[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46175-46176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23373]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-98-023]
RIN 2115-AE84
Regulated Navigation Area; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area in San Juan Harbor in the vicinity of La Puntilla in
San Juan, PR. This regulated navigation area is needed to protect
personnel, vessels, and equipment during the construction of piers at
Coast Guard Base San Juan from the hazards created by the wakes of
passing vessel traffic. By establishing this temporary regulation, the
Coast Guard expects to reduce the risk of personnel injury and property
damage.
DATES: This rule is effective from August 10, 1998, through August 10,
1999.
FOR FURTHER INFORMATION CONTACT:
LT D.R. XIRAU, Assistant Chief Port Operations Department, USCG Marine
Safety Office San Juan at (787) 729-6800, ext 320.
SUPPLEMENTARY INFORMATION:
Background and Purpose
These regulations create a temporary regulated navigation area
requiring all vessels to operate at no-wake speed in the vicinity of
Coast Guard Base San Juan. These regulations are necessary to provide
for the safety of personnel, vessels, and equipment during the
construction of several piers at Coast Guard Base San Juan. Coast Guard
Base San Juan is located at La Puntilla in Old San Juan, at a junction
of major channels in the San Juan Harbor. The Coast Guard believes that
a significant risk exists under current conditions because wakes cause
damage to vessels and the piers, and create major safety hazards to
personnel working on the piers and on board moored vessels.
Heavy wakes can cause damage to property while undergoing
construction at Coast Guard Base San Juan. Vessel hulls, cleats,
stanchions, and gangways have been bent or parted in the past. In
addition, electrical shore ties and fueling hoses have been pulled
loose, creating very hazardous situations. By establishing a temporary
no-wake speed zone in the vicinity of La Puntilla, the risks to
personnel and property inherent to wakes will be minimized during the
construction.
In accordance with 5 U.S.C. 533, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would have been impractical.
Construction is scheduled to begin in a few days and there was not
sufficient time to publish proposed rules prior to the construction
event nor to provide for a delayed effective date.
Regulatory Evaluation
This rule 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 of the Department of Transportation (DOT) (44 FR 11040;
[[Page 46176]]
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary as the regulations only require minimum steerage way speeds
and do not limit the amount of incoming and outgoing vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
The Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a
significant impact on a substantial number of small entities as there
are no limits imposed on the quantity of incoming or outgoing vessels.
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 it has been determined
that the rulemaking does not have sufficient Federalism implication to
warrant the preparation of a Federalism Assessment.
Environmental Analysis
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, that this rule is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination and Environmental Analysis Checklist have been
prepared and are available in the docket for inspection and copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulations
In consideration of the foregoing, the Coast Guard amends amend
Subpart F of Part 165 of Title 33, Code of Federal Regulations, 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. Add a new Sec. 165.T07-023 to read as follows:
Sec. 165.T07-023 Regulated Navigation Area; San Juan Harbor, San Juan,
Puerto Rico.
(a) Regulated Area. The following is a Regulated Navigation Area:
All the waters of San Juan Harbor bounded by the following geographic
coordinates: Lighted Buoy #11 (LLNR 30805) in approximate position (18-
27.31N. 066-07.01W; east to Puerto Rico Ports Authority Pier #3 in
approximate position 18-27.40N. 066-06.43W; south to Lighted Buoy ``A''
(LLNR 30845) in approximate position 18-26.55N, 066-06.26W; west to Can
Buoy ``A'' (LLNR 30815) in approximate position 18-27.01N, 066-06.59W;
and thence north to the point of origin. All coordinates referenced use
Datum: NAD 83.
(b) Regulations. (1) Unless otherwise authorized by the Captain of
the Port, San Juan, Puerto Rico, all vessels operating in the regulated
area must travel at no-wake speed. The general regulations in
Sec. 165.13 of this part apply.
(2) Violations of this regulated navigation area should be reported
to the Captain of the Port, San Juan, PR.
(c) Dates. This section is effective from August 10, 1998 through
August 10, 1999.
Dated: August 10, 1998.
R.C. Olsen, Jr.,
Captain U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 98-23373 Filed 8-28-98; 8:45 am]
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