Safety Zone; San Juan Harbor Swim, Bahi, 27070-27072 [E7-9166]
Download as PDF
27070
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules
comments and material received during
the comment period. We may change
this proposed rule in view of them.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Public Meeting
33 CFR Part 165
[COTP San Juan 07–039]
RIN 1625–AA00
Safety Zone; San Juan Harbor Swim,
`
Bahıa de San Juan, San Juan, PR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
ycherry on PROD1PC64 with PROPOSALS
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone for an
annual swimming event held in San
Juan Harbor. This safety zone is
necessary to protect swimmers and
provide for the safety of life on
navigable waters by excluding vessels
from transiting the swim area.
DATES: Comments and related material
must reach the Coast Guard on or before
June 13, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
Sector San Juan, Attn: Prevention
Operations Department (spw), 5 Calle La
Puntilla, San Juan, PR 00901–1819.
Sector San Juan Prevention Operations
Department maintains the public docket
for this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at Coast Guard Sector San Juan,
Prevention Operations Department,
Facilities & Waterways Division,
between 7:30 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant junior grade Alison M.
Schmidt, Sector San Juan, Prevention
Operations Department, Facilities &
Waterways Division, at (787) 289–2086.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (COTP San Juan 07–
039), indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
VerDate Aug<31>2005
16:36 May 11, 2007
Jkt 211001
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Sector San
Juan at the address under ADDRESSES
explaining why one 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.
Background and Purpose
This rule is required to provide for the
safety of life in the port of San Juan
because each year numerous swimmers
cross the navigable channel during an
organized cross-harbor swim. To
prevent injury or loss of life, a safety
zone is required to maintain a safe
distance between the swimmers and
vessel traffic. This rule creates a safety
zone that will prohibit entry by nonparticipating vessels during the event
without the authorization of the Captain
of the Port (COTP) San Juan.
Discussion of Proposed Rule
This proposed rule would establish a
Safety Zone around the course of the
cross-harbor swim. The safety zone
includes all waters bound by an
imaginary line connecting the following
points: Point 1, La Puntilla Final, Coast
Guard Base at position 18–27′33″ N,
066–07′00″ W, then south to Point 2,
˜
Catano Ferry Pier at position 18–26′36″
N, 066–07′00″ W, then east along the
˜
Catano shoreline to Point 3, Punta
˜
Catano at position 18–26′40″ N, 066–
06′48″ W, then north to Point 4, Pier 1
in San Juan at position 18–27′40″ N,
066–06′49″ W, then back along the
shoreline to origin at Point 1. This rule
will be effective during daylight hours,
defined as the hours between sunrise
and sunset, on Sunday, July 22, 2007, or
on a designated rain date. Specific hours
of the event, as well as any rain date,
will be published in a Marine Safety
Information Bulletin and announced on
VHF–FM in a Broadcast Notice to
Mariners. Persons and vessels may
request permission to enter the safety
zone on VHF–FM channel 16 or via
phone at (787) 289–2041.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This rule would only affect those
vessels that would attempt to transit
that portion of San Juan Harbor during
daylight hours on that day. Vessels may
receive permission to transit the safety
zone area on a case-by-case basis with
the permission of the COTP San Juan.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
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 certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. Although the safety zone will
apply to an area of the harbor
encompassing the entire width of the
Anegado Channel, it will only be in
effect for a portion of one day and traffic
will be allowed to pass through the zone
with the permission of the Coast Guard
COTP San Juan. Before the effective
period, the Coast Guard will issue
maritime advisories widely available to
users of the channel.
