[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28167-28170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11360]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-0296]
RIN 1625-AA08
Special Local Regulation, Cruce a Nado Internacional de la Bahia
de Ponce Puerto Rico, Bahia de Ponce; Ponce, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of Bahia de Ponce in Ponce, Puerto Rico during
the Cruce a Nado Internacional de la Bahia de Ponce Puerto Rico, a
swimming event. The event is scheduled to take place on Sunday,
September 1, 2013. Approximately 100 swimmers are anticipated to
participate in the event, and no spectator vessels are anticipated to
be present. The special local regulation is necessary to provide for
the safety of life on the navigable waters of the United States during
the event. The special local regulation establishes a swim area, where
all persons and vessels, except those participating in the race or
vessels patrolling the swim area, will be prohibited from entering,
transiting through, anchoring in, or remaining within the area unless
authorized by the Captain of the Port San Juan or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2013.
Requests for public meetings must be received by the Coast Guard on
or before May 21, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Efrain Lopez, Sector San Juan Prevention Department,
Coast Guard; telephone (787) 289-2097, email [email protected]. If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email address, or a
telephone 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,
type the docket number USCG-2013-0296 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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 comments 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 the rule
based on your comments.
2. 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,
type the docket number USCG-2013-0296 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the
[[Page 28168]]
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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before May 21, 2013, using one of the 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.
B. Regulatory History and Information
The current regulations under 33 CFR 100 address safety for
reoccurring marine events. This marine event does not appear in the
current regulations; however, as it is a regulation to provide
effective control over regattas and marine parades on the navigable
waters of the United States so as to ensure safety of life in a regatta
or marine parade, this marine event needs to be temporarily added.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Cruce a Nado Internacional de la Bahia de Ponce
Puerto Rico.
D. Discussion of Proposed Rule
On September 1, 2013, Club Cruce a Nado Inc. is sponsoring the
Cruce a Nado Internacional de la Bahia de Ponce Puerto Rico, a swimming
event. The event will be held on the waters of Bahia de Ponce in Ponce,
Puerto Rico. Approximately 100 swimmers are anticipated to participate
in the event, and it is not anticipated that there will be any
spectator vessels present.
The proposed rule would establish a special local regulation that
will encompass certain waters of Bahia de Ponce in Ponce, Puerto Rico.
The special local regulation will be enforced from 3 p.m. until 6 p.m.
on September 1, 2013. The special local regulation will establish a
swim area, where only those persons participating in the race, and
those vessels patrolling the swim area may be. Non-participant people
and vessels will be prohibited from entering, transiting through,
anchoring in, or remaining within the area unless authorized by the
Captain of the Port San Juan or a designated representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the swim area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or through
a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the swim area is granted by the Captain of the Port San Juan or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan or a designated representative. The Coast Guard will
provide notice of the special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. 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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only three hours; (2) although non-participant persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the swim area, without authorization from the Captain of the Port San
Juan or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the swim
area during the enforcement period if authorized by the Captain of the
Port San Juan or a designated representative; and (4) the Coast Guard
will provide advance notification of the special local regulation to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Bahia de
Ponce encompassed within the special local regulation from 3 p.m. until
6 p.m. on September 1, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
[[Page 28169]]
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) 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.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 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 that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
creation of a special local regulation in conjunction with a regatta or
marine parade to ensure the safety of race participants and the general
public during the event. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0296 to read as follows:
Sec. 100.35T07-0296 Special Local Regulations, Cruce a Nado
Internacional de la Bahia de Ponce Puerto Rico, Bahia de Ponce; Ponce,
Puerto Rico.
(a) Regulated Area. The following regulated area is established as
a special local regulation. All coordinates are North American Datum
1983.
(1) Swim Area. All waters of Bahia de Ponce encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 17[deg]58.85 N, 66[deg]37.48 W; thence southwest to Point 2 in
position 17[deg]57.50 N, 66[deg]38.20 W; thence southeast to Point 3 in
position 17[deg]57.35 N, 66[deg]37.95 W; thence northeast to point 4 in
position 17[deg]58.73 N, 66[deg]37.25 W; thence northwest along the
northeastern shoreline of Bahia de Ponce to the origin. All persons and
vessels, except those persons participating in the race and those
vessels patrolling the swim area, are prohibited from entering,
transiting through, anchoring in, or remaining within the swim area.
(2) [Reserved]
(b) Definition. The term ``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 regulated areas.
(c) Regulations.
(1) All persons and vessels, except those persons participating in
the race and those vessels patrolling the swim area, are prohibited
from entering, transiting through, anchoring in, or remaining within
the swim area.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port San Juan by telephone at 787-289-2041, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port San Juan
or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to
[[Page 28170]]
Mariners, and on-scene designated representatives.
(d) Effective Date. This rule is will be enforced from 3 p.m. until
6 p.m. on September 1, 2013.
Dated: April 25, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-11360 Filed 5-13-13; 8:45 am]
BILLING CODE 9110-04-P