Safety Zone; San Juan Harbor, San Juan, PR
| Published date | 06 March 2020 |
| Citation | 85 FR 13049 |
| Record Number | 2020-04429 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 45 (Friday, March 6, 2020)
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13049-13051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04429]
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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 without actual notice from March 6, 2020
through April 30, 2020. For the purposes of enforcement, actual notice
will be used from February 29, 2020 through March 6, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0686 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
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 issuing this temporary final rule because it continues
to be necessary to safeguard incoming, moored, and outgoing LNG
carriers within San Juan Harbor, San Juan, Puerto Rico. This rule
extends the duration of the existing 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 we complete the
rulemaking process for the associated NPRM,\1\ which proposes to
permanently revise the existing regulation in Sec. 165.754 to add LNG
carriers is ongoing. The first temporary rule was effective from
September 13, 2019 until 11:59 p.m. on November 15, 2019. The second
temporary rule extended the duration of the safety zone and is set to
expire at 11:59 p.m. on February 28, 2020. This action extends the
duration of the safety zone until 11:59 p.m. on April 30, 2020. This
action allows for time to complete the rulemaking process for the
associated NPRM. Therefore, it is impracticable and contrary to the
public interest for the existing temporary safety zone to lapse.
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\1\ See NPRM entitled, ``Safety Zone; San Juan Harbor, San Juan,
PR, which published on December 17, 2019 (84 FR 68860).
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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
[[Page 13050]]
for anyone within 50-yards of these carriers. The purpose of this rule
is to extend the current safety zone until April 30, 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 rulemaking
process is completed for the NPRM, which proposes to revise the safety
zone in Sec. 165.754. 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
A moving safety zone is established in the following areas: (1) The
waters around Liquefied Gas 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 18-29.3N, 66-07.6W
and continuing until the vessel is moored at the Puma Energy dock,
Cata[ntilde]o Oil dock, or Wharf B in approximate position 18-25.8N,
66-06.5W. (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 18-25.8N, 66-06.5W when the vessel gets
underway, and continuing until the stern passes the San Juan Harbor #1
Sea Buoy, in approximate position 18-28.3N, 66-07.6W.
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. 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
[[Page 13051]]
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 separate rulemaking (84 FR 68860) 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:
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 temporary 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 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-
29.3N, 66-07.6W and continuing until the vessel is moored at the Puma
Energy dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position
18-25.8N, 66-06.5W. 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 18-25.8N, 66-06.5W when the vessel gets underway, and
continuing until the stern passes the San Juan Harbor #1 Sea Buoy, in
approximate position 18-28.3N, 66-07.6W. 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 requirement
to fly the Bravo flag (red international signal flag under Pub. 102,
International Code of Signals) 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 rule is enforced from 12:01 a.m. on
February 29, 2020 through 11:59 p.m. on April 30, 2020.
Dated: February 28, 2020.
E.P. King,
Captain, U.S. Coast Guard,
Captain of the Port San Juan.
[FR Doc. 2020-04429 Filed 3-5-20; 8:45 am]
BILLING CODE 9110-04-P
