Safety and Security Zones, San Juan Captain of the Port Zone, 35801-35808 [2013-14077]

Download as PDF Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 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. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves establishing temporary moving safety zones as described in figure 2–1, paragraph (34)(g), of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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 proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T07–0322 to read as follows: ■ BILLING CODE 9110–04–P mstockstill on DSK4VPTVN1PROD with PROPOSALS (a) Regulated Areas. The following regulated area is a moving safety zone: All waters 50 yards in front of the lead safety vessel preceding the first race participants, 50 yards behind the safety vessel trailing the last race participants, and at all times extend 100 yards on either side of the race participants and safety vessels. The Swim Around Charleston swimming race consists of a 12 mile course that starts at Remley’s Point on the Wando River in approximate position 32°48′49″ N, 79°54′27″ W, crosses the main shipping channel of Charleston Harbor, and finishes at the I–526 bridge and boat landing on the Ashley River in approximate position 32°50′14″ N, 80°01′23″ W. All coordinates are North American Datum 1983. (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 16:28 Jun 13, 2013 Jkt 229001 Dated: May 29, 2013. M.F. White, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2013–14125 Filed 6–13–13; 8:45 am] § 165.T07–0322 Safety Zones; Swim Around Charleston, Charleston, SC. VerDate Mar<15>2010 Captain of the Port Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering or transiting through the regulated areas unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter or transit through the regulated areas may contact the Captain of the Port Charleston by telephone at (843) 740–7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter or transit through the regulated areas is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Effective Date. This rule is effective from 9 a.m. until 3:30 p.m. on September 29, 2013. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2013–0285] RIN 1625–AA00, 1625–AA87 Safety and Security Zones, San Juan Captain of the Port Zone Coast Guard, DHS. Notice of proposed rulemaking; notice of meeting. AGENCY: ACTION: The Coast Guard proposes to modify several aspects of the safety and security zones within the Sector San Juan Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety and security zone regulations to eliminate unnecessary regulations and better meet the safety and security needs of the Puerto Rico and U. S. Virgin Island port communities. This action would modify existing safety zones; consolidate safety SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 35801 and security zones currently found in separate regulations into four regional regulations; and add and remove safety and security zones. Additionally, safety zones governing port closures in the event of a natural and other disasters have been added. DATES: Comments and related material must be received by the Coast Guard on or before September 12, 2013. A Public meeting will be held on August 1, 2013 at 9:00 a.m. at USCG Sector San Juan. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Jose Perez, Sector San Juan Prevention Department, U.S. Coast Guard; telephone (787) 729–2374, email Jose.A.Perez3@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. The address for Sector San Juan is 5 Calle La Puntilla, San Juan, Puerto Rico, 00901. The address of MSD St. Thomas is 1 King Wharf Waterfront, St. Thomas, VI 00804. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking MSD Marine Safety Detachment A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// E:\FR\FM\14JNP1.SGM 14JNP1 35802 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments 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. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number USCG–2013–0285 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. mstockstill on DSK4VPTVN1PROD with PROPOSALS 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number USCG–2013–0285 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We plan to hold a public meeting on August 1, 2013 at 9:00 a.m. at USCG Sector San Juan and on August 8, 2013 at 9:00 a.m. at MSD St. Thomas. We plan to post the minutes of this meeting in the docket. For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact the person named in the FOR FURTHER INFORMATION CONTACT section, above. B. Regulatory History and Information Between 1998 and 2009 the USCG has published 11 regulations regarding safety and security zones within the Sector San Juan Area of Responsibility (AOR). These 11 regulations are currently: 33 CFR 165.754 Safety Zone: San Juan Harbor, San Juan, PR; 33 CFR 165.755 Safety Zone; Guayanilla, Puerto Rico; 33 CFR 165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.; 33 CFR 165.758 Security Zone; San Juan, Puerto Rico; 33 CFR 165.762 Security Zone; St. Thomas, U.S. Virgin Islands; 33 CFR 165.763 Moving and Fixed Security Zone, Port of Fredericksted, Saint Croix, U.S. Virgin Islands; 33 CFR 165.766 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.770 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.771 Safety Zone; Bahia de Ponce, Puerto Rico; 33 CFR 165.776 Security Zone; Coast Guard Base San Juan, San Juan Harbor, Puerto Rico; and 33 CFR 165.778 Security Zone; Port of Mayaguez, Puerto Rico. The regulations as they are currently drafted are repetitive, disorganized, and some are unnecessary. This regulation change will reorganize the current regulations into regional regulations, remove unneeded regulations (e.g. a permanent security zone around an oil terminal), add safety zone regulations regarding port closures in times of natural and other disasters, and safety zones for fireworks displays. C. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 regulated navigation areas and limited access areas: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The purpose of the regulation is to reorganize the regulations into four regional areas, harmonize the regulations within the Sector San Juan AOR, remove unnecessary regulations, and add regulations regarding port closures in the event of natural and other disasters and safety zones for firework barges. D. Discussion of Proposed Rule The main change of the regulations is the consolidation of 11 existing regulations into four regional regulations and a natural and other disasters safety zone. The consolidated regulation would be published as 33 CFR 165.754 for the North Coast of Puerto Rico; 33 CFR 165.755 for the South Coast of Puerto Rico; 33 CFR 165.757 for St. Thomas; 33 CFR 165.758 for St. Croix; and 33 CFR 165.762 Natural and Other Disasters Safety Zone for Sector San Juan COTP Zone. Safety and Security Zones; North Coast of Puerto Rico (33 CFR 165.754) would combine the regulations set forth in the current 33 CFR 165.754, 33 CFR 165.758, and 33 CFR 165.776. This new regulation would not alter the security zone for the Coast Guard Base and cruise ships. However, the moving safety zone for Liquefied Hazardous Gas (LHG) would be altered from the existing distance of .5 NM to 100 yards to align with the rest of the LHG safety zones in the AOR, and also it will add a fixed 50 yard safety zone around the vessel at all times while the vessel is moored. Additionally, a safety zone for certain vessels and firework barges would be added, establishing at all times a safety zone around vessels that pose a higher risk of injury to people or property without publishing Temporary Final Rules for each individual event, which often are done with minimal notice to the public. Safety and Security Zones; South Coast of Puerto Rico (33 CFR 165.755) would combine the regulations set forth in the current 33 CFR 165.755, 33 CFR 165.778, and the parts of 33 CFR 165.757 that regulate Guayanilla, Tallaboa, and Ponce. This new regulation would not alter the security zone for cruise ships. The safety zone for LHG while the vessel is transiting will remain unaltered, however a fixed 50-yard security zone would be added around the vessel at all times while the vessel is moored. Additionally, a safety E:\FR\FM\14JNP1.SGM 14JNP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules zone for certain vessels and firework barges would be added, establishing at all times a safety zone around these vessels that pose a higher risk of injury to