Security Zone; Port of Mayaguez, Puerto Rico, 14046-14049 [E9-6976]
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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
regulations implementing and enforcing
its terms, 29 CFR Part 470, which
required government contractors and
subcontractors to post notices informing
their employees of certain rights under
federal law. These regulations also
required federal contracting agencies
and covered government contractors
and subcontractors to include certain
provisions of the Order in their
contracts, subcontracts, and purchase
orders.
Because Executive Order 13496
expressly revokes Executive Order
13201, the authority for the Secretary’s
implementing regulations at 29 CFR Part
470 no longer exists. As a result, the
implementing regulations are now
without force and effect, and the
Secretary no longer enforces them.
Consequently, this final rule rescinds
these regulations.
The Secretary has determined that it
need not publish the rescission of these
regulations as a proposed rule, as
generally required by the
Administrative Procedure Act (‘‘APA’’),
5 U.S.C. 553(b). Notice to the public and
provision of a public comment period
for this rule are unnecessary because
Executive Order 13201, which
authorized 29 CFR Part 470, has been
revoked, and, therefore, no legal basis
exists for these regulations.
Furthermore, Section 13 of Executive
Order 13496 provides that regulations
implementing Executive Order 13201
shall be promptly revoked. Therefore,
good cause exists for dispensing with
the notice and comment requirements of
the APA. 5 U.S.C. 553(b)(B). For the
same reasons, good cause exists to make
this rule effective immediately upon
publication of this rule. 5 U.S.C.
553(d)(3).
Regulatory Procedures
Executive Order 12866
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This final rule has been drafted and
reviewed in accordance with Executive
Order 12866, section 1(b), Principles of
Regulation. The Department has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review. The
Department has also determined that
this rule is not ‘‘economically
significant’’ as defined in section 3(f)(1)
of Executive Order 12866. Therefore, the
information enumerated in section
6(a)(3)(C) of the order is not required.
Regulatory Flexibility Act
This rescission is not a rule as defined
in the Regulatory Flexibility Act (5
U.S.C. 601(2) and 604(a)) because a
general notice of proposed rulemaking
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was not published nor an opportunity
for notice and public comment provided
in connection therewith. Therefore, a
regulatory flexibility analysis under the
Regulatory Flexibility Act is not
required. The Secretary has certified
this conclusion to the Chief Counsel for
Advocacy of the Small Business
Administration.
DEPARTMENT OF HOMELAND
SECURITY
Unfunded Mandates Reform
Security Zone; Port of Mayaguez,
Puerto Rico
Unfunded Mandates Reform Act of
1995—This rule will not include any
Federal mandate that may result in
increased expenditures by State, local,
and tribal governments, in the aggregate,
of $100 million or more, or in increased
expenditures by the private sector of
$100 million or more.
Paperwork Reduction Act
This rule contains no new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 29 CFR Part 470
Administrative practice and
procedure, Government contracts,
Union dues, Labor unions.
Accordingly, pursuant to Executive
Order 13496 and for the reasons stated
herein, the Secretary hereby amends
Title 29 of the Code of Federal
Regulations, Subchapter C, by removing
Part 470 and reserving it for future use.
■
Authority: Executive Order 13496.
Signed in Washington, DC, this 24th day of
March, 2009.
Shelby Hallmark,
Acting Assistant Secretary for Employment
Standards.
Andrew D. Auerbach,
Deputy Director, Office of Labor-Management
Standards.
[FR Doc. E9–6926 Filed 3–27–09; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0070]
RIN 1625–AA87
Coast Guard, DHS.
Interim rule with request
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing 50 yard moving and fixed
security zones around cruise ships
entering, departing, mooring or
anchoring at the Port of Mayaguez,
Puerto Rico. This proposed regulation is
necessary to protect cruise ships
operating in this port. This interim rule
excludes entry into the security zones
by all vessels, with the exception of
servicing pilot boats and assisting tug
boats, without the express permission of
the Captain of the Port San Juan or a
designated representative.
DATES: This interim rule is effective
April 29, 2009. Comments and related
material must reach the Docket
Management Facility on or before April
29, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2008–0070 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these methods. For instructions
on submitting comments, see the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call Lieutenant Junior Grade Rachael
Love of Sector San Juan, Prevention
Operations Department at (787)–289–
2071. If you have questions on viewing
or submitting material to the docket, call
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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0070),
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 (via https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, 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 e-mail
address, or a phone 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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2008–0070’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them 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 this rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
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Advanced Docket Search option on the
right side of the screen, insert USCG–
2008–0070 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
either the Docket Management Facility
in Room W12–140 on the 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;
or the USCG Sector San Juan,
Prevention Operations Department, 5
Calle La Puntilla, San Juan, PR 00901,
between 7:30 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
We have an agreement with the
Department of Transportation to use the
Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 29, 2009 using
one of the four 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.
