Safety Zones; Christiansted Harbor, St. Croix, USVI

Citation85 FR 69301
Record Number2020-23886
Published date02 November 2020
SectionProposed rules
CourtCoast Guard
69301
Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Proposed Rules
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, call or email 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 eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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
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.
2. Revise § 165.758 to read as follows:
§ 165.758 Security Zone; San Juan, Puerto
Rico.
(a) Regulated area. A moving and
fixed security zone is established in the
following area:
(1) The waters within a 200-yard
radius around all cruise ships entering,
departing, or anchored in the Port of
San Juan, Puerto Rico beginning one
mile north of the Bahia de San Juan
Lighted Buoy #3, in approximate
position 18°2817.8N, 066°0736.4W
and continuing until the vessel passes
this buoy on its departure from the port.
All coordinates are North American
Datum 1983.
(2) The waters within a 50-yard radius
around all cruise ships moored in the
Port of San Juan, Puerto Rico.
(b) Regulations. (1) No person or
vessel may enter, transit or remain in
the security 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 security
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 security 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 security 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 security zones will be
in effect by providing advance notice of
scheduled arrivals and departure of
cruise ships 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.
(c) Definition. As used in this section,
cruise ship means a passenger vessel
greater than 100 feet in length that is
authorized to carry more than 150
passengers for hire, except for a ferry.
Dated: October 23, 2020.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2020–23884 Filed 10–30–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0307]
RIN 1625–AA00
Safety Zones; Christiansted Harbor, St.
Croix, USVI
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish permanent safety zones for
certain waters of the Christiansted
Harbor, St. Croix, United States Virgin
Islands when liquefied gas carriers are
in transit to, moored, or aredeparting
from the Virgin Island Water and Power
Authority (WAPA) dock. This action is
necessary to provide for the safety of life
on these navigable waters near the
WAPA dock. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zones unless
authorized by the Captain of the Port
San Juan or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before December 2, 2020.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2020–0307 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
Natallia Lopez, Sector San Juan
Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2380, email
Natallia.M.Lopez@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 28, 2020, Small Boat Station
San Juan recommended Sector San Juan
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Proposed Rules
establish permanent safety zones in
Christiansted Harbor, St. Croix, United
States Virgin Islands (USVI) because
they routinely perform escorts of
liquefied gas (LG) carriers. The Captain
of the Port San Juan (COTP) has
determined that potential hazards
associated with the transit and cargo
operation of LG carriers would be a
safety concern for anyone within a one
half mile of LG carriers during transit
and 50-yards while LG carriers while
moored at the Virgin Island Water and
Power Authority (WAPA) dock.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters during the escort and
cargo operation of LG carriers. The
Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish
permanent moving safety zones in
Christiansted Harbor, St. Croix, USVI
where Coast Guard assets routinely
perform escorts of LG carriers. This
proposed rule would establish a moving
safety zone of one-half mile around any
transiting LG carrier, beginning at
Christiansted Harbor Lighted Buoy #1
and ending when the LG Carrier moors
at the WAPA dock. Once moored there
will be a 50-yard radius safety zone
around the LG carrier. Additionally, a
moving safety zone would be
established on the waters around LG
carriers departing Christiansted Harbor
in an area one half mile around each
vessel beginning at the Virgin Island
Water and Power Authority (WAPA)
dock when the vessel gets underway,
and continuing until the stern passes
the Christiansted Harbor Lighted Buoy
#1. No vessel or person would be
permitted to enter the safety zones
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
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: 1) vessels may request
permission from the COTP to enter,
transit through, anchor in, or remain
within the safety zones; 2) the impacts
on routine navigation are expected to be
minimal; and 3) 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 call or email 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 call or email 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, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Proposed Rules
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 This proposed rule
involves a safety zone covering the
transit and mooring of liquefied gas
carriers that would prohibit entry
within one half mile. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES
section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
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, call or email 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 eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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.
We do not plan to hold public
meetings on this rulemaking due to
Novel Coronavirus (COVID–19)
concerns.
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
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.
2. Add § 165.789 to read as follows:
§ 165.789 Safety Zone; Christiansted
Harbor, St. Croix, USVI.
(a) Regulated area.
(1) A moving safety zone is
established on the the waters around
liquefied gas carriers entering
Christiansted Harbor in an area one half
mile around each vessel, beginning one
mile north of the Christiansted Harbor
Lighted Buoy #1, in approximate
position 17°4648N, 064°4148W, and
continuing until the vessel is moored at
the Virgin Island Water and Power
Authority (WAPA) dock in approximate
position 17°4506N, 064°4250W.
(2) The waters around liquefied gas
carriers in a 50-yard radius around each
vessel when moored at the Virgin Island
Water and Power Authority (WAPA)
dock.
(3) A moving safety zone is
established on the waters around
liquefied gas carriers departing
Christiansted Harbor in an area one half
mile around each vessel beginning at
the Virgin Island Water and Power
Authority (WAPA) dock in approximate
position 17°4506N, 064°4250W
when the vessel gets underway, and
continuing until the stern passes the
Christiansted Harbor Lighted Buoy #1,
in approximate position 17°4548N,
064°4148W.
All coordinates are North American
Datum 1983.
(b) Regulations.
(1) No person or vessel may enter,
transit or remain in the safety zone
unless authorized by the Captain of the
Port, San Juan, Puerto Rico, or a
designated Coast Guard commissioned,
warrant, or petty officer. Those in safety
zones 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) Vessels encountering emergencies,
which require transit through the safety
zones, 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 zones with a Coast Guard
designated escort.
(3) 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 zones can be contacted on VHF–
FM channels 16 and 22A.
(4) Coast Guard Sector San Juan will
notify the marine community of periods
during which these safety zones will be
in effect by providing notice to mariners
in accordance with 33 CFR 165.7.
(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.
Dated: October 23, 2020.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2020–23886 Filed 10–30–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 222
RIN 0596–AD45
Assessing Fees for Excess and
Unauthorized Grazing
AGENCY
: Forest Service, USDA.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The U.S. Department of
Agriculture, Forest Service (Agency), is
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