people or property without necessitating publication of a Temporary Final Rules for each individual event, which often are done with minimal notice to the public. Safety and Security Zones; St. Croix, USVI (33 CFR 165.757) would combine the regulations set forth in the current 33 CFR 165.763 and the parts of 33 CFR 165.757 that regulate Limetree Bay. This new regulation would not alter the security zone for cruise ships. The safety zone for LHG while the vessel is moving will remain unaltered, however a fixed 50 yard security zone would be added around the vessel at all times while the vessel is moored. Additionally, a safety zone for certain vessels and firework barges would be added, establishing at all times a safety zone around these vessels that pose a higher risk of injury to people or property without necessitating publication of a Temporary Final Rule for each individual event, which are often done with minimal notice to the public. Safety and Security Zones; St. Thomas, USVI (33 CFR 165.758) would include the regulations set forth in the current 33 CFR 165.762. This new regulation would not alter the security zone for cruise ships. However, a safety zone for certain vessels and firework barges would be added, establishing at all times a safety zone around these vessels that pose a higher risk of injury to people or property without necessitating publication of Temporary Final Rules for each individual event, which are often done with minimal notice to the public. Three safety zones for reoccurring firework displays will be added to this regulation. Safety Zone; Sector San Juan COTP Zone Natural and Other Disasters Port Closure (33 CFR 165.762) would be added to provide the legal jurisdiction to close a ports affected by natural and other disasters. In the past, temporary regulations regarding port closures have been published after natural and other disasters; however, publishing this notice in a permanent regulation provides better advance notice to the public regarding when port closures should be expected to occur, and would only require publication of a Notice of Enforcement during the storm itself, increasing efficiency and reducing the workload to the Coast Guard. There will be no change in the manner in which the public is notified by the Coast Guard of a port closure. VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 Disestablishment of the following regulations: the current 33 CFR 165.766 and 33 CFR 165.770. Both of these regulations are for the permanent security zone around HOVENSA refinery; however, this facility is no longer operating as a refinery and is now only an oil terminal. Even if the refinery were to become operational again, disestablishment of the security zone would not stop the refinery from becoming operational again. Similarly, the disestablishment of the current 33 CFR 165.771, the regulation for a safety zone around an LNG vessel transiting into Ponce, PR is unnecessary. This regulation is not needed as only two LNG vessels have entered Ponce, PR in recent history. Also, the proposed regulations concerning ‘‘certain vessels’’ will allow for the establishment of a safety zone if LNG vessels frequent Ponce, PR in the future. E. 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 or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This regulation is not significant regulatory action because most of the proposed regulations already exist in some form; such as natural and other disasters safety zones as a temporary final rule for each individual natural or other disasters, security zones around cruise ships, safety zones around LHG vessels, and firework safety zones. The regulations that are being added are not expected to have a significant regulatory action due to the infrequency of use for the new moving safety zones around certain vessels. The addition of the safety zone regarding moored LHG vessels should not have a significant effect because it is not anticipated to impede any other commercial traffic. The removal of the LHG safety zone for Ponce would have no effect as it has not been used since it was published. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 35803 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. These safety and security zones would not have a significant economic impact on a substantial number of small entities for the reasons discussed in the Regulatory Evaluation section above. 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. 3. Assistance for Small Entities 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). 5. Federalism 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 determined that this rule does not have implications for Federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your E:\FR\FM\14JNP1.SGM 14JNP1 35804 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 proposed rule involves amending, reorganization, and republication of existing safety and security zones around specific vessels of less than a week in duration and the addition of port closures that would be otherwise published as TFR. This rule will be categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination will be available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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 proposes to amend 33 CFR part 165 as follows: 11. Indian Tribal Governments mstockstill on DSK4VPTVN1PROD with PROPOSALS We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 165.754 to read as follows: § 165.754 Safety and Security Zones; North Coast of Puerto Rico (a) Location. All coordinates referenced use datum: NAD 83. The following areas are established as a safety zones during the specified conditions: (1) Safety Zone around Liquefied Hazardous Gas (LHG) vessels. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 (i) All waters of the Atlantic Ocean within a 100 yard radius surrounding all LHG vessels with product aboard while transiting south of Latitude 18°29.5′ N on approach to or departing from Port of San Juan, Puerto Rico. The safety zone remains in effect until the LHG vessel is moored or anchored. (ii) All waters of San Juan Harbor within a 50-yard radius surrounding all LHG vessels while the vessel is moored or anchored with product aboard or is transferring LHG within the waters of Port of San Juan, Puerto Rico. (2) Security Zone around Cruise Ships. (i) All waters of the Atlantic Ocean within a 50-yard radius surrounding all cruise ships while transiting south of Latitude 18°29.5′ N on approach to or departing from Port of San Juan, Puerto Rico. The safety zone remains in effect until the cruise ship is moored or anchored. (ii) All waters of San Juan Harbor within a 50-yard radius surrounding all cruise ships while the vessel is moored or anchored within the Port of San Juan, Puerto Rico. (3) Safety Zone around Certain vessels. (i) All waters of the Atlantic Ocean within a 100-yard radius surrounding certain vessel while transiting within 1 NM from the port entrance on approach to or departing from the Ports of Fajardo, San Juan, or Arecibo, Puerto Rico. The safety zone remains in effect until the vessel is moored or anchored. (ii) All waters within a 100 yard radius surrounding certain vessel while the vessel is moored or anchored within the waters of Ports of Fajardo, San Juan, or Arecibo, Puerto Rico. (4) Security Zone around Coast Guard Base San Juan. All waters of San Juan Harbor encompassed by an imaginary line connecting the following points: starting at Point 1 in position 18°27.65′ N, 066°06.93′ W; thence east to Point 2 in position 18°27.65′ N, 066°06.87′ W; thence south to Point 3 in position 18°27.58′ N, 066°06.93′ W; thence southwest to Point 4 in position 18°27.5′ N, 066°06.98′ W; thence northeast to Point 5 in position 18°27.42′ N, 066°07.12′ W; thence north to Point 6 in position 18°27.77′ N, 066°07.17′ W; thence northwest to Point 7 in position 18°27.77′ N, 066°07.12′ W; and thence following the coastline back to the origin. (5) Safety Zone around Firework Displays. All waters within the San Juan COTP Zone within a 1,000 foot radius of a firework barge. The Coast Guard realizes that some large scale events, such as those with many participants or spectators, or those that could severely E:\FR\FM\14JNP1.SGM 14JNP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules restrict navigation or pose a significant hazard, may still require separate special local regulations or safety zones that address the specific peculiarities of the event. In those situations, the Coast Guard will create special local