[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17068-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06750]


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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, Department of Homeland Security (DHS).

[[Page 17069]]


ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 rulemaking 
will prohibit mariners from anchoring, dredging, or trawling in the 
designated areas. It will 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.

DATES: This rule is effective April 1, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0424 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 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 Information and Regulatory History

    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. In response, on October 19, 2020, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled, 
``Safety Zones; Vieques Unexploded Ordnance Operations, East Vieques; 
Vieques, Puerto Rico'' (85 FR 66290). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
the safety zones. During the comment period that ended Novemeber 18, 
2020, we received no comments.
    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 because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date of this rule would be contrary to the safety zone's 
intended objectives of protecting persons and vessels from the 
potential safety hazards associated with UXOs ordnance clearing 
operations on the waters of East Vieques, Vieques, Puerto Rico.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The 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 rule is to ensure safety of vessels and the 
navigable waters in the safety zones.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
October 19, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes 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, Vieques, Puerto 
Rico. UXOs will be retrieved by several divers working for the U.S. 
Navy.
    The safety zone areas encompass the waters in East Vieques, 
Vieques, Puerto Rico. In areas where UXOs are present in shallow 
waters, mariners have been known to anchor which creates risk for the 
unintended detonation of UXOs. The safety zones will prohibit vessels 
from anchoring, dredging, or trawling in the designated areas at all 
times. Further, no vessel or person will 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 permanent safety zones by 
contacting the Captain of the Port San 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.

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, 
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 received no comments from the Small Business 
Administration

[[Page 17070]]

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 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 the 
establishment of two safety zones. It is categorically excluded from 
further review under paragraph L60(a) 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 NAVIATION 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 
(COTP), 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

[[Page 17071]]

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: January 11, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-06750 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P