[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 A separate BNTM will be issued to notify when the safety zone is no longer in effect.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