14047
ongoing intention to conduct armed
attacks on U.S. interests worldwide. Due
to these concerns, security zones around
passenger vessels are necessary to
ensure the safety and protection of the
passengers aboard. As part of the
Diplomatic Security and Antiterrorism
Act of 1986 (Pub. L. 99–399), Congress
amended section 7 of the Ports and
Waterways Safety Act (PWSA), 33
U.S.C. 1226, to allow the Coast Guard to
take actions, including the
establishment of security zones, to
prevent or respond to acts of terrorism
against individuals, vessels, or public or
commercial structures. Moreover, the
Coast Guard has authority to establish
security zones pursuant to the Act of
June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50
U.S.C. 191 et seq.) (the ‘‘Magnuson
Act’’), and implementing the regulations
promulgated by the President in
subparts 6.01 and 6.04 of part 6 of title
33 of the Code of Federal Regulations.
The Coast Guard has established
similar rules in the ports of San Juan, St.
Thomas, and Frederiksted, St. Croix.
This regulation was not necessary in the
past because cruise ships only recently
began to hail at the Port of Mayaguez.
For the aforementioned reasons, the
Coast Guard is establishing moving and
fixed security zones to prevent vessels
or persons from accessing the navigable
waters around and under passenger
vessels in the Port of Mayaguez, Puerto
Rico. Due to the continued heightened
security concerns, this rule is necessary
to provide for the safety of the port, the
vessels, and the passengers and crew on
the vessels.
Discussion of Comments and Changes
Regulatory Information
On September 23, 2008, we published
a notice of proposed rulemaking
(NPRM) entitled Security Zone; Port of
Mayaguez, Puerto Rico in the Federal
Register (73 FR 54757). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Although no comments were received
on the NPRM, the COTP would like to
receive comments on a proposed change
to the regulated text before issuing a
final rule. The purpose of this change
would be to clarify which vessels are
considered cruise ship vessels.
The pertinent sentence from the
regulatory text in the NPRM reads as
follows:
Background and Purpose
Since the September 11, 2001 terrorist
attacks on the World Trade Center in
New York, the Pentagon in Arlington,
Virginia, and Flight 93, the Federal
Bureau of Investigation (FBI) has issued
several warnings concerning the
potential for additional terrorist attacks
within the United States. In addition,
the ongoing operations in the Middle
East have made it prudent for U.S. ports
to be on a higher state of alert because
the Al-Qaeda organization and other
similar organizations have declared an
Cruise ship means a passenger vessel
greater than 100 feet in length that is
authorized to carry more than 150 passengers
for hire, except for a ferry.
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The replacement language proposed
for the final rule would read as follows:
Cruise ship means any vessel over 100
gross register tons, carrying more than 12
passengers for hire.
The difference between the two
versions is that in the final rule, instead
of being defined by its length, a cruise
ship would be defined by its gross
tonnage and can carry more than 12
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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
ADDRESSES)
passengers instead of more than 150
passengers.
Regulatory Analyses
We developed this interim rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Regulatory Planning and Review
This 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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This rule may have impact on the
public, but these potential impacts will
be minimized for the following reason:
there is ample room for vessels to
navigate around this proposed security
zone. Also, the Captain of the Port San
Juan may, on a case-by-case basis, allow
persons or vessels to enter the proposed
security zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit, anchor, or
moor within 50 yards of a cruise ship
in the Port of Mayaguez. This rule will
not have a significant impact on a
substantial number of small entities
because cruise ships infrequently visit
the Port of Mayaguez and small vessel
traffic would be able to safely transit
around the security zones.
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
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explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Civil Justice Reform
This 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.
Collection of Information
This rule calls 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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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 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
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systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. Paragraph
(34)(g) covers regulations establishing,
disestablishing, or changing security
zones. This rule involves establishing a
security zone in the Port of Mayaguez.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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 amends 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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
■
Dated: February 20, 2009.
