[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18447-18449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07300]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0307]
RIN 1625-AA00


Safety Zone; Christiansted Harbor, St. Croix, USVI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
certain waters of the Christiansted Harbor, St. Croix, United States 
Virgin Islands when liquefied gas carriers are in transit to, moored, 
or are departing 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 rule prohibits 
persons and vessels from being in the safety zone unless authorized by 
the Captain of the Port San Juan or a designated representative. This 
action is necessary to better meet the safety and security needs of the 
Port of San Juan.

DATES: This rule is effective May 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0307 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 LT Randy Johnston, 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
USVI United States Virgin Islands

II. Background Information and Regulatory History

    On May 28, 2020, Small Boat Station San Juan recommended Sector San 
Juan establish a permanent safety zone in Christiansted Harbor, St. 
Croix, United States Virgin Islands (USVI), where they routinely 
perform escorts of liquefied gas (LG) carriers. In response, on 
November 2, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zones; Christiansted Harbor, St. 
Croix, USVI'' (85 FR 69301). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to the 
safety zone. During the comment period that ended December 2, 2020, we 
received no comments.

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). 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 
within a 50-yard radius while LG carriers are 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
November 2, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a permanent moving safety zone in 
Christiansted Harbor, St. Croix, USVI, where Coast Guard assets 
routinely perform escorts of LG carriers. This rule establishes 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 is 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 is 
permitted to enter the safety zones without obtaining permission from 
the COTP or a designated representative.

[[Page 18448]]

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. 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).
    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 Christiansted Harbor, St. Croix, USVI. 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 received no 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 contact 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 a 
safety zone covering the transit and mooring of liquefied gas carriers 
that would prohibit entry within one-half mile. It is 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.  165.789 to read as follows:

[[Page 18449]]

Sec.  165.789  Safety Zone; Christiansted Harbor, St. Croix, USVI.

    (a) Regulated area. (1) A moving safety zone is established on 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. 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 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 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.
    (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 operating in the safety zone with the 
Captain of the Port's authorization must comply with all lawful orders 
or directions given to them by the Captain of the Port or a designated 
representative.
    (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, when necessary and 
practicable, notify the maritime community of periods during which the 
safety zone will be in effect by providing advance notice of scheduled 
arrivals and departure of cruise ships via a Marine Broadcast Notice to 
Mariners.
    (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: April 6, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-07300 Filed 4-8-21; 8:45 am]
BILLING CODE 9110-04-P