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 to the office
under ADDRESSES explaining why you
think it qualifies and how and to what
degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking
process. 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 office under ADDRESSES. The Coast
Guard will not retaliate against small
entities that question or complain about
E:\FR\FM\14MYP1.SGM
14MYP1
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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.
ycherry on PROD1PC64 with PROPOSALS
Protection of Children
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.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
VerDate Aug<31>2005
16:36 May 11, 2007
Jkt 211001
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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, 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 there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
27071
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether this rule
should be categorically excluded from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T07–039 to read as
follows:
§ 165.T07–039 Safety Zone; San Juan
´
Harbor Swim, Bahıa de San Juan, San Juan,
PR.
(a) Regulated Area. The Coast Guard
is establishing a temporary safety zone
on the navigable waters of San Juan
Harbor for an organized, cross-harbor
swim. The safety zone is rectangular in
shape, starting at Point 1, La Puntilla
Final, Coast Guard Base at position 18–
27′33″ N, 066–07′00″ W, then south to
˜
Point 2, Catano Ferry Pier at position
18–26′36″ N, 066–07′00″ W, then east
˜
along the Catano shoreline to Point 3,
˜
Punta Catano at position 18–26′40″ N,
066–06′48″ W, then north to Point 4,
Pier 1 in San Juan at position 18–27′40″
N, 066–06′49″ W, then back along the
shoreline to origin at Point 1.
(b) Definitions. The following
definitions apply to this section:
(1) 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 (COTP)
San Juan in the enforcement of the
safety zone.
(2) Daylight hours means the hours
between sunrise and sunset.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entering, anchoring, mooring
or transiting in the Regulated Area is
prohibited during daylight hours on
Sunday, July 22, 2007, or on a
E:\FR\FM\14MYP1.SGM
14MYP1
27072
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Proposed Rules
ycherry on PROD1PC64 with PROPOSALS
designated rain date unless specifically
authorized by the Coast Guard COTP
San Juan or a designated representative.
If necessary, a rain date for the event
shall be designated and publicized in a
Marine Safety Information Bulletin and
announced on VHF-FM in a Broadcast
Notice to Mariners. The specific hours
VerDate Aug<31>2005
16:36 May 11, 2007
Jkt 211001
of the event shall be publicized in the
same manner. Persons and vessels may
request permission to enter the safety
zone on VHF-FM channel 16 or via
phone at (787) 289–2041.
(d) Effective Date. This rule is
effective during daylight hours on
Sunday, July 22, 2007, or a designated
rain date. If necessary, the rain date will
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
be announced at least 48 hours prior to
being effective.
Dated: April 22, 2007.
J.E. Tunstall,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. E7–9166 Filed 5–11–07; 8:45 am]
BILLING CODE 4910–15–P
E:\FR\FM\14MYP1.SGM
14MYP1
Agencies
[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Proposed Rules]
[Pages 27070-27072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9166]
[[Page 27070]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan 07-039]
RIN 1625-AA00
Safety Zone; San Juan Harbor Swim, Bahia de San Juan, San Juan,
PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for an annual swimming event held in San Juan Harbor. This safety zone
is necessary to protect swimmers and provide for the safety of life on
navigable waters by excluding vessels from transiting the swim area.
DATES: Comments and related material must reach the Coast Guard on or
before June 13, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Sector San Juan, Attn: Prevention Operations Department (spw), 5 Calle
La Puntilla, San Juan, PR 00901-1819. Sector San Juan Prevention
Operations Department maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Coast Guard Sector San Juan, Prevention Operations
Department, Facilities & Waterways Division, between 7:30 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant junior grade Alison M.
Schmidt, Sector San Juan, Prevention Operations Department, Facilities
& Waterways Division, at (787) 289-2086.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP San
Juan 07-039), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector San Juan at the address
under ADDRESSES explaining why one 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.
Background and Purpose
This rule is required to provide for the safety of life in the port
of San Juan because each year numerous swimmers cross the navigable
channel during an organized cross-harbor swim. To prevent injury or
loss of life, a safety zone is required to maintain a safe distance
between the swimmers and vessel traffic. This rule creates a safety
zone that will prohibit entry by non-participating vessels during the
event without the authorization of the Captain of the Port (COTP) San
Juan.
