[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87930-87932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28001]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0965]
RIN 1625-AA00


Safety Zone; Laguna de Lobina, Culebra, Puerto Rico

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

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Laguna de Lobina within a 50-yard radius of Culebra 
Bridge due to structural damage to the bridge. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the damaged bridge. Entry of persons and 
vessels from into the safety zone is prohibited unless specifically 
authorized by the Captain of the Port San Juan or a designated 
representative.

DATES: This temporary interim rule is effective without actual notice 
from December 20, 2023, through February 12, 2024. For the purposes of 
enforcement, actual notice will be used from December 14, 2023, until 
December 20, 2023.
    Comments and related material must reach the Coast Guard on or 
before January 19, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0965 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.'' See section VI 
of the SUPPLEMENTARY INFORMATION for information on public 
participation and request for comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Commander Carlos M. Ortega-Perez, Sector San 
Juan 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 structural damaged is causing the 
potential collapse of the Culebra Bridge. Due to this situation the 
Culebra Bridge is temporary closed and immediate action is needed to 
respond to the potential safety hazards associated with the bridge 
structural condition. It is impracticable to publish an NPRM because we 
must establish this safety zone by December 14, 2023. Therefore, we 
lack sufficient time to provide a reasonable comment period and then to 
consider those comments before issuing the rule.
    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

[[Page 87931]]

because immediate action is needed to respond to the potential safety 
hazards associated with potential collapsing of the Culebra Bridge.
    We are soliciting comments on this rulemaking. If we determine that 
changes to this rulemaking action are necessary, the Coast Guard will 
consider comments received in a subsequent temporary final rule.

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 Sector San Juan (COTP) has determined 
that potential hazards associated with potential collapsing of the 
Culebra Bridge starting December 14, 2023, will be a safety concern for 
anyone within a 50-yard radius of bridge. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the bridge is being closed.

IV. Discussion of the Rule

    This rule establishes a safety zone from December 14, 2023, while 
the bridge is closed due to structural damage. The safety zone will 
cover all navigable waters of the Laguna de Lobina within a 50-yard 
radius of the Culebra Bridge. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the bridge is closed. 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on: (1) The safety of 
personnel, vessels, and the marine environment from potential hazards 
created by potential collapsing the bridge; (2) although persons and 
vessels may not enter, transit through, anchor in, or remain within the 
safety zone without authorization from the COTP or a designated 
representative they may operate in the surrounding area during the 
enforcement period.

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 
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 a 
safety zone that will prohibit entry within 50-yard radius of the 
Culebra Bridge. It is categorically excluded from further review under 
paragraph L60(d) 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. We

[[Page 87932]]

seek any comments or information that may lead to the discovery of a 
significant environmental impact from this 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.

VI. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0965 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
rule as being available in the docket, find the docket as described in 
the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov. Frequently Asked Questions web 
page. Also, if you click on the Dockets tab and then the rule, you 
should see a ``Subscribe'' option for email alerts. The option will 
notify you when comments are posted, or a final rule is published.
    We review all comments received, but we will only post comments 
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0965 to read as follows:


Sec.  165.T07-0965  Safety Zone; Culebra Bridge, Puerto Rico.

    (a) Location. All waters of Laguna de Lobina and Ensenada Honda, 
from surface to bottom, encompassed by 50-yard radius from Culebra 
Bridge located at 18[deg]18'07'' N 65[deg]17'59'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port San Juan (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at (787) 289-2041, or a designated 
representative via VHF-FM radio on channel 16 to request authorization. 
If authorization is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP San Juan or 
a designated representative. Those in the safety zone must comply with 
all lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, or the COTP's designated representative
    (d) Enforcement period. This section will be enforced from December 
14, 2023, until February 12, 2024.

Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2023-28001 Filed 12-19-23; 8:45 am]
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