E. Pino,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. E9–6976 Filed 3–27–09; 8:45 am]
DEPARTMENT OF AGRICULTURE
(a) Security zone. A moving and fixed
security zone is established around all
cruise ships entering, departing,
mooring, or anchoring in the Port of
Mayaguez, Puerto Rico. The regulated
area includes all waters from surface to
bottom within a 50-yard radius of the
vessel. The zone is activated when a
cruise ship on approach to the Port of
Mayaguez enters within 1 nautical mile
of the Bahia de Mayaguez Range Front
Light located in position 18°13′12″ N
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ACTION:
Notice of Delay of Effective
Date.
SUMMARY: The Department is delaying
the effective date of this rule for an
additional 60 days. The Department
previously delayed the effective date
and sought comment for 30 days ending
on March 2, 2009 (74 FR 5107). More
time is needed for the Forest Service to
properly respond to the comments and
to consider any potential changes to the
rule. The rule regulates the sustainable
free use, commercial harvest, and sale of
special forest products and forest
botanical products from National Forest
System lands.
DATES: The effective date for the rule
published at 73 FR 79367, December 29,
2008, is delayed until May 29, 2009.
FOR FURTHER INFORMATION CONTACT:
Richard Fitzgerald, Forest Service,
Forest Management Staff, (202) 205–
1753. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
Dated: March 25, 2009.
Ann Bartuska,
Acting Deputy Under Secretary, Natural
Resources and Environment.
[FR Doc. E9–7075 Filed 3–26–09; 11:15 am]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS–R7–EA–2007–0025; 70101–1335–
0064L6]
RIN 1018-AV72
BILLING CODE 4910–15–P
2. Add: § 165.778 to read as follows:
§ 165.778 Security Zone; Port of
Mayaguez, Puerto Rico.
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067°10′46″ W. The zone is deactivated
when a cruise ship departs the Port of
Mayaguez and is no longer within 1
nautical mile of the Bahia de Mayaguez
Range Front Light.
(b) Definitions. As used in this
section:
Cruise ship means any vessel over 100
gross registered tons, carrying more than
12 passengers for hire.
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 security
zone.
Vessel means every description of
watercraft or other artificial contrivance
used, or capable of being used, as a
means of transportation on water,
except U.S. Coast Guard or U.S. Naval
vessels and servicing pilot and tug
boats.
(c) Regulations. (1) No person or
vessel may enter into the security zone
under this section unless authorized by
the Captain of the Port San Juan.
(2) Vessels seeking to enter a security
zone established in this section, may
contact the COTP on VHF channel 16 or
by telephone at (787) 289–2041 to
request permission.
(3) All persons and vessels granted
permission to enter the security zone
must comply with the orders of the
Captain of the Port San Juan and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Effective period. This section is
effective on April 29, 2009.
14049
Forest Service
AGENCIES: Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
36 CFR Parts 223 and 261
RIN 0596–AB81
Sale and Disposal of National Forest
System Timber; Special Forest
Products and Forest Botanical
Products
AGENCY:
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Forest Service, USDA.
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Subsistence Management Regulations
for Public Lands in Alaska—2009-10
and 2010-11 Subsistence Taking of
Fish Regulations
SUMMARY: This final rule establishes
regulations for seasons, harvest limits,
methods, and means related to taking of
fish for subsistence uses during the
2009-10 and 2010-11 regulatory years.
The Federal Subsistence Board
completes the biennial process of
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]]>Agencies
[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Rules and Regulations]
[Pages 14046-14049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6976]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0070]
RIN 1625-AA87
Security Zone; Port of Mayaguez, Puerto Rico
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 50 yard moving and fixed
security zones around cruise ships entering, departing, mooring or
anchoring at the Port of Mayaguez, Puerto Rico. This proposed
regulation is necessary to protect cruise ships operating in this port.
This interim rule excludes entry into the security zones by all
vessels, with the exception of servicing pilot boats and assisting tug
boats, without the express permission of the Captain of the Port San
Juan or a designated representative.
DATES: This interim rule is effective April 29, 2009. Comments and
related material must reach the Docket Management Facility on or before
April 29, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-0070 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call Lieutenant Junior Grade Rachael Love of Sector San Juan,
Prevention Operations Department at (787)-289-2071. If you have
questions on viewing or submitting material to the docket, call
[[Page 14047]]
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0070), 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 (via https://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, 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 e-mail address, or a phone 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0070'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. 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 them 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 this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0070 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the 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; or the USCG Sector San
Juan, Prevention Operations Department, 5 Calle La Puntilla, San Juan,
PR 00901, between 7:30 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 29, 2009 using one of the four
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.
