[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Rules and Regulations]
[Pages 15721-15724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05693]


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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.

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SUMMARY: The Coast Guard is adjusting an existing moving safety zone 
for San Juan Harbor, San Juan, Puerto Rico. This action is necessary to 
better meet the safety and security needs of San Juan Harbor. This 
regulation would continue to prohibit persons and vessels from entering 
the safety zone, unless authorized by the Captain of the Port San Juan 
or a designated representative.

DATES: This rule is effective April 20, 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

[[Page 15722]]

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 existing regulation in 33 CFR 165.754, contains a moving safety 
zone around transiting liquefied petroleum gas (LPG) carriers en route 
to, or departing from, the Gulf Refinery Oil dock or the Cata[ntilde]o 
Oil dock. On December 12, 2017, the Coast Guard received a request to 
assess the waterway suitability of transiting and semi-permanently 
moored liquefied natural gas (LNG) carriers within the San Juan Harbor. 
On September 26, 2018, the Coast Guard determined the Port of San Juan 
could accommodate the safe navigation and mooring of LNG carriers 
within the San Juan Harbor. On July 18, 2019, a Notice was published in 
the Federal Register (84 FR 34323) announcing two public meetings would 
be held on July 26, 2019 by the Coast Guard and New Fortress Energy to 
receive comments regarding the safe navigation and mooring of LNG 
carriers through the San Juan Harbor. There were approximately 50 
attendees at the public meetings. Approximately 20 attendees submitted 
written and verbal questions.\1\ In addition, we received five written 
comments in response to the Notice.\2\ These comments are addressed 
below.
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    \1\ See document titled ``Summary of Public Meetings Held in 
July 26, 2019 Regarding Regulatory Docket USCG-2019-0460.''
    \2\ These comments are available at: https://www.regulations.gov 
under docket number USCG-2019-0460.
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    While the Coast Guard completed the rulemaking process for revising 
the existing safety zone regulation contained in Sec.  165.754, we 
published two temporary final rules (TFR) in the Federal Register under 
USCG-2019-0686, and both entitled ``Safety Zone; San Juan Harbor, San 
Juan, PR.'' These TFRs established temporary safety zones for navigable 
waters within an area of one half mile around each LNG carrier or LPG 
carrier (collectively referred to as Liquid Gas (LG) carriers) entering 
and departing San Juan Harbor. The TFRs also established a 50-yard 
radius around each vessel when moored at the Puma Energy dock, 
Cata[ntilde]o Oil dock, or Wharf B. The first TFR was published on 
September 13, 2019 (see 84 FR 48278), and was effective from August 23, 
2019 until November 15, 2019. The second TFR was published on October 
31, 2019 (84 FR 59726), and was effective until February 28, 2020.
    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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). Due to their cargoes, size, draft, 
and the local channel restrictions, LNG carriers must use of the center 
of navigation channels for safe transit. The COTP San Juan has 
determined that potential hazards associated with LNG carriers would be 
a safety concern for anyone within an area of one half mile during 
their transit and a 50-yard radius while moored. The purpose of this 
rulemaking is to ensure the safety of vessels and the navigable waters 
within one half mile during the transit of LG carriers through San Juan 
Harbor and a 50-yard radius while the LG carriers are moored at Puma 
Energy dock, Cata[ntilde]o Oil dock, or Wharf B. This rule will 
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 Comments, Changes, and the Rule

