[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