regulations or safety zones specifically for the event, and those regulations will supersede the proposed regulations in this rule. (b) Regulations. (1) Under general regulations in § 165.33 of this part, entering, anchoring, mooring or transiting in these zones is prohibited unless authorized by the Coast Guard Captain of the Port of San Juan. (2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Sector San Juan at (787) 289–2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative. (3) Coast Guard Sector San Juan will attempt to notify the maritime community of periods during which these safety and security zones will be in effect by providing advance notice of scheduled arrivals and departures of vessels via a broadcast notice to mariners. (c) Definitions. (1) Cruise ship. For the purposes of this section, Cruise ship means a passenger vessel greater than 100 feet in length that is authorized to carry more than 150 passengers for hire, except for a ferry. (2) Certain vessel. For the purposes of this section, ‘‘certain vessel’’ means any vessel within 3 nautical miles of U.S. Territorial Waters and bound for a port listed in paragraph (a)(3) that is deemed to be in need of a moving safety zone by the Captain of the Port, San Juan for safety reasons. In making this determination, the Captain of the Port considers all relevant safety factors, including but not limited to the presence of unusually harmful or hazardous substances and the risk to population or infrastructure. (3) Designated representative. For the purposes of this section, 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 San Juan in the enforcement of the security zone. (4) Vessel. For the purposes of this section, vessel means every description of watercraft or other artificial contrivance used, or capable of being VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 used, as a means of transportation on water, except U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug boats. (5) LHG. For the purposes of this section, LHG means all cargos regulated under 33 CFR part 127 to include LNG. ■ 3. Revise § 165.755 to read as follows: § 165.755 Safety and Security Zones; South Coast of Puerto Rico (a) Location. All coordinates referenced use datum: NAD 83. The following areas are established as a safety zones during the specified conditions: (1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels. (i) Port of Tallaboa, Puerto Rico. (A) All waters of the Caribbean Sea within a 100 yard radius surrounding all LHG vessels with product aboard while transiting north of Latitude 17°56.0′ N on approach to or departing from the Port of Tallaboa, Puerto Rico. The safety zone remains in effect until the LHG vessel is moored. (B) All waters of Bahia de Tallaboa within a 50-yard radius surrounding all LHG vessels while the vessel is moored or anchored with product aboard or is transferring LHG within the Port of Tallaboa, Puerto Rico. (ii) Port of Guayanilla, Puerto Rico. (A) All waters of the Caribbean Sea within a 100-yard radius surrounding all LHG vessels around with product aboard while transiting north of Latitude 17°57.0′ N in the waters of the Caribbean Sea on approach to or departing from the Port of Guayanilla, Puerto Rico. The safety zone remains in effect until the LHG vessel is moored. (B) All waters of Bahia de Guayanilla within a 50-yard radius surrounding all LHG vessels while the vessel is moored or anchored with product aboard or is transferring LHG within the Port of Guayanilla, Puerto Rico. (2) Security Zone around Cruise Ships. (i) All waters of the Caribbean Sea within a 50 yard radius surrounding all cruise ships while transiting east of Longitude 067°11.5′ W on approach to or departing from Port of Mayaguez, Puerto Rico. The safety zone remains in effect until the cruise ship is moored or anchored. (ii) All waters of Bahia de Mayaguez within a 50 yard radius surrounding all cruise ships while the vessel is moored or anchored within the Port of Mayaguez, Puerto Rico. (3) Safety Zone around Certain Vessels. (i) All waters of the Caribbean Sea within a 100 yard radius surrounding certain vessel while transiting within 1 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 35805 NM from the port entrance on approach to or departing from the Ports of Yabucoa, Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and Guanica, Puerto Rico. The safety zone remains in effect until the vessel is moored or anchored. (ii) All waters within a 100 yard radius surrounding certain vessel while the vessel is moored or anchored within the waters of Ports of Yabucoa, Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and Guanica, Puerto Rico. (4) Safety Zone zone around Firework Displays. All waters with the San Juan COTP Zone within a 1000 foot radius of a firework barge. The Coast Guard realizes that some large scale events, such as those with many participants or spectators, or those that could severely restrict navigation or pose a significant hazard, may still require separate special local regulations or safety zones that address the specific peculiarities of the event. In those situations, the Coast Guard will create special local regulations or safety zones specifically for the event, and those regulations will supersede the proposed regulations in this rule. (b) Regulations. (1) Under general regulations in § 165.33 of this part, entering, anchoring, mooring or transiting in these zones is prohibited unless authorized by the Coast Guard Captain of the Port of San Juan. (2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Sector San Juan at (787) 289–2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative. (3) Coast Guard Sector San Juan will attempt to notify the maritime community of periods during which these safety and security zones will be in effect by providing advance notice of scheduled arrivals and departures of vessels via a broadcast notice to mariners. (c) Definitions. (1) Cruise ship. For the purposes of this section, Cruise ship means a passenger vessel greater than 100 feet in length that is authorized to carry more than 150 passengers for hire, except for a ferry. (2) Certain vessel. For the purposes of this section, certain vessel means any vessel within the 3 nautical miles of U.S. Territorial Waters and bound for the listed ports in (a)(3) that is deemed to be in need of a moving safety zone by the Captain of the Port, San Juan for E:\FR\FM\14JNP1.SGM 14JNP1 35806 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules safety reasons. In making this determination, the Captain of the Port considers all relevant safety factors, including but not limited to the presence of unusually harmful or hazardous substances and the risk to population or infrastructure. (3) Designated representative. For the purposes of this section, 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 San Juan in the enforcement of the security zone. (4) Vessel. For the purposes of this section, vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, except U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug boats. (5) LHG. For the purposes of this section, LHG means all cargos regulated under 33 CFR part 127 to include LNG. (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226. ■ 4. Revise § 165.757 to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS § 165.757 Safety and Security Zones; St. Croix, USVI. (a) Location. All coordinates referenced use datum: NAD 83. The following areas are established as a safety zones during the specified conditions: (1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels. (i) All waters of the Caribbean Sea within a 100 yard radius surrounding all LHG vessels with product aboard while transiting north of Latitude 17°39.0′ N on approach to or departing from the Port of Limetree Bay, Saint Croix, U.S. Virgin Islands. (ii) All waters of Limetree Bay within a 50-yard radius surrounding all LHG vessels while the vessel is docked with product aboard or is transferring LHG within the waters of the Port of Limetree Bay, Saint Croix, U.S. Virgin Islands. (2) Security Zone around Cruise Ships. (i) All waters of the Caribbean Sea within a 50 yard radius surrounding all cruise ships while transiting east of Longitude 064°54.5′ W on approach to or departing from Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The safety zone remains in effect until the cruise ship is moored or anchored. (ii) All waters of the Caribbean Sea within a 50 yard radius surrounding all cruise ships while the vessel is moored or anchored within the Port of VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 Fredericksted, Saint Croix, U.S. Virgin Islands. (3) Safety Zone around Certain Vessels. (i) All waters of the Caribbean Sea within a 100 yard radius surrounding certain vessels while transiting within 1 NM from the port entrance on approach to or departing from the Ports of Frederiksted, Limetree Bay, Krause Lagoon, and Christiansted, Saint Croix, U.S. Virgin Islands. The safety zone remains in effect until the vessel is moored or anchored. (ii) All waters within a 100 yard radius surrounding certain vessels while the vessel is moored or anchored within the waters of Ports of Frederiksted, Limetree Bay, Krause Lagoon, and Christiansted, Saint Croix, U.S. Virgin Islands. (4) Safety Zone around Firework Displays. All waters within the San Juan COTP Zone within a 1000 foot radius of a firework barge. The Coast Guard realizes that some large scale events, such as those with many participants or spectators, or those that could severely restrict navigation or pose a significant hazard, may still require separate special local regulations or safety zones that address the specific peculiarities of the event. In those situations, the Coast Guard will create special local regulations or safety zones specifically for the event, and those regulations will supersede the proposed regulations in this rule. (b) Regulations. (1) Under general regulations in § 165.33 of this part, entering, anchoring, mooring or transiting in these zones is prohibited unless authorized by the Coast Guard Captain of the Port of San Juan. (2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Sector San Juan at (787) 289–2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative. (3) Coast Guard Sector San Juan will attempt to notify the maritime community of periods during which these safety and security zones will be in effect by providing advance notice of scheduled arrivals and departures of vessels via a broadcast notice to mariners. (c) Definition. (1) Cruise ship. For the purposes of this section, Cruise ship means a passenger vessel greater than 100 feet in length that is authorized to carry more than 150 passengers for hire, except for a ferry. PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 (2) Certain vessel. For the purposes of this section, certain vessel means any vessel within the 3 nautical mile U.S. Territorial Waters and bound for the listed ports in (a)(3) that is deemed to be in need of a moving safety zone by the Captain of the Port, San Juan for safety reasons. In making this determination, the Captain of the Port considers all relevant safety factors, including but not limited to the presence of unusually harmful or hazardous substances and the risk to population or infrastructure. (3) Designated representative. For the purposes of this section, 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 San Juan in the enforcement of the security zone. (4) Vessel. For the purposes of this section, vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, except U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug boats. (5) LHG. For the purposes of this section, LHG means all cargos regulated under 33 CFR part 127 to include LNG. 5. Revise § 165.758 to read as follows: § 165.758 Safety and Security Zones; St. Thomas, USVI. (a) Location. All coordinates referenced use datum: NAD 83. The following areas are established as a safety zones during the specified conditions: (1) Security Zone around Cruise Ships. (i) All waters of the Caribbean Sea within a 50 yard radius surrounding all cruise ships while transiting north of Latitude 18°18.0′ N on approach to or departing from Port of St. Thomas, Saint Thomas, U.S. Virgin Islands. The safety zone remains in effect until the cruise ship is moored or anchored. (ii) All waters of St. Thomas Harbor within a 50 yard radius surrounding all cruise ships while the vessel is moored or anchored within the Port of St. Thomas, Saint Thomas, U.S. Virgin Islands. (2) Safety Zone around Certain Vessels. (i) All waters of the Caribbean Sea within a 100 yard radius surrounding certain vessel while transiting within 1 NM from the port entrance on approach to or departing from the Ports of Charlotte Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin Islands. E:\FR\FM\14JNP1.SGM 14JNP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules The safety zone remains in effect until the vessel is moored or anchored. (ii) All waters within a 100 yard radius surrounding certain vessel while the vessel is moored or anchored within the waters of Ports of Charlotte Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin Islands. (3) Safety Zone around Firework Displays. (i) St. John: 4th of July Firework Display. All waters of the Cruz Bay within a 200 yards radius centered on the position 18°19.92′ N, 064°48.1′ W on the 4th of July. (ii) St. Thomas: V. I. Carnival Finale. All waters of St. Thomas Harbor within an 800 foot radius centered on the position 18°20.200′ N, 64°55.200′ W during the week of Carnival. (iii) St. Thomas: Yatch Haven New Years Eve Celebrations. All waters of St. Thomas Harbor within an 800 foot radius centered on the position 18°20.160′ N, 64°55.492′ W on New Year’s Eve. (iv) All waters within the San Juan COTP Zone within a 1000 foot radius of a firework barge not otherwise specified in this paragraph. The Coast Guard realizes that some large scale events, such as those with many participants or spectators, or those that could severely restrict navigation or pose a significant hazard, may still require separate special local regulations or safety zones that address the specific peculiarities of the event. In those situations, the Coast Guard will create special local regulations or safety zones specifically for the event, and those regulations will supersede the proposed regulations in this rule. (b) Regulations. (1) Under general regulations in § 165.33 of this part, entering, anchoring, mooring or transiting in these zones is prohibited unless authorized by the Coast Guard Captain of the Port of San Juan. (2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Sector San Juan at (787) 289–2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative. (3) Coast Guard Sector San Juan will attempt to notify the maritime community of periods during which these safety and security zones will be in effect by providing advance notice of scheduled arrivals and departures of vessels via a broadcast notice to mariners. (c) Definition. VerDate Mar<15>2010 16:28 Jun 13, 2013 Jkt 229001 (1) Cruise ship. For the purposes of this section, Cruise ship means a passenger vessel greater than 100 feet in length that is authorized to carry more than 150 passengers for hire, except for a ferry. (2) Certain vessel. For the purposes of this section, certain vessel means any vessel within the 3 nautical mile U.S. Territorial Waters and bound for the listed ports in (a)(2) that is deemed to be in need of a moving safety zone by the Captain of the Port San Juan for safety reasons. In making this determination, the Captain of the Port considers all relevant safety factors, including but not limited to the presence of unusually harmful or hazardous substances and the risk to population or infrastructure. (3) Designated representative. For the purposes of this section, 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 San Juan in the enforcement of the security zone. (4) Vessel. For the purposes of this section, vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, except U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug boats. (5) LHG. For the purposes of this section, LHG means all cargos regulated under 33 CFR part 127 to include LNG. ■ 6. Revise § 165.762 to read as follows: § 165.762 Safety Zone; Sector San Juan COTP Zone Natural and Other Disasters Port Closure (a) Regulated Areas. The following regulated areas are safety zones: (1) St. Thomas and St. John, USVI. All waters of the Atlantic Ocean and Caribbean Sea surrounding St. Thomas, USVI and St. John, USVI encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°24.380′ N, 65°04.960′ W; thence east to point 2 in position 18°25.162′ N, 64°53.774′ W; thence southeast to point 3 in position 18°22.386′ N, 64°51.302′ W; thence east to point 4 in position 18°22.601′ N, 64°45.061′ W; thence east to point 5 in position 18°21.311′ N, 64°38.799′ W; thence south to point 6 in position 18°18.045′ N, 64°39.087′ W; thence west to point 7 in position 18°17.184′ N, 64°47.265′ W; thence southwest to point 8 in position 18°15.776′ N, 64°53.733′ W; thence west to point 9 in position PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 35807 18°16.676′ N, 65°06.093′ W; thence north back to the origin. (2) St. Croix, USVI. All waters of the Caribbean Sea surrounding St. Croix, USVI encompassed within an imaginary line connecting the following points: starting at point 1 in position 17°46.979′ N, 64°55.093′ W; thence east to point 2 in position 17°49.040′ N, 64°34.947′ W; thence southeast to point 3 in position 17°44.176′ N, 64°33.947′ W; thence southwest to point 4 in position 17°39.701′ N, 64°43.763′ W; thence west to point 5 in position 17°38.681′ N, 64°54.846′ W; thence north back to origin. (3) Culebra, PR. All waters of the Atlantic Ocean surrounding Culebra, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°22.901′ N, 65°22.988′ W; thence east to point 2 in position 18°20.704′ N, 65°12.968′ W; thence southeast to point 3 in position 18°15.416′ N, 65°11.282′ W; thence southwest to point 4 in position 18°14.321′ N, 65°13.228′ W; thence west to point 5 in position 18°19.785′ N, 65°24.721′ W; thence northeast back to origin. (4) Vieques, PR. All waters of the Caribbean Sea surrounding Vieques, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°05.622′ N, 65°35.782′ W; thence east southeast to point 2 in position 18°03.349′ N, 65°30.569′ W; thence east northeast to point 3 in position 18°07.076′ N, 65°14.739′ W; thence north to point 4 in position 18°10.230′ N, 65°14.970′ W; thence west to point 5 in position 18°11.113′ N, 65°29.510′ W; thence west southwest to point 6 in position 18°09.140′ N, 65°34.452′ W; thence south back to the origin. (5) Arecibo, PR. All waters of the Atlantic Ocean surrounding Arecibo, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°28.577′ N, 66°44.834′ W; thence north to point 2 in position 18°29.939′ N, 66°44.834′ W; thence east to point 3 in position 18°29.939′ N, 66°41.644′ W; thence south to point 4 in position 18°28.865′ N, 66°41.644′ W; thence following the coastline back to origin. (6) San Juan, PR. All waters of the Atlantic Ocean surrounding San Juan Harbor, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°28.511′ N, 66°08.370′ W; thence north to point 2 in position 18°29.430′ N, 66°08.370′ W; thence east to point 3 in position 18°29.430′ N, 66°07.503′ W; thence south to point 4 in position E:\FR\FM\14JNP1.SGM 14JNP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 35808 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 18°28.336′ N, 66°07.503′ W; thence following the coastline back to origin. (7) Fajardo, PR. All waters of the Atlantic Ocean surrounding Fajardo, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°21.311′ N, 65°36.597′ W; thence east to point 2 in position 18°21.103′ N, 65°36.855′ W; thence south to point 3 in position 18°18.639′ N, 65°36.332′ W; thence west to point 4 in position 18°17.835′ N, 65°37.679′ W; thence following the coastline back to origin. (8) Yabucoa, PR. All waters of the Caribbean Sea surrounding Yabucoa, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 18°01.279′ N, 65°49.820′ W; thence east southeast to point 2 in position 18°00.511′ N, 65°48.431′ W; thence northeast to point 3 in position 18°03.181′ N, 65°47.365′ W; thence northwest to point 4 in position 18°03.546′ N, 65°48.108′ W; thence following the coastline back to origin. (9) Guayama and Salinas, PR. All waters of the Caribbean Sea surrounding Guayama and Salinas, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 17°56.779′ N, 66°23.514′ W; thence south to point 2 in position 17°54.450′ N, 66°23.514′ W; thence east to point 3 in position 17°54.450′ N, 66°10.832′ W; thence north to point 4 in position 17°56.162′ N, 66°10.832′ W; thence following the coastline back to origin. (10) Ponce, Guayanilla and Tallaboa, PR. All waters of the Caribbean Sea surrounding Ponce, Guayanilla and Tallaboa, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 17°57.969′ N, 66°48.489′ W; thence south to point 2 in position 17°56.181′ N, 66°48.489′ W; thence east to point 3 in position 17°56.181′ N, 66°36.833′ W; thence north to point 4 in position 17°57.830′ N, 66°36.833′ W; thence following the coastline back to origin. (11) Guanica, PR. All waters of the Caribbean Sea surrounding Guanica, PR encompassed within an imaginary line connecting the following points: starting at point 1 in position 17°55.907′ N, 66°55.151′ W; thence south to point 2 in position 17°54.887′ N, 66°54.973′ W; thence east to point 3 in position 17°55.557′ N, 66°52.292′ W; thence north to point 4 in position 17°56.500′ N, 66°52.494′ W; thence following the coastline back to origin. (12) Mayaguez, PR. All waters of the Caribbean Sea surrounding Mayaguez, PR encompassed within an imaginary line connecting the following points: VerDate Mar<15>2010 18:51 Jun 13, 2013 Jkt 229001 starting at point 1 in position 18°10.159′ N, 67°10.826′ W; thence west to point 2 in position 18°10.159′ N, 67°12.539′ W; thence north to point 3 in position 18°14.371′ N, 67°12.539′ W; thence east to point 4 in position 18°14.371′ N, 67°10.405′ W; thence following the coastline back to origin. (b) Definitions. (1) Designated representative. 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 San Juan in the enforcement of the regulated area. (2) Hurricane Port Condition YANKEE. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 24 hours. (3) Hurricane Port Condition ZULU. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 12 hours. (c) Regulations. (1) Hurricane Port Condition YANKEE. All inbound oceangoing commercial vessel traffic over 200GT are prohibited from entering any of the 11 regulated areas designated as being in Port Condition YANKEE within the COTP Zone San Juan; within 24 hours of anticipated landfall of gale force winds (39 mph) from a tropical- or hurricane-force storm; or upon the Coast Guard setting Port Condition YANKEE for inbound ocean going commercial vessel traffic over 200GT. Oceangoing commercial vessel traffic outbound will be authorized to transit through the safety zone until Port Condition ZULU. (2) Hurricane Port Condition ZULU. All oceangoing commercial vessel traffic over 200GT are prohibited from transiting or remaining in any of the 11 regulated areas designated as being in Port Condition Zulu within COTP San Juan within 12 hours of anticipated landfall of a tropical storm or hurricane; or upon the Coast Guard setting of Port Condition ZULU, unless written permission is obtained from the Captain of the Port. (3) Emergency Closure for Other Disasters. Any natural or other disasters that are anticipated to effect the COTP San Juan AOR will result in the prohibition of commercial vessel traffic transiting or remaining in any of the 11 regulated areas predicted to be effected as designated by the COTP San Juan = . PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 (4) Pursuant to the general regulations in § 165.33 of this part, entering, anchoring, mooring or transiting in the regulated areas enacted above in paragraphs (c)(1) and (c)(2) is prohibited unless authorized by the Coast Guard Captain of the Port of San Juan. (5) Persons desiring to transit the area of the safety zone may contact the Captain of the Port at the Sector San Juan at (787) 289–2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative. (6) Coast Guard Sector San Juan will attempt to notify the maritime community of periods during which these safety zones will be in effect by via a broadcast notice to mariners. §§ 165.763, § 165.766, § 165.770, § 165.771, § 165.776, and § 165.778 [Removed and Reserved] 7. Remove and reserve §§ 165.763, 165.766, 165.770, 165.771, 165.776 and 165.778. ■ Dated: May 5, 2013. D.W. Pearson, Captain, U.S. Coast Guard, Captain of the Port San Juan. [FR Doc. 2013–14077 Filed 6–13–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter III Proposed priority—Rehabilitation Training: Rehabilitation Long-Term Training Program—Vocational Rehabilitation Counseling Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Proposed priority. AGENCY: [CFDA Number: 84.129B.] SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority under the Rehabilitation Training: Rehabilitation Long-Term Training program. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus on training in an area of national need. This priority is designed to ensure that the Department funds high quality rehabilitation counseling programs that meet rigorous standards in order to provide students with the training necessary to become qualified rehabilitation counselors capable of E:\FR\FM\14JNP1.SGM 14JNP1

