[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72385-72388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25730]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0926]
RIN 1625-AA00


Safety Zone; Bahia de San Juan, San Juan, PR

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Bahia de San Juan, within a 200-yard radius of the 
tug MICHELE FOSS and barge FOSS PREVAILING WIND. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the movement and berthing of two port

[[Page 72386]]

facility cranes transiting inbound to Puerto Rico Ports Authority 
(PRPA) piers M, N and O, through Bahia de San Juan's main navigational 
channels. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector San 
Juan.

DATES: This rule is effective without actual notice from November 25, 
2022, until November 28, 2022. For purposes of enforcement, actual 
notice will be used from November 18, 2022, until November 25, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0926 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Carlos M. Ortega-Perez, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard lacks sufficient time to provide for a comment period and 
then consider those comments before issuing the rule since this rule is 
needed by November 18, 2022. It would be contrary to the public 
interest since immediate action is necessary to protect the safety of 
the public, and vessels transiting the waters of the Bahia de San Juan, 
PR during the planned movement and obstruction created by oversized 
cranes.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
minimize the potential safety hazards associated with the restricted 
maneuverability and oversized cargo being carried by these vessels.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port San Juan (COTP) has determined that 
potential hazards associated with the movement and berthing of 
oversized cranes by barge on November 18, 2022, will be a safety 
concern for anyone within a 200-yard radius of the tug MICHELE FOSS and 
barge FOSS PREVAILING WIND. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the barge transits inbound from sea and while berthed 
alongside the wharf.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from November 18, 
2022 through November 28, 2022. A moving and fixed temporary safety 
zone will be established for the the tug MICHELE FOSS and barge FOSS 
PREVAILING WIND while they are inside of the Bahia de San Juan and 
loaded with large cranes on deck. While the tug and barge are underway 
and laden with cranes, the temporary safety zone will cover all 
navigable waters of Bahia de San Juan within 200 yards of the tug 
MICHELE FOSS and barge FOSS PREVAILING WIND. The tug and barge are only 
expected to be underway for approximately one hour. There will be a 
fixed safety zone within 200 yards of the tug and barge, while they are 
moored, and discharging the cranes to Puerto Rico Ports Authority 
(PRPA) piers M, N and O. This safety zone may last until November 28, 
2022, but it will not be enforced after the cranes have been removed 
from the barge. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the movement and obstruction hazard of two oversized cranes transiting 
inbound to PRPA piers M, N and O, through Bahia de San Juan's main 
navigational channels, and when they are moored to that facility. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP 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. 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, location 
and scope of the safety zone. The zone is limited in size, location, 
and duration as it will cover all navigable waters of the Atlantic 
Ocean and the Bahia de San Juan within 200 yards of the Tug (MICHELE 
FOSS) and Barge (FOSS PREVAILING WIND) while they are underway with 
cranes onboard, and while they are moored to the PRPA piers, and 
discharging their cargo. The zone is limited in scope as vessel traffic 
may be able to safely transit around this safety zone and vessels may 
seek permission from the COTP to enter the zone. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the safety zone.

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 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 
regulated area 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.

[[Page 72387]]

    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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 Safety 
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 
temporary safety zone, for the tug MICHELE FOSS and barge FOSS 
PREVAILING WIND, of which the moving zone is anticipated to last 
approximately one hour and the fixed zone, up to ten days, that will 
prohibit entry within 200 yards of the tug MICHELE FOSS and barge FOSS 
PREVAILING WIND. 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, Safety 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T07-0926 to read as follows:


Sec.  165.T07-0926   Safety Zone; Bahia de San Juan, tug MICHELE FOSS 
and barge FOSS PREVAILING WIND, San Juan, PR.

    (a) Location. The following is a safety zone: The moving safety 
zone will include all navigable waters of Bahia de San Juan, within a 
200-yard radius of the tug MICHELE FOSS and barge FOSS PREVAILING WIND 
while transiting Puerto Rico Ports Authority (PRPA) piers M, N and O, 
and laden with oversized cranes. The fixed zone will include all 
navigable waters of Bahia de San Juan, within a 200-yard radius of the 
tug MICHELE FOSS and barge FOSS PREVAILING WIND while moored at PRPA 
piers M, N and O, and laden with oversized cranes.
    (b) Definition. The term designated representative means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the safety zone unless 
authorized by the COTP San Juan or a designated representative. If 
authorization is granted, persons and/or vessels receiving such 
authorization must comply with the instructions of the COTP San Juan or 
designated representative.
    (2) Persons who must notify or request authorization from the COTP 
San Juan may do so by telephone at (787) 289-2041, or may contact a 
designated representative via VHF radio on channel 16.
    (d) Enforcement period. This section will be enforced from November 
18, 2022, through November 28, 2022. The moving zone will be enforced 
while the tug and barge are transiting with the cranes embarked, and 
the fixed zone will be enforced while the tug and barge are moored at 
the facility, and the cranes are onboard.


[[Page 72388]]


    Dated: November 18, 2022.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2022-25730 Filed 11-23-22; 8:45 am]
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