[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Proposed Rules]
[Pages 68860-68863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27105]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0460]
RIN 1625-AA00
Safety Zone; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise an existing moving
safety zone for San Juan Harbor, San Juan, Puerto Rico. The proposed
revisions would expand the existing moving safety zone to include an
adjacent berthing; add a 50-yard radius around moored liquefied natural
gas and liquefied petroleum gas carriers; and update terminal names.
This action would continue to prohibit persons and vessels from
entering the safety zone, unless authorized by the Captain of the Port
San Juan or a designated representative. This action is necessary to
better meet the safety and security needs of San Juan Harbor. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 16, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0460 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Pedro Mendoza,
Sector San Juan Prevention Department, Waterways Management Division,
U.S. Coast Guard; telephone 787-729-2374, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The existing regulation in 33 CFR 165.754, contains a moving safety
zone
[[Page 68861]]
around transiting liquefied petroleum gas (LPG) carriers en route to,
or departing from, the Gulf Refinery Oil dock or the Cata[ntilde]o Oil
dock. On December 12, 2017, the Coast Guard received a request to
assess the waterway suitability of transiting and semi-permanently
moored liquefied natural gas (LNG) carriers within the San Juan Harbor.
On September 26, 2018, the Coast Guard determined the Port of San Juan
could accommodate the safe navigation and mooring of LNG carriers
within the San Juan Harbor. On July 18, 2019, a Notice was published in
the Federal Register (84 FR 34323) announcing two public meetings would
be held on July 26, 2019 by the Coast Guard and New Fortress Energy to
receive comments regarding the safe navigation and mooring of LNG
carriers through the San Juan Harbor. There were approximately 50
attendees at the public meeting. We received approximately 20 comments,
addressing 25 concerns, at the public meetings and through written
submissions made in response to the Notice announcing the public
meetings on https://www.regulations.gov under Docket Number USCG-2019-
0460.
While the Coast Guard completes the rulemaking process for this
NPRM, we published two temporary final rules (TFR) under the same
docket number (USCG-2019-0686) and both entitled ``Safety Zone; San
Juan Harbor, San Juan, PR.'' These TFRs established temporary safety
zones for navigable waters within an area of one half mile around each
LNG carrier or LPG carrier (collectively referred to as LG carriers)
entering and departing San Juan Harbor. The TFRs also established a 50-
yard radius around each vessel when moored at the Puma Energy dock,
Cata[ntilde]o Oil dock, or Wharf B. The first TFR was published on
September 13, 2019 (see 84 FR 48278), and was effective from August 23,
2019 until November 15, 2019. The second TFR was published on October
31, 2019 (84 FR 59726), and is effective until February 28, 2020.
Due to their cargoes, size, draft, and the local channel
restrictions, LNG carriers must use of the center of navigation
channels for safe transit. The COTP San Juan has determined that
potential hazards associated with LNG carriers would be a safety
concern for anyone within an area of one half mile during their transit
and a 50-yard radius while moored. The purpose of this rulemaking is to
ensure the safety of vessels and the navigable waters within one half
mile during the transit of LG carriers through San Juan Harbor and a
50-yard radius while the LG carriers are moored at Puma Energy dock,
Cata[ntilde]o Oil dock, or Wharf B. The proposed rule would safeguard
vessels at an adjacent berthing location, Puerto Nuevo Berth B, which
supplies LNG to the Puerto Rico Electric Power Authority (PREPA) and
other industrial sectors.
These regulations are necessary for the protection of life and
property on the navigable waters of the United States. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The proposed rule would amend the existing moving safety zone in 33
CFR 165.754 to include LNG carriers, in addition to LPG carriers. We
are proposing to change the terminal names, ``Gulf Refinery Oil dock or
Catano Oil dock'' currently referenced in Sec. 165.754 to ``Puma
Energy Dock, Cata[ntilde]o Oil dock, and Wharf B'' to reflect current
ownership. The current safety zone is only enforced when LPG carriers
are transiting the waters of the San Juan Harbor. However, the moving
safety zone in the proposed rule would remain in effect while LG
carriers are transiting through the Harbor, and when the carriers are
moored. A 50-yard radius is proposed to be added around an LG carriers
when these vessels are moored at the terminals. Vessels may seek
permission from the COTP to enter, transit through, anchor in, or
remain within the safety zone. The public would be notified of the
safety zone by a Marine Broadcast Notice to Mariners, which would be
issued to the maritime community before the safety zone is activated.
The proposed safety zone would continue to prohibit persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port San Juan or a designated representative. The new LNG
facility at Wharf B expects to receive one carrier every three days
with ship-to-ship transfer operations lasting approximately 18 hours in
duration. We do not anticipate this would significantly affect current
port operations or navigation. Neighboring facilities would be able to
safely continue operations when a LG carrier is transiting, moored, or
engaged in transfer operations. The proposed regulatory text appears at
the end of this document.
As noted above, we received approximately 20 comments, addressing
25 concerns, at the public meetings. A discussion of the comments and
responses follows.
Two commenters raised concerns about the source of the LNG.
Although, this comment is outside of the scope of this proposed
rulemaking, New Fortress Energy advised the Coast Guard that the gas
will be sourced from a variety of places including Trinidad and Europe.
It is unlikely to be sourced from fracking.
Four commenters asked questions about the specific operations being
conducted at the new facility. Although, this comment is outside of the
scope of this proposed rulemaking, New Fortress Energy advised they
anticipate one LNG carrier to arrive every three days and that each
ship-to-ship transfer would take around 18 hours. The gas would then be
loaded to trucks to be delivered to another primary or secondary power
source.