Agencies

[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35801-35808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14077]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0285]
RIN 1625-AA00, 1625-AA87


Safety and Security Zones, San Juan Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; notice of meeting.

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SUMMARY: The Coast Guard proposes to modify several aspects of the 
safety and security zones within the Sector San Juan Captain of the 
Port Zone. This action is necessary to consolidate, clarify, and 
otherwise modify safety and security zone regulations to eliminate 
unnecessary regulations and better meet the safety and security needs 
of the Puerto Rico and U. S. Virgin Island port communities. This 
action would modify existing safety zones; consolidate safety and 
security zones currently found in separate regulations into four 
regional regulations; and add and remove safety and security zones. 
Additionally, safety zones governing port closures in the event of a 
natural and other disasters have been added.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 12, 2013.
    A Public meeting will be held on August 1, 2013 at 9:00 a.m. at 
USCG Sector San Juan.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Jose Perez, Sector San Juan 
Prevention Department, U.S. Coast Guard; telephone (787) 729-2374, 
email Jose.A.Perez3@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.
    The address for Sector San Juan is 5 Calle La Puntilla, San Juan, 
Puerto Rico, 00901.
    The address of MSD St. Thomas is 1 King Wharf Waterfront, St. 
Thomas, VI 00804.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSD Marine Safety Detachment

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://

[[Page 35802]]

www.regulations.gov and will include any personal information you have 
provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0285 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0285 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We plan to hold a public meeting on August 1, 2013 at 9:00 a.m. at 
USCG Sector San Juan and on August 8, 2013 at 9:00 a.m. at MSD St. 
Thomas. We plan to post the minutes of this meeting in the docket. For 
information on facilities or services for individuals with disabilities 
or to request special assistance at the public meeting, contact the 
person named in the FOR FURTHER INFORMATION CONTACT section, above.

B. Regulatory History and Information

    Between 1998 and 2009 the USCG has published 11 regulations 
regarding safety and security zones within the Sector San Juan Area of 
Responsibility (AOR). These 11 regulations are currently: 33 CFR 
165.754 Safety Zone: San Juan Harbor, San Juan, PR; 33 CFR 165.755 
Safety Zone; Guayanilla, Puerto Rico; 33 CFR 165.757 Safety Zones; 
Ports of Ponce, Tallaboa, and Guayanilla, Puerto Rico and Limetree Bay, 
St. Croix, U.S.V.I.; 33 CFR 165.758 Security Zone; San Juan, Puerto 
Rico; 33 CFR 165.762 Security Zone; St. Thomas, U.S. Virgin Islands; 33 
CFR 165.763 Moving and Fixed Security Zone, Port of Fredericksted, 
Saint Croix, U.S. Virgin Islands; 33 CFR 165.766 Security Zone: HOVENSA 
Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.770 Security Zone: 
HOVENSA Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.771 Safety 
Zone; Bahia de Ponce, Puerto Rico; 33 CFR 165.776 Security Zone; Coast 
Guard Base San Juan, San Juan Harbor, Puerto Rico; and 33 CFR 165.778 
Security Zone; Port of Mayaguez, Puerto Rico. The regulations as they 
are currently drafted are repetitive, disorganized, and some are 
unnecessary. This regulation change will reorganize the current 
regulations into regional regulations, remove unneeded regulations 
(e.g. a permanent security zone around an oil terminal), add safety 
zone regulations regarding port closures in times of natural and other 
disasters, and safety zones for fireworks displays.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of the regulation is to reorganize the regulations into 
four regional areas, harmonize the regulations within the Sector San 
Juan AOR, remove unnecessary regulations, and add regulations regarding 
port closures in the event of natural and other disasters and safety 
zones for firework barges.