Regulatory Information
On September 23, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Port of Mayaguez, Puerto Rico in the
Federal Register (73 FR 54757). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia, and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. In addition, the ongoing operations in the Middle East
have made it prudent for U.S. ports to be on a higher state of alert
because the Al-Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to these concerns, security zones around
passenger vessels are necessary to ensure the safety and protection of
the passengers aboard. As part of the Diplomatic Security and
Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7
of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow
the Coast Guard to take actions, including the establishment of
security zones, to prevent or respond to acts of terrorism against
individuals, vessels, or public or commercial structures. Moreover, the
Coast Guard has authority to establish security zones pursuant to the
Act of June 15, 1917, as amended by the Magnuson Act of August 9, 1950
(50 U.S.C. 191 et seq.) (the ``Magnuson Act''), and implementing the
regulations promulgated by the President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal Regulations.
The Coast Guard has established similar rules in the ports of San
Juan, St. Thomas, and Frederiksted, St. Croix. This regulation was not
necessary in the past because cruise ships only recently began to hail
at the Port of Mayaguez.
For the aforementioned reasons, the Coast Guard is establishing
moving and fixed security zones to prevent vessels or persons from
accessing the navigable waters around and under passenger vessels in
the Port of Mayaguez, Puerto Rico. Due to the continued heightened
security concerns, this rule is necessary to provide for the safety of
the port, the vessels, and the passengers and crew on the vessels.
Discussion of Comments and Changes
Although no comments were received on the NPRM, the COTP would like
to receive comments on a proposed change to the regulated text before
issuing a final rule. The purpose of this change would be to clarify
which vessels are considered cruise ship vessels.
The pertinent sentence from the regulatory text in the NPRM reads
as follows:
Cruise ship means a passenger vessel greater than 100 feet in
length that is authorized to carry more than 150 passengers for
hire, except for a ferry.
The replacement language proposed for the final rule would read as
follows:
Cruise ship means any vessel over 100 gross register tons,
carrying more than 12 passengers for hire.
The difference between the two versions is that in the final rule,
instead of being defined by its length, a cruise ship would be defined
by its gross tonnage and can carry more than 12
[[Page 14048]]
passengers instead of more than 150 passengers.
Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
This rule may have impact on the public, but these potential
impacts will be minimized for the following reason: there is ample room
for vessels to navigate around this proposed security zone. Also, the
Captain of the Port San Juan may, on a case-by-case basis, allow
persons or vessels to enter the proposed security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit, anchor, or moor within 50 yards of a cruise ship in the
Port of Mayaguez. This rule will not have a significant impact on a
substantial number of small entities because cruise ships infrequently
visit the Port of Mayaguez and small vessel traffic would be able to
safely transit around the security zones.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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
[[Page 14049]]
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. Paragraph (34)(g) covers regulations
establishing, disestablishing, or changing security zones. This rule
involves establishing a security zone in the Port of Mayaguez. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add: Sec. 165.778 to read as follows:
Sec. 165.778 Security Zone; Port of Mayaguez, Puerto Rico.
(a) Security zone. A moving and fixed security zone is established
around all cruise ships entering, departing, mooring, or anchoring in
the Port of Mayaguez, Puerto Rico. The regulated area includes all
waters from surface to bottom within a 50-yard radius of the vessel.
The zone is activated when a cruise ship on approach to the Port of
Mayaguez enters within 1 nautical mile of the Bahia de Mayaguez Range
Front Light located in position 18[deg]13'12'' N 067[deg]10'46'' W. The
zone is deactivated when a cruise ship departs the Port of Mayaguez and
is no longer within 1 nautical mile of the Bahia de Mayaguez Range
Front Light.
(b) Definitions. As used in this section:
Cruise ship means any vessel over 100 gross registered tons,
carrying more than 12 passengers for hire.
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 security zone.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, except U.S. Coast Guard or U.S. Naval vessels
and servicing pilot and tug boats.
(c) Regulations. (1) No person or vessel may enter into the
security zone under this section unless authorized by the Captain of
the Port San Juan.
(2) Vessels seeking to enter a security zone established in this
section, may contact the COTP on VHF channel 16 or by telephone at
(787) 289-2041 to request permission.
(3) All persons and vessels granted permission to enter the
security zone must comply with the orders of the Captain of the Port
San Juan and designated on-scene U.S. Coast Guard patrol personnel. On-
scene U.S. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard.
(d) Effective period. This section is effective on April 29, 2009.
Dated: February 20, 2009.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E9-6976 Filed 3-27-09; 8:45 am]
BILLING CODE 4910-15-P
