[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26615-26617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09162]
[[Page 26615]]
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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: Final rule; correction.
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SUMMARY: By this final rule, the Coast Guard is making non-substantive
changes to the final rule that published on March 19, 2020. The final
rule became effective on April 20, 2020. However, the amendatory
instruction in the rule issued on March 19, 2020 erroneously created a
new section rather than amend the section that already existed in the
CFR. We are reissuing this final rule with updated amendatory
instructions in order to implement the changes that were intended to be
implemented by the final rule that published on March 19, 2020.
DATES: This correction is effective on May 5, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
LG Liquefied Gas
LNG Liquefied Natural Gas
LPG Liquefied Petroleum Gas
NPRM Notice of proposed rulemaking
Sec. Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this rule without prior final rule
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 when the agency for good
cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
On December 17, 2019, a notice of proposed rulemaking (NPRM)
entitled, ``Safety Zone; San Juan Harbor, San Juan, PR'' was published
in the Federal Register under USCG-2019-0460 (84 FR 68860) with a 30
day comment period. The comment period ended on January 16, 2020. No
comments were submitted during the NPRMs 30 day comment period. The
Coast Guard published a final rule on March 19, 2020, 85 FR 15724,
announcing the same changes to 33 CFR 165.754 that this rule
implements. The final rule became effective on April 20, 2020. However,
the amendatory instruction in the rule issued on March 19, 2020
erroneously created a new 33 CFR 165.754 rather than amend 33 CFR
165.754 that already existed in the CFR. We are reissuing this final
rule with updated amendatory instructions in order to implement the
changes that were intended to be implemented by the final rule that
published on March 19, 2020. Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that correcting the amendatory instructions on a final rulemaking
action that had been completed, and published in the Federal Register
with a 30 day delayed effective date; therefore, this technical
amendment is exempt from notice and comment rulemaking requirements
because the only amendment being made is to clarify in the amendatory
instructions that existing 33 CFR 165.754 is being ``revised'' and not
being added as a new section to the CFR. This revision is a non-
substantive change. This change will have no substantive effect on the
public; therefore, it is unnecessary to publish an NPRM.
For the same reasons provided in the preceding paragraph, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register under 5 U.S.C.
553(d)(3).
III. Legal Authority, Need for Rule, and Discussion
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Coast Guard published a final rule on March 19, 2020, 85 FR
15724, announcing the same changes to 33 CFR 165.754 that this rule
implements. The final rule was supposed to become effective on April
20, 2020. However, the amendatory instruction in the rule issued on
March 19, 2020 erroneously created a new 33 CFR 165.764. We are
reissuing this final rule; correction document with updated amendatory
instructions in order to implement the changes into the existing 33 CFR
165.754 that were intended by the final rule on March 19, 2020.
IV. Regulatory Analyses
We developed this 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 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.
Because this rule is not a significant regulatory action, this rule
is exempt from the requirements of Executive Order 13771. See the OMB
Memorandum titled ``Guidance Implementing Executive Order 13771, titled
`Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (April
5, 2017). This rule involves a non-substantive change in the amendatory
instruction; it will not impose any additional costs on the public. The
benefit of the non-substantive change is 33 CFR 165.754 will be
revised, and the addition of a second 33 CFR 165.754, which was
erroneously added to the the CFR will be removed.
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
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operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard did
not receive any comments from the Small Business Administration on this
rulemaking. 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.
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, Rev. 1, associated implementing instructions, 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 final rule involves a
non-substantive technical amendment. Therefore, this rule is
categorically excluded under paragraph L54 in Table 3-1 of U.S. Coast
Guard Environmental Planning Implementing Procedures 5090.1. Paragraph
L54 pertains to regulations which are editorial or procedural.
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:
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.
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(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: April 24, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-09162 Filed 5-4-20; 8:45 am]
BILLING CODE 9110-04-P