Three commenters raised concerns about changes to operations within
San Juan Harbor. Maritime operations within San Juan Harbor are not
expected to be hindered by the proposed safety zone, due to its limits
in size and duration during the transit and mooring of each LNG vessel.
Neighboring facilities will still be able to conduct operations as
normal during each LNG transfer.
Two commenters raised concerns about safety, specifically risk for
explosion. The Coast Guard has reviewed dispersion rates and explosive
limits of the facility's operation and has set the safety zone
accordingly to reduce the risk of such an event. Additionally, New
Fortress Energy has considered this issue and determined that the
effects of an explosion, which is considered highly unlikely, would be
contained within the property lines because there is no landed LNG
storage at the facility.
Four commenters raised concerns about not having access to certain
documents including the Letter of Intent (LOI) and Waterway Suitability
Assessment (WSA). These documents contain business and security
sensitive information and would need to be requested through the
Freedom of Information Act (FOIA). FOIA requests may be submitted in
writing via mail or overnight carrier to: Commandant (Cg-611), ATTN
FOIA Officer, US Coast Guard Stop 7710, 2703 Martin Luther King Jr Ave.
SE, Washington, DC 20593-7710.
Five commenters asked questions about the Coast Guard's rulemaking
process. We explained our rulemaking process including the purpose of
the Federal Register and the types of documents commonly uploaded to
the docket folder associated with the rulemaking and contained at
https://www.regulations.gov. This NPRM provides additional opportunity
for public comment on the proposed safety zone.
[[Page 68862]]
One commenter raised concern about climate change in Puerto Rico.
This comment is outside the scope of this rulemaking.
One commenter asked about the relationship between New Fortress
Energy and the Coast Guard. The Coast Guard shares the same
relationship and partnership with all of our stakeholders equally and
serves as regulators.
Two commenters asked about the project cost, funding source, and
consumer savings. This comment is outside the scope of this proposed
rulemaking; however, this project has received no public funding and
the cost is in the hundreds of millions.
One commenter asked if New Fortress Energy is building any other
facilities in Puerto Rico. This comment is outside the scope of this
proposed rulemaking; however, New Fortress Energy does not intend to
build other facilities in Puerto Rico at this time.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
available exceptions to the enforcement of the safety zone, and notice
to mariners. The regulated area will impact small designated areas of
navigable channels within San Juan Harbor. The rule will allow vessels
to seek permission to enter, transit through, anchor in, or remain
within the safety zone. Additionally, notifications to the marine
community will be made through Local Notice to Mariners, Broadcast
Notice to Mariners via VHF-FM marine channel 16, and on-scene
representatives. The notifications will allow the public to plan
operations around the affected areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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. 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 person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that would establish a 50-yard radius around transiting and moored
liquefied gas carriers. Normally such actions are categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures. A
preliminary Record of Environmental Consideration supporting this
determination will be available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
[[Page 68863]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 165.754 to read as follows:
Sec. 165.754 Safety Zone; San Juan Harbor, San Juan, PR.
(a) Regulated area. A moving safety zone is established in the
following area:
(1) The waters around liquefied gas (LG) carriers entering San Juan
Harbor in an area one half mile around each vessel, beginning one mile
north of the Bahia de San Juan Lighted Buoy #3, in approximate position
18[deg]28'17.8'' N, 066[deg]07'36.4'' W and continuing until the vessel
is moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or Wharf B
in approximate position 18[deg]25'47'' N, 066[deg]6'32'' W. All
coordinates are North American Datum 1983.
(2) The waters around LG carriers in a 50-yard radius around each
vessel when moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or
Wharf B.
(3) The waters around LG carriers departing San Juan Harbor in an
area one half mile around each vessel beginning at the Puma Energy
Dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position
18[deg]25'47'' N, 066[deg]6'32'' W when the vessel gets underway, and
continuing until the stern passes the Bahia de San Juan Lighted Buoy
#3, in approximate position 18[deg]28'17.8'' N, 066[deg]07'36.4'' W.
All coordinates referenced use datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transit or
remain in the safety zone unless authorized by the Captain of the Port
(COTP), San Juan, Puerto Rico, or a designated Coast Guard
commissioned, warrant, or petty officer. Those operating in the safety
zone with the COTP's authorization must comply with all lawful orders
or directions given to them by the COTP or his designated
representative.
(2) Persons desiring to transit the area of the safety zones may
contact the COTP San Juan or his designated representative to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the COTP or his
designated representative.
(3) Vessels encountering emergencies, which require transit through
the moving safety zone, should contact the Coast Guard patrol craft or
Duty Officer on VHF Channel 16. In the event of an emergency, the Coast
Guard patrol craft may authorize a vessel to transit through the safety
zone with a Coast Guard designated escort.
(4) The Captain of the Port and the Duty Officer at Sector San
Juan, Puerto Rico, can be contacted at telephone number 787-289-2041.
The Coast Guard Patrol Commander enforcing the safety zone can be
contacted on VHF-FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will, when necessary and
practicable, notify the maritime community of periods during which the
safety zones will be in effect by providing advance notice of scheduled
arrivals and departure of liquefied gas carriers via a Marine Broadcast
Notice to Mariners.
(6) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
Dated: November 27, 2019.
G.H. Magee,
Captain, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. 2019-27105 Filed 12-16-19; 8:45 am]
BILLING CODE 9110-04-P