[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69301-69303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23886]


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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.

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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 [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
LG Liquefied Gas
NPRM Notice of proposed rulemaking
Sec.  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

[[Page 69302]]

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

[[Page 69303]]

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

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.  165.789 to read as follows:


Sec.  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[deg]46'48'' N, 064[deg]41'48'' W, and continuing until the vessel is 
moored at the Virgin Island Water and Power Authority (WAPA) dock in 
approximate position 17[deg]45'06'' N, 064[deg]42'50'' W.
    (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[deg]45'06'' N, 
064[deg]42'50'' W when the vessel gets underway, and continuing until 
the stern passes the Christiansted Harbor Lighted Buoy #1, in 
approximate position 17[deg]45'48'' N, 064[deg]41'48'' W.
    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