
authorized by the Captain of the Port San Juan, PR.
EFFECTIVE DATES: This regulation becomes effective at 3 p.m. on October
7, 1998 for the port of Guanica, Puerto Rico, and will remain in effect
until 6 p.m. on October 21, 1998.
FOR FURTHER INFORMATION CONTACT:
Commanding Officer, Marine Safety Office San Juan, P.O. Box 9023666,
Old San Juan, Puerto Rico, 00902-3666, Attention: Lieutenant Commander
Dreyfus, or phone (787) 729-6800 x308.
SUPPLEMENTARY INFORMATION:
Background and Purpose
This regulation is necessary to protect vessels from navigation
hazards associated with downed electrical power cables that stretch
into Guanica Bay. All vessels are prohibited from anchoring in or
transiting restricted waters and channels unless specifically
authorized by the Captain of the Port San Juan, PR. This regulation
does not apply to authorized law enforcement or search and rescue
vessels operating within the safety zone. The Captain of the Port San
Juan, PR will issue a Marine Safety Information Broadcast Notice to
Mariners (BNTM) to notify the marine community of the safety zone and
the imposed restrictions. A separate BNTM will be issued to notify when
the safety zone is no longer in effect. This regulation begins at 3
p.m. on October 7, 1998 for the port of Guanica.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation and good cause exists for
making it effective in less than 30 days after Federal Register
publication. Publishing a NPRM and delaying its effective date would be
contrary to the public interest and safety since immediate action is
needed to protect vessels from an electrical hazard and/or from
obstruction.
Regulatory Evaluation: This proposal is not a significant
regulatory action under section 3(f) of Executive Order 12866 and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that order. It has been exempted from review by the Office
of Management and Budget under that order. It is not significant under
the regulatory policies and procedures for the Department of
Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard
expects the economic impact of this rulemaking to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Small Entities: Under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), the Coast Guard considers whether this proposed rule will
have a significant economic effect upon 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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a substantial economic impact on a
substantial number of small entities as the regulations will only be in
effect for a short period.
Collection of Information: This rule contains no collection of
information requirements under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Federalism: This action has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612 and has been
determined that the rulemaking does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment: The Coast Guard has considered the
environmental impact of this action and has determined, under figure 2-
1, paragraph 34(g) of Commandant Instruction M16475.1C, that this
action is categorically excluded from further environmental
documentation. This temporary safety zone is established to deal with
an emergency situation for which a checklist and Categorical Exclusive
Determination is not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
[[Page 56083]]
Temporary Regulation
In consideration of the foregoing, Title 33, Code of Federal
Regulations, Part 165, Subpart C is amended as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A new Sec. 165.T07-065 is added to read as follows:
Sec. 165.T07-065 Safety Zone: The Port of Guanica, Guanica, Pureto
Rico.
(a) Regulated Area. The following area is designated a safety zone:
All navigable waters of Guanica Bay, Guanica, Puerto Rico.
(b) Regulations: (1) The waters in Guanica Bay are closed to vessel
traffic.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, all vessels are prohibited from anchoring in or transiting
the waters or channels of Guanica Bay unless specifically authorized by
the Captain of the Port San Juan, PR.
(3) This section does not apply to authorized law enforcement or
search and rescue vessels operating within the safety zone.
(4) The Captain of the Port San Juan, PR will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the safety zone and the restrictions imposed. A BNTM will
notify the maritime community when the safety zone is no longer in
effect.
(c) Effective Dates. This section becomes effective at 3 pm on
October 7, 1998 for the port of Guanica, Puerto Rico, and will be
terminate at 6 pm on October 21, 1998.
Dated: October 7, 1998.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, San Juan, PR.
[FR Doc. 98-28147 Filed 10-20-98; 8:45 am]
BILLING CODE 4910-15-M
