[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66290-66292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22973]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0424]
RIN 1625-AA00


Safety Zones; Vieques Unexploded Ordnance Operations, East 
Vieques; Vieques, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish permanent safety 
zones for certain waters of Vieques, Puerto Rico. This action is 
necessary to provide for the safety of life on the navigable waters 
near the island of Vieques, Puerto Rico due to unexploded ordnances. 
This proposed rulemaking would prohibit mariners from anchoring, 
dredging, or trawling in the designated areas. It would also prohibit 
persons and vessels from being in the safety zones during clearance 
operations, 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 November 18, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0424 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 [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PR Puerto Rico
Sec.  Section
U.S.C. United States Code
UXO Unexploded Ordnance

II. Background, Purpose, and Legal Basis

    On April 30, 2020, contractors on behalf of the U.S. Navy contacted 
the Coast Guard requesting the establishment of permanent safety zones 
surrounding unexploded ordnances (UXO) in Vieques, PR. The Navy has 
implemented long-term plans for the deactivation and removal of the 
UXOs, but safety zones are needed until those operations are completed. 
The Captain of the Port San Juan (COTP) has determined that potential 
hazards associated with the UXOs would be a safety concern for anyone 
within the designated areas.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the designated areas until the complete 
deactivation and removal of all UXOs. 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 safety zones in the 
navigable waters east of Vieques, Puerto Rico. UXOs from past military 
training operations remain present in the waters of east Vieques, 
Puerto Rico. The U.S. Navy is currently in the process of planning, 
retrieving, and properly disposing of the UXOs in this area. These 
operations will be ongoing for the next 20 years. Accordingly, ordnance 
clearing operations will be held at various times on the waters of East 
Vieques, Puerto Rico. UXOs will be retrieved by several divers working 
for the U.S. Navy.
    This proposed safety zones area encompasses waters in East Vieques, 
Puerto Rico. In areas where UXOs are known to be in shallow waters, 
where mariners have been known to anchor which creates risk for the 
unintended detonation of UXOs. The safety zones would prohibit vessels 
from anchoring, dredging, or trawling in the designated areas at all 
times. Further, no vessel or person would be permitted to enter, 
transit through, or remain in the safety zones during clearance 
operations due to increased risk of explosion and fragmentation 
hazards.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the proposed permanent safety 
zones by contacting the Captain of the Port San

[[Page 66291]]

Juan by VHF-FM radio on Channels 16 and 22A, by calling Sector San Juan 
Command Center at (787) 289-2041, or via email to [email protected]. If 
authorization to enter, transit through, or remain in the zones during 
ordnance clearing operations or anchor, dredge, or trawl at any time is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the Captain of the Port San Juan or a 
designated representative.
    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.

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 the size, 
location, and restrictions of the safety zones. Vessels will be 
permitted to enter the safety zones when UXO operations are not being 
conducted so long as they do not anchor, dredge, or trawl.

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 zones 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 proposed 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 rulemaking would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed 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 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 a 
regulated navigation area. 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

[[Page 66292]]

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons stated in the preamble, the Coast Guard proposes to 
amend 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.  165.787 to read as follows:


Sec.  165.787   Safety Zones; Vieques Unexploded Ordnance Operations, 
East Vieques; Vieques, Puerto Rico.

    (a) Regulated area. The following regulated areas are established 
as a safety zones: (1) All waters of East Vieques, Vieques, Puerto Rico 
encompassed within the following points: starting at Point 1 in 
position 18[deg] 08' 56.48'' N, 065[deg] 20' 10.69'' W; thence north to 
point 2 in position 18[deg] 09' 10.72'' N, 065[deg] 20' 04.11'' W; 
thence east to Point 3 in position 18[deg] 08' 50.19'' N, 065[deg] 17' 
05.78'' W; thence south to Point 4 in position 18[deg] 08' 05.79'' N, 
065[deg] 16' 16.70'' W.
    (2) All waters of East Vieques, Vieques, Puerto Rico encompassed 
within the following points: starting at Point 1 in position 18 07' 
38.60'' N, 065[deg] 17' 45.95'' W; thence south to point 2 in position 
18[deg] 07' 23.73'' N, 065[deg] 17' 58.34'' W; thence west to Point 3 
in position 18[deg] 07' 18.77'' N, 065[deg] 18' 29.64'' W; thence north 
to Point 4 in position 18[deg] 07' 34.47'' N, 065[deg] 18' 31.82'' W.
    (b) Regulations. (1) No person or vessel may anchor, dredge, or 
trawl in the safety zones unless authorized by the Captain of the Port, 
San Juan, Puerto Rico, or a designated Coast Guard commissioned, 
warrant, or petty officer. Those in the 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) No person or vessel may enter, transit or remain in the safety 
zones during Unexploded Ordnance clearance operations, unless 
authorized by the Captain of the Port San Juan or a designated 
representative.
    (3) 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.
    (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 zones can be 
contacted on VHF-FM channels 16 and 22A.
    (5) 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 Sec.  165.7.
    (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: October 9, 2020.
J.E. Diaz,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Juan.
[FR Doc. 2020-22973 Filed 10-16-20; 8:45 am]
BILLING CODE 9110-04-P