6 March 2009

[Federal Register: March 6, 2009 (Volume 74, Number 43)]
[Rules and Regulations]               
[Page 9768-9770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr09-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0440]
RIN 1625-AA87

 
Security Zone; Coast Guard Base San Juan, San Juan Harbor, PR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone of 
100 yards around the Coast Guard Base in San Juan, Puerto Rico. The 
security zone is needed for national security reasons to protect the 
public and the Coast Guard base from potential subversive acts. This 
rule would exclude entry into the security zone by all vessels and 
personnel without permission of the U.S. Coast Guard Captain of the 
Port San Juan (COTP).

DATES: This rule is effective April 6, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0440 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2008-0440 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
two locations: The 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays and the USCG Sector San 
Juan, Prevention Operations Department, 5 Calle La Puntilla, San Juan, 
Puerto Rico 00901 between 7:30 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Junior Grade Rachael Love of Sector San Juan, 
Prevention Operations Department at (787) 289-2071. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 30, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone; Coast Guard Base San Juan, San Juan 
Harbor, Puerto Rico in the Federal Register (73 FR 56773). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The Coast Guard docking facilities at La Puntilla in Old San Juan 
are home to six Coast Guard cutters and six Coast Guard small boats. 
Incidents of unknown vessels mooring up to the Coast Guard piers have 
occurred twice in the past year. In addition, suspected surveillance in 
the form of photography has been performed by unknown individuals 
located in close proximity to the Coast Guard base on more than one 
occasion. These incidents pose a potential threat to national security 
and may lead to subversive acts against the personnel or equipment 
located at the Coast Guard base.
    This rulemaking attempts to solve the problem by prohibiting all 
persons and vessels from entering in, transiting through or remaining 
in a security zone extending 100 yards seaward from the water's edge of 
the Coast Guard La Puntilla facility.

Discussion of Comments and Changes

    No comments were received as a result of publishing the NPRM; 
therefore no changes have been made to the regulatory text.

Regulatory Analyses

    We developed this 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.
    This rule is not a significant regulatory action because the 
security zone only extends 100 yards from Base San Juan and does not 
impede any regular vessel traffic (i.e., cruise ships, ferries, small 
passenger vessels, etc.). Vessels will be able to transit safely around 
the zone. In the event that a vessel or person feels the need to 
temporarily transit through the proposed security zone, the COTP will 
handle the requests on a case-by-case basis.

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 or anchor in the proposed zone. The impact would not be 
economically significant because vessels would be able to transit 
around the zone. The zone does not encompass any portions of any 
shipping channels and would only affect those vessels transiting the 
area adjacent to the Coast Guard facility.

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

[[Page 9769]]

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 
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 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. Therefore, this rule is categorically excluded, under 
section 2.B.2, 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 at the Coast Guard Base in San Juan, Puerto Rico.
    Neither an environmental assessment nor an environmental impact 
statement is required. 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.776 to read as follows:


Sec.  165.776  Security Zone; Coast Guard Base San Juan, San Juan 
Harbor, Puerto Rico

    (a) Location. The following area is a security zone: All waters 
from surface to bottom, encompassed by an imaginary line connecting the 
following points, beginning at 18[deg]27'39'' N, 066[deg]06'56'' W; 
then east to Point 2 at 18[deg]27'39'' N, 066[deg]06'52'' W; then south 
to Point 3 at 18[deg]27'35'' N, 066[deg]06'52'' W; then southwest to 
Point 4 at 18[deg]27'30'' N, 066[deg]06'59'' W; then northeast to Point 
5 at 18[deg]27'25'' N, 066[deg]07'07'' W; then north to Point 6 at 
18[deg]27'46'' N, 066[deg]07'10'' W; then back to shore at the 
northwest end of the CG facility at Point 7 at 18[deg]27'46'' N, 
066[deg]07'07'' W. These coordinates are based upon North American 
Datum 1983.
    (b) Definitions. As used in this section--
    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.

[[Page 9770]]

    (c) Regulations. (1) No person or vessel may enter into the 
security zone described in paragraph (a) of this section unless 
authorized by the Captain of the Port San Juan.
    (2) Vessels seeking to enter the security zone established in this 
section may contact the COTP on VHF channel 16 or by telephone at (787) 
289-2041 to request permission.

    Dated: February 5, 2009.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E9-4812 Filed 3-5-09; 8:45 am]

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