    As noted above, we received five written submissions in response to 
the public meetings that were held on July 26, 2019. A discussion of 
the comments and responses follows.
    Three commenters raised questions about the frequency of LNG 
carriers and if there would be any limitations in place. Although, 
these questions are outside of the scope of this proposed rulemaking, 
New Fortress Energy advised they anticipate one LNG carrier to arrive 
every three days and that each ship-to-ship transfer would take around 
18 hours. The gas would then be loaded to trucks to be delivered to 
another primary or secondary power source. The rule does not set a 
limit on the number of LNG carriers/ships that will be allowed to 
transit through the bay. Also, the rule does not set limit on the time 
the LNG carrier/ship will be moored in the docks/wharfs.
    Three commenters asked questions specific about the facility's 
operations that may affect neighboring waterfront facilities. These 
comments are outside of the scope of this rule, which is specific to 
the adjustment of the existing San Juan Harbor Safety Zone (33 CFR 
165.754).
    One commenter asked about safety concerns and whether safety 
precautions would be established to mitigate these concerns. New 
Fortress Energy will be required to meet all the regulations in 33 CFR 
part 127 Subparts A and B for Waterfront Facilities Handling Liquefied 
Natural Gas and Liquefied Hazardous Gas.
    Four commenters raised concerns about the lack of access to 
information about the proposed LNG safety zone impeded meaningful 
public participation in the administrative proceeding and the due 
process that the Coast Guard must afford the citizenry, particularly 
residents who live within the potential impact zone of the proposed LNG 
operation. The commenters required access to the file, including the 
Letter of Intent (LOI), Water Suitability Assessment (WSA) and Report, 
and other documents. Prior to the public meetings that were held on 
July 26, 2019, the NPRM for the adjustments to the existing San Juan 
Harbor Safety Zone in Sec.  165.754 were still under review. Comments 
collected at the July 26, 2019 meetings were used to make further 
revisions to the NPRM that was eventually published in the Federal 
Register on December 17, 2019. The LOI, WSA, and other documents 
contain business and security sensitive information and would need to 
be requested through the Freedom of Information Act (FOIA). FOIA 
requests may be submitted via electronic mail to: [email protected] or in 
writing via mail or overnight carrier to: Commandant (CG-611), ATTN 
FOIA Officer, US Coast Guard Stop 7710, 2703 Martin Luther King Jr Ave 
SE, Washington, DC 20593-7710.
    Two commenters raised concerns about community awareness regarding 
the construction of the new LNG facility. Although this comment is 
outside of the scope of this rulemaking, the adjacent regulated 
waterfront facilities were made aware of the new facility prior to its 
construction.
    Two commenters asked questions about the rulemaking process and if 
customary procedures were followed. The rulemaking process can vary and 
in this case the NPRM was made available to the public on December 17, 
2019.

[[Page 15723]]

Comments received at the public meetings were used to finalize the 
regulatory text contained in the NPRM. Public participation for the 
NPRM rulewas collected through the public meetings and through a 30 day 
comment period once the NPRM was published. No additional comments were 
submitted during the NPRMs comment period.
    Three commenters asked if there would be additional public hearings 
after the hearings that were held on July 26, 2019. On July 26, 2019, 
we hosted two public meetings alongside New Fortress Energy in San 
Juan, PR. Approximately 50 attendees were present and approximately 20 
attendees had questions that were addressed at the public meeting. 
Although protests were occurring around that time, we do not believe 
they had any impact on attendance at the meetings. Prior to the public 
meetings, the NPRM for the adjustments to the San Juan Harbor Safety 
Zone was still under review. Comments collected at the July 26, 2019 
meeting were used to develop the NPRM. We also provided a 30 day 
comment period on the proposed rule; however no additional comments 
were received. Therefore, we have decided to not schedule any 
additional hearings regarding this rulemaking.
    Two commenters asked about potential changes in operations of the 
bay. The new LNG facility at Wharf B expects to receive one carrier 
every three days with ship-to-ship transfer operations lasting 
approximately 18 hours in duration. We do not anticipate this would 
significantly affect current port operations or navigation. Neighboring 
facilities would be able to safely continue operations when an 
Liquified Gas (LG) carrier is transiting, moored, or engaged in 
transfer operations.
    One commenter asked about the project cost. This question was 
outside of the scope of this rulemaking.
    One commenter asked if any environmental assessments or impact 
statements were completed. A preliminary environmental assessment was 
conducted during the NPRM stage.\3\ We have also completed a final 
environmental record of environmental consideration for the final rule, 
which is available to the public.\4\
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    \3\ See Preliminary Record of Environmental Consideration in the 
NPRMs supporting docket folder at: https://www.regulations.gov/document?D=USCG-2019-0460-0008.
    \4\ The final Record of Environmental Consideration is available 
at: https://www.regulations.gov/docket?D=USCG-2019-0460.
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    Two commenters asked if there were other LNG facilities requesting 
safety zones. The Coast Guard has not received any other requests from 
LNG facilities for the creation of new safety zones associated with 
their operations.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.

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 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

[[Page 15724]]

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 rule involves 
involves a safety zone that would establish a 50-yard radius around 
transiting and moored liquefied gas carriers. 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 
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.

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 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.
    (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: March 13, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-05693 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P