Regulated Navigation Area; San Juan Harbor, San Juan, PR

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-98-023]

RIN 2115-AE84

Regulated Navigation Area; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent regulated

navigation area in San Juan Harbor in the vicinity of La Puntilla in

San Juan, PR. This regulated navigation area is needed to protect

personnel and vessels moored at Coast Guard Base San Juan from the

hazards created by the wakes of passing vessel traffic. By establishing

this permanent regulation, the Coast Guard expects to reduce the risk

of personnel injury and property damage.

DATES: Comments must be received on or before August 17, 1998.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast

Guard, Marine Safety Office, P.O. Box 9023666, San Juan, PR 00902-3666.

Comments will become part of this docket and will be available for

inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:

LT D.R. Xirau, Assistant Chief Port Operations Department, USCG Marine

Safety Office San Juan at (787) 729-6800, ext 320.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking [CGD07-98-023], and the specific section of

this proposal to which each comment applies and give the reason for

each comment. The Coast Guard requests that all comments and

attachments be submitted in an 8'' X 11'' unbound format suitable for

copying and electronic filing. If this is not practical, a second copy

of any bound material is requested. Persons requesting acknowledgment

of receipt of comments should enclose a stamped, self-addressed

postcard or envelope

mment applies and give the reason for

each comment. The Coast Guard requests that all comments and

attachments be submitted in an 8'' X 11'' unbound format suitable for

copying and electronic filing. If this is not practical, a second copy

of any bound material is requested. Persons requesting acknowledgment

of receipt of comments should enclose a stamped, self-addressed

postcard or envelope. The Coast Guard will consider all comments

received during the comment period. It may change this proposal in view

of the comments received.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Commanding Officer, Marine Safety Office

San Juan at the address under ADDRESSES. The request should include the

reasons why a hearing would be beneficial. If the Coast Guard

determines that the opportunity for oral presentations will aid this

rulemaking, it will hold a public hearing at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

These proposed regulations create a regulated navigation area

requiring all vessels to maintain minimum steerageway in the vicinity

of Coast Guard Base San Juan. These proposed regulations are necessary

to provide for the safety of personnel and the protection of vessels

that are moored alongside the piers at Coast Guard Base San Juan. Coast

Guard Base San Juan is located at La Puntilla in Old San Juan, at a

junction of major channels in the San Juan Harbor. The Coast Guard

believes that a significant risk exists under current conditions

because wakes cause damage to vessels and the piers, and create major

safety hazards to personnel working onboard moored vessels.

The vessels most affected by wakes at Base San Juan are 110-foot

Coast Guard patrol boats and other smaller vessels. Heavy wakes have

caused moored vessels to roll up to 15 degrees without warning

rd

believes that a significant risk exists under current conditions

because wakes cause damage to vessels and the piers, and create major

safety hazards to personnel working onboard moored vessels.

The vessels most affected by wakes at Base San Juan are 110-foot

Coast Guard patrol boats and other smaller vessels. Heavy wakes have

caused moored vessels to roll up to 15 degrees without warning. This

places Coast Guard personnel working onboard these vessels at higher

risk of injury due to the unexpected movement brought on by wakes.

Moreover, while heavy equipment and supplies are being moved on a

vessel, a sudden roll could cause the load to be dropped or the

personnel carrying the load to lose their balance, possibly resulting

in serious injury. There have been many ``near miss'' incidents which

could have proven fatal if personnel had been directly involved,

including heavy hatches secured in the open position being jarred loose

by strong wakes and slamming shut without warning.

Heavy wakes also cause damage to property at Coast Guard Base San

Juan. Vessel hulls, cleats, stanchions, and gangways have been bent or

parted. Piers have deteriorated more rapidly due to the added stresses

of vessels affected by wakes. In addition, electrical shore ties and

fueling hoses have been pulled loose, creating very hazardous

situations. By establishing a minimum steerageway in the vicinity of La

Puntilla, the risks to personnel and property inherent to wakes will be

minimized.

Additionally, beginning in June 1998, five Coast Guard patrol boats

will be relocated to Coast Guard base San Juan. After this relocation,

there will be a total of eight Coast Guard vessels permanently

stationed in San Juan. The construction of new piers to accommodate the

additional vessels will commence prior to the end of Fiscal Year 1998.

These proposed regulations will also serve to minimize hazards during

the construction, which is expected to take one year to complete.

Regulatory Evaluation

n Juan. After this relocation,

there will be a total of eight Coast Guard vessels permanently

stationed in San Juan. The construction of new piers to accommodate the

additional vessels will commence prior to the end of Fiscal Year 1998.

These proposed regulations will also serve to minimize hazards during

the construction, which is expected to take one year to complete.

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 of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979). The Coast Guard expects the economic

impact of this proposal to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the regulatory policies and

procedures of DOT is unnecessary as the regulations only require

minimum steerage way speeds and do not limit the amount of incoming and

outgoing vessels.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632).

The Coast Guard certifies under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), that this proposal, if adopted,

would not have a significant impact on a substantial number of small

entities as there are no limits imposed on the quantity of incoming or

outgoing vessels.

Collection of Information

ss concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632).

The Coast Guard certifies under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), that this proposal, if adopted,

would not have a significant impact on a substantial number of small

entities as there are no limits imposed on the quantity of incoming or

outgoing vessels.

Collection of Information

This proposal 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 it has been determined

that the rulemaking does not have sufficient Federalism implication to

warrant the preparation of a Federalism Assessment.

Environmental Analysis

The Coast Guard has considered the environmental impact of this

proposal and has determined pursuant to figure 2-1, paragraph (34)(g)

of Commandant Instruction M16475.1C, that this proposal is

categorically excluded from further environmental documentation. A

Categorical Exclusion Determination and Environmental Analysis

Checklist will be prepared during the comment period and will be

available for inspection and copying after the comment period for this

proposed rulemaking has expired.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reports and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend Subpart F of Part 165 of Title 33, Code of Federal Regulations,

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. Add a new Sec. 165.756 to read as follows:

Sec. 165.756 Regulated Navigation Area; San Juan Harbor, San Juan,

Puerto Rico.

bpart F of Part 165 of Title 33, Code of Federal Regulations,

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. Add a new Sec. 165.756 to read as follows:

Sec. 165.756 Regulated Navigation Area; San Juan Harbor, San Juan,

Puerto Rico.

(a) Regulated Area. The following is a Regulated Navigation Area:

All the waters of San Juan Harbor bounded by the following geographic

coordinates: Lighted Buoy #11 (LLNR 30805) in approximate position 18-

27.31N, 066-07.01W; east to Puerto Rico Ports Authority Pier #3 in

approximate position 18-27.40N, 066-06.43W; south to Lighted Buoy ``A''

(LLNR 30845) in approximate position 18-26.55N, 066-06.26W; west to Nun

Buoy ``A'' in approximate position 18-27.01N, 066-06.59W; and thence

north to the point of origin. All coordinates referenced use Datum: NAD

83.

(b) Regulations. Unless otherwise authorized by the Captain of the

Port, San Juan, Puerto Rico, vessels operating in the regulated area

must travel no faster than needed for steerageway. The general

regulations in Sec. 165.13 of this part apply.

(c) Enforcement. Violations of this regulated navigation area

should be reported to the Captain of the Port, San Juan, PR.

Dated: June 5, 1998.

N.T. Saunders,

Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.

[FR Doc. 98-16240 Filed 6-17-98; 8:45 am]

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