[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Rules and Regulations]
[Pages 59726-59728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24158]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0686]
RIN 1625-AA00
Safety Zone; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone for all navigable waters within an area of one half mile
around each Liquefied Gas carrier entering and departing San Juan
Harbor and a 50-yard radius around each vessel when moored at the Puma
Energy dock, Cata[ntilde]o Oil dock, or Wharf B. This safety zone is
needed to protect personnel, transiting vessels, and Liquefied Gas
carriers. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port San Juan or
his designated representative.
DATES: This rule is effective from 12:01 a.m. on November 16, 2019
until 11:59 p.m. on February 28, 2020.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because initial immediate action was needed to safeguard incoming,
moored, and outgoing LNG carriers within San Juan Harbor, San Juan,
Puerto Rico. This rule extends the duration of the existing safety
zone, which would have expired on November 15, 2019, to ensure, to the
extent practicable, the immediate, continued need to safeguard
incoming, moored, and outgoing LNG carriers within the San Juan Harbor.
Specifically, this rule is being extended while go through February 28,
2020. This is necessary considering the NPRM process and allows for
time to receive public comment in order to complete the rulemaking
process to revise the existing safety zone for LPG carriers in Sec.
165.754 to include LNG carriers. Therefore, it would be contrary to the
public interest for the existing safety zone to lapse.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. Potential hazards associated with LNG carriers continues to be a
safety concern for anyone within 50-yards of these carriers. The
purpose of this rule is to extend the safety zone until February 28,
2020 to ensure the safety of vessels and the navigable waters within a
50-yard radius of LNG and LPG carriers transiting San Juan Harbor while
the NPRM process for establishing a revised safety zone in Sec.
165.754 is completed. This temporary final rule continues to 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.
IV. Discussion of the Rule
This rule extends the duration of the temporary safety zone on
navigable waters within one half mile around each Liquefied Gas carrier
entering and departing San Juan Harbor and a 50-yard radius around each
vessel when moored. This extension is necessary while the NPRM process
of revising the existing regulation in Sec. 165.754 to add LNG
carriers is ongoing. The first safety zone on this matter was effective
from September 13, 2019 until 11:59 p.m. on November 15, 2019. This
regulation extends the safety zone until 11:59 p.m. on February 28,
2020. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
If authorization to enter, transit through, anchor in, or remain
within the safety zone is granted by the COTP San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP San Juan or a designated
representative. The Coast Guard will provide notice of the safety zone
through Local Notice to Mariners, Broadcast Notice to Mariners via VHF-
FM marine channel 16, and designated on-scene representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking.
[[Page 59727]]
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will 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 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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
determined 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 rule involves a safety zone lasting 36 days that will
prohibit entry within one half mile around each Liquefied Gas carrier
entering and departing San Juan Harbor and a 50-yard radius around each
vessel when moored. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the NPRM to modify the San Juan Harbor, San Juan, Puerto
Rico safety zone is properly proposed and implemented. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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:
[[Page 59728]]
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. Add Sec. 165.T07-0686 to read as follows:
Sec. 165.T07-0686 Safety Zone; San Juan Harbor, San Juan, PR.
(a) Location. A moving safety zone is established in the following
area:
(1) The waters around Liquefied Gas (LNG) carriers entering San
Juan Harbor in an area one half mile around each vessel, beginning one
mile north of the San Juan Harbor #1 Sea Buoy, in approximate position
18-29.3 N, 66-07.6 W and continuing until the vessel is moored at the
Puma Energy dock, Cata[ntilde]o Oil dock, or Wharf B in approximate
position 18-25.8 N, 66-06.5 W. All coordinates are North American Datum
1983.
(2) The waters around Liquefied Gas 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 Liquefied Gas 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 18-25.8 N, 66-06.5 W when the vessel gets underway, and
continuing until the stern passes the San Juan Harbor #1 Sea Buoy, in
approximate position 18-28.3 N, 66-07.6 W. All coordinates referenced
use datum: NAD 83.
(b) Definition. As used in this section, the term ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP) San Juan in the enforcement of
the safety zone.
(c) Regulations. (1) No person or vessel may enter, transit, or
remain in the safety zone unless authorized by the COTP San Juan,
Puerto Rico, or a designated Coast Guard commissioned, warrant, or
petty officer. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the designated Coast
Guard commissioned, warrant, or petty officer.
(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 COTP 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) 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.
(d) Notification. The zone described in paragraphs (a)(1) through
(3) of this section will be activated upon entry of an LNG carrier into
the navigable waters of the United States in the San Juan Captain of
the Port Zone. An LNG carrier will be identifiable by the Bravo flag
(red international signal flag under Pub. 102, International Code of
Signals) flying from the outermost halyard (above the pilot house)
where it can most easily be seen. In addition to visual identification
of an LNG carrier, Coast Guard Sector San Juan will give notice through
Mariners Broadcast Notice to Mariners for the purpose of enforcement of
the temporary safety zone.
(e) Enforcement period. This section will be enforced from 12:01
a.m. on November 16, 2019 through 11:59 p.m. on February 28, 2020.
Dated: October 31, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-24158 Filed 11-5-19; 8:45 am]
BILLING CODE 9110-04-P