Discussion of Proposed Rule
This proposed rule would establish a Safety Zone around the course
of the cross-harbor swim. The safety zone includes all waters bound by
an imaginary line connecting the following points: Point 1, La Puntilla
Final, Coast Guard Base at position 18-27'33'' N, 066-07'00'' W, then
south to Point 2, Cata[ntilde]o Ferry Pier at position 18-26'36'' N,
066-07'00'' W, then east along the Cata[ntilde]o shoreline to Point 3,
Punta Cata[ntilde]o at position 18-26'40'' N, 066-06'48'' W, then north
to Point 4, Pier 1 in San Juan at position 18-27'40'' N, 066-06'49'' W,
then back along the shoreline to origin at Point 1. This rule will be
effective during daylight hours, defined as the hours between sunrise
and sunset, on Sunday, July 22, 2007, or on a designated rain date.
Specific hours of the event, as well as any rain date, will be
published in a Marine Safety Information Bulletin and announced on VHF-
FM in a Broadcast Notice to Mariners. Persons and vessels may request
permission to enter the safety zone on VHF-FM channel 16 or via phone
at (787) 289-2041.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This rule would only affect those vessels that would attempt to
transit that portion of San Juan Harbor during daylight hours on that
day. Vessels may receive permission to transit the safety zone area on
a case-by-case basis with the permission of the COTP San Juan.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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 certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. Although the safety zone will apply to an
area of the harbor encompassing the entire width of the Anegado
Channel, it will only be in effect for a portion of one day and traffic
will be allowed to pass through the zone with the permission of the
Coast Guard COTP San Juan. Before the effective period, the Coast Guard
will issue maritime advisories widely available to users of the
channel.
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 to the
office under ADDRESSES explaining why you think it qualifies and how
and to what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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 office under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about
[[Page 27071]]
this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether this
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T07-039 to read as follows:
Sec. 165.T07-039 Safety Zone; San Juan Harbor Swim, Bah[iacute]a de
San Juan, San Juan, PR.
(a) Regulated Area. The Coast Guard is establishing a temporary
safety zone on the navigable waters of San Juan Harbor for an
organized, cross-harbor swim. The safety zone is rectangular in shape,
starting at Point 1, La Puntilla Final, Coast Guard Base at position
18-27'33'' N, 066-07'00'' W, then south to Point 2, Cata[ntilde]o Ferry
Pier at position 18-26'36'' N, 066-07'00'' W, then east along the
Cata[ntilde]o shoreline to Point 3, Punta Cata[ntilde]o at position 18-
26'40'' N, 066-06'48'' W, then north to Point 4, Pier 1 in San Juan at
position 18-27'40'' N, 066-06'49'' W, then back along the shoreline to
origin at Point 1.
(b) Definitions. The following definitions apply to this section:
(1) 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 (COTP) San Juan in
the enforcement of the safety zone.
(2) Daylight hours means the hours between sunrise and sunset.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entering, anchoring, mooring or transiting
in the Regulated Area is prohibited during daylight hours on Sunday,
July 22, 2007, or on a
[[Page 27072]]
designated rain date unless specifically authorized by the Coast Guard
COTP San Juan or a designated representative. If necessary, a rain date
for the event shall be designated and publicized in a Marine Safety
Information Bulletin and announced on VHF-FM in a Broadcast Notice to
Mariners. The specific hours of the event shall be publicized in the
same manner. Persons and vessels may request permission to enter the
safety zone on VHF-FM channel 16 or via phone at (787) 289-2041.
(d) Effective Date. This rule is effective during daylight hours on
Sunday, July 22, 2007, or a designated rain date. If necessary, the
rain date will be announced at least 48 hours prior to being effective.
Dated: April 22, 2007.
J.E. Tunstall,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E7-9166 Filed 5-11-07; 8:45 am]
BILLING CODE 4910-15-P