D. Discussion of Proposed Rule

    The main change of the regulations is the consolidation of 11 
existing regulations into four regional regulations and a natural and 
other disasters safety zone. The consolidated regulation would be 
published as 33 CFR 165.754 for the North Coast of Puerto Rico; 33 CFR 
165.755 for the South Coast of Puerto Rico; 33 CFR 165.757 for St. 
Thomas; 33 CFR 165.758 for St. Croix; and 33 CFR 165.762 Natural and 
Other Disasters Safety Zone for Sector San Juan COTP Zone.
    Safety and Security Zones; North Coast of Puerto Rico (33 CFR 
165.754) would combine the regulations set forth in the current 33 CFR 
165.754, 33 CFR 165.758, and 33 CFR 165.776. This new regulation would 
not alter the security zone for the Coast Guard Base and cruise ships. 
However, the moving safety zone for Liquefied Hazardous Gas (LHG) would 
be altered from the existing distance of .5 NM to 100 yards to align 
with the rest of the LHG safety zones in the AOR, and also it will add 
a fixed 50 yard safety zone around the vessel at all times while the 
vessel is moored. Additionally, a safety zone for certain vessels and 
firework barges would be added, establishing at all times a safety zone 
around vessels that pose a higher risk of injury to people or property 
without publishing Temporary Final Rules for each individual event, 
which often are done with minimal notice to the public.
    Safety and Security Zones; South Coast of Puerto Rico (33 CFR 
165.755) would combine the regulations set forth in the current 33 CFR 
165.755, 33 CFR 165.778, and the parts of 33 CFR 165.757 that regulate 
Guayanilla, Tallaboa, and Ponce. This new regulation would not alter 
the security zone for cruise ships. The safety zone for LHG while the 
vessel is transiting will remain unaltered, however a fixed 50-yard 
security zone would be added around the vessel at all times while the 
vessel is moored. Additionally, a safety

[[Page 35803]]

zone for certain vessels and firework barges would be added, 
establishing at all times a safety zone around these vessels that pose 
a higher risk of injury to people or property without necessitating 
publication of a Temporary Final Rules for each individual event, which 
often are done with minimal notice to the public.
    Safety and Security Zones; St. Croix, USVI (33 CFR 165.757) would 
combine the regulations set forth in the current 33 CFR 165.763 and the 
parts of 33 CFR 165.757 that regulate Limetree Bay. This new regulation 
would not alter the security zone for cruise ships. The safety zone for 
LHG while the vessel is moving will remain unaltered, however a fixed 
50 yard security zone would be added around the vessel at all times 
while the vessel is moored. Additionally, a safety zone for certain 
vessels and firework barges would be added, establishing at all times a 
safety zone around these vessels that pose a higher risk of injury to 
people or property without necessitating publication of a Temporary 
Final Rule for each individual event, which are often done with minimal 
notice to the public.
    Safety and Security Zones; St. Thomas, USVI (33 CFR 165.758) would 
include the regulations set forth in the current 33 CFR 165.762. This 
new regulation would not alter the security zone for cruise ships. 
However, a safety zone for certain vessels and firework barges would be 
added, establishing at all times a safety zone around these vessels 
that pose a higher risk of injury to people or property without 
necessitating publication of Temporary Final Rules for each individual 
event, which are often done with minimal notice to the public. Three 
safety zones for reoccurring firework displays will be added to this 
regulation.
    Safety Zone; Sector San Juan COTP Zone Natural and Other Disasters 
Port Closure (33 CFR 165.762) would be added to provide the legal 
jurisdiction to close a ports affected by natural and other disasters. 
In the past, temporary regulations regarding port closures have been 
published after natural and other disasters; however, publishing this 
notice in a permanent regulation provides better advance notice to the 
public regarding when port closures should be expected to occur, and 
would only require publication of a Notice of Enforcement during the 
storm itself, increasing efficiency and reducing the workload to the 
Coast Guard. There will be no change in the manner in which the public 
is notified by the Coast Guard of a port closure.
    Disestablishment of the following regulations: the current 33 CFR 
165.766 and 33 CFR 165.770. Both of these regulations are for the 
permanent security zone around HOVENSA refinery; however, this facility 
is no longer operating as a refinery and is now only an oil terminal. 
Even if the refinery were to become operational again, disestablishment 
of the security zone would not stop the refinery from becoming 
operational again. Similarly, the disestablishment of the current 33 
CFR 165.771, the regulation for a safety zone around an LNG vessel 
transiting into Ponce, PR is unnecessary. This regulation is not needed 
as only two LNG vessels have entered Ponce, PR in recent history. Also, 
the proposed regulations concerning ``certain vessels'' will allow for 
the establishment of a safety zone if LNG vessels frequent Ponce, PR in 
the future.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This regulation is not 
significant regulatory action because most of the proposed regulations 
already exist in some form; such as natural and other disasters safety 
zones as a temporary final rule for each individual natural or other 
disasters, security zones around cruise ships, safety zones around LHG 
vessels, and firework safety zones. The regulations that are being 
added are not expected to have a significant regulatory action due to 
the infrequency of use for the new moving safety zones around certain 
vessels. The addition of the safety zone regarding moored LHG vessels 
should not have a significant effect because it is not anticipated to 
impede any other commercial traffic. The removal of the LHG safety zone 
for Ponce would have no effect as it has not been used since it was 
published.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    These safety and security zones would not have a significant 
economic impact on a substantial number of small entities for the 
reasons discussed in the Regulatory Evaluation section above.
    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.

3. Assistance for Small Entities

    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 contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for Federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your

[[Page 35804]]

message can be received without jeopardizing the safety or security of 
people, places or vessels.

7. 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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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 proposed rule involves amending, 
reorganization, and republication of existing safety and security zones 
around specific vessels of less than a week in duration and the 
addition of port closures that would be otherwise published as TFR. 
This rule will be categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

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 proposes 
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Revise Sec.  165.754 to read as follows:


Sec.  165.754  Safety and Security Zones; North Coast of Puerto Rico

    (a) Location. All coordinates referenced use datum: NAD 83. The 
following areas are established as a safety zones during the specified 
conditions:
    (1) Safety Zone around Liquefied Hazardous Gas (LHG) vessels.
    (i) All waters of the Atlantic Ocean within a 100 yard radius 
surrounding all LHG vessels with product aboard while transiting south 
of Latitude 18[deg]29.5' N on approach to or departing from Port of San 
Juan, Puerto Rico. The safety zone remains in effect until the LHG 
vessel is moored or anchored.
    (ii) All waters of San Juan Harbor within a 50-yard radius 
surrounding all LHG vessels while the vessel is moored or anchored with 
product aboard or is transferring LHG within the waters of Port of San 
Juan, Puerto Rico.
    (2) Security Zone around Cruise Ships.
    (i) All waters of the Atlantic Ocean within a 50-yard radius 
surrounding all cruise ships while transiting south of Latitude 
18[deg]29.5' N on approach to or departing from Port of San Juan, 
Puerto Rico. The safety zone remains in effect until the cruise ship is 
moored or anchored.
    (ii) All waters of San Juan Harbor within a 50-yard radius 
surrounding all cruise ships while the vessel is moored or anchored 
within the Port of San Juan, Puerto Rico.
    (3) Safety Zone around Certain vessels.
    (i) All waters of the Atlantic Ocean within a 100-yard radius 
surrounding certain vessel while transiting within 1 NM from the port 
entrance on approach to or departing from the Ports of Fajardo, San 
Juan, or Arecibo, Puerto Rico. The safety zone remains in effect until 
the vessel is moored or anchored.
    (ii) All waters within a 100 yard radius surrounding certain vessel 
while the vessel is moored or anchored within the waters of Ports of 
Fajardo, San Juan, or Arecibo, Puerto Rico.
    (4) Security Zone around Coast Guard Base San Juan. All waters of 
San Juan Harbor encompassed by an imaginary line connecting the 
following points: starting at Point 1 in position 18[deg]27.65' N, 
066[deg]06.93' W; thence east to Point 2 in position 18[deg]27.65' N, 
066[deg]06.87' W; thence south to Point 3 in position 18[deg]27.58' N, 
066[deg]06.93' W; thence southwest to Point 4 in position 18[deg]27.5' 
N, 066[deg]06.98' W; thence northeast to Point 5 in position 
18[deg]27.42' N, 066[deg]07.12' W; thence north to Point 6 in position 
18[deg]27.77' N, 066[deg]07.17' W; thence northwest to Point 7 in 
position 18[deg]27.77' N, 066[deg]07.12' W; and thence following the 
coastline back to the origin.
    (5) Safety Zone around Firework Displays. All waters within the San 
Juan COTP Zone within a 1,000 foot radius of a firework barge. The 
Coast Guard realizes that some large scale events, such as those with 
many participants or spectators, or those that could severely

[[Page 35805]]

restrict navigation or pose a significant hazard, may still require 
separate special local regulations or safety zones that address the 
specific peculiarities of the event. In those situations, the Coast 
Guard will create special local regulations or safety zones 
specifically for the event, and those regulations will supersede the 
proposed regulations in this rule.
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these safety and security zones will 
be in effect by providing advance notice of scheduled arrivals and 
departures of vessels via a broadcast notice to mariners.
    (c) Definitions.
    (1) Cruise ship. For the purposes of this section, Cruise ship 
means a passenger vessel greater than 100 feet in length that is 
authorized to carry more than 150 passengers for hire, except for a 
ferry.
    (2) Certain vessel. For the purposes of this section, ``certain 
vessel'' means any vessel within 3 nautical miles of U.S. Territorial 
Waters and bound for a port listed in paragraph (a)(3) that is deemed 
to be in need of a moving safety zone by the Captain of the Port, San 
Juan for safety reasons. In making this determination, the Captain of 
the Port considers all relevant safety factors, including but not 
limited to the presence of unusually harmful or hazardous substances 
and the risk to population or infrastructure.
    (3) Designated representative. For the purposes of this section, 
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 San Juan in the enforcement of 
the security zone.
    (4) Vessel. For the purposes of this section, vessel means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water, except 
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug 
boats.
    (5) LHG. For the purposes of this section, LHG means all cargos 
regulated under 33 CFR part 127 to include LNG.
0
3. Revise Sec.  165.755 to read as follows:


Sec.  165.755  Safety and Security Zones; South Coast of Puerto Rico

    (a) Location. All coordinates referenced use datum: NAD 83. The 
following areas are established as a safety zones during the specified 
conditions:
    (1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels.
    (i) Port of Tallaboa, Puerto Rico. (A) All waters of the Caribbean 
Sea within a 100 yard radius surrounding all LHG vessels with product 
aboard while transiting north of Latitude 17[deg]56.0' N on approach to 
or departing from the Port of Tallaboa, Puerto Rico. The safety zone 
remains in effect until the LHG vessel is moored.
    (B) All waters of Bahia de Tallaboa within a 50-yard radius 
surrounding all LHG vessels while the vessel is moored or anchored with 
product aboard or is transferring LHG within the Port of Tallaboa, 
Puerto Rico.
    (ii) Port of Guayanilla, Puerto Rico. (A) All waters of the 
Caribbean Sea within a 100-yard radius surrounding all LHG vessels 
around with product aboard while transiting north of Latitude 
17[deg]57.0' N in the waters of the Caribbean Sea on approach to or 
departing from the Port of Guayanilla, Puerto Rico. The safety zone 
remains in effect until the LHG vessel is moored.
    (B) All waters of Bahia de Guayanilla within a 50-yard radius 
surrounding all LHG vessels while the vessel is moored or anchored with 
product aboard or is transferring LHG within the Port of Guayanilla, 
Puerto Rico.
    (2) Security Zone around Cruise Ships.
    (i) All waters of the Caribbean Sea within a 50 yard radius 
surrounding all cruise ships while transiting east of Longitude 
067[deg]11.5' W on approach to or departing from Port of Mayaguez, 
Puerto Rico. The safety zone remains in effect until the cruise ship is 
moored or anchored.
    (ii) All waters of Bahia de Mayaguez within a 50 yard radius 
surrounding all cruise ships while the vessel is moored or anchored 
within the Port of Mayaguez, Puerto Rico.
    (3) Safety Zone around Certain Vessels.
    (i) All waters of the Caribbean Sea within a 100 yard radius 
surrounding certain vessel while transiting within 1 NM from the port 
entrance on approach to or departing from the Ports of Yabucoa, 
Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and Guanica, 
Puerto Rico. The safety zone remains in effect until the vessel is 
moored or anchored.
    (ii) All waters within a 100 yard radius surrounding certain vessel 
while the vessel is moored or anchored within the waters of Ports of 
Yabucoa, Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and 
Guanica, Puerto Rico.
    (4) Safety Zone zone around Firework Displays. All waters with the 
San Juan COTP Zone within a 1000 foot radius of a firework barge. The 
Coast Guard realizes that some large scale events, such as those with 
many participants or spectators, or those that could severely restrict 
navigation or pose a significant hazard, may still require separate 
special local regulations or safety zones that address the specific 
peculiarities of the event. In those situations, the Coast Guard will 
create special local regulations or safety zones specifically for the 
event, and those regulations will supersede the proposed regulations in 
this rule.
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these safety and security zones will 
be in effect by providing advance notice of scheduled arrivals and 
departures of vessels via a broadcast notice to mariners.
    (c) Definitions.
    (1) Cruise ship. For the purposes of this section, Cruise ship 
means a passenger vessel greater than 100 feet in length that is 
authorized to carry more than 150 passengers for hire, except for a 
ferry.
    (2) Certain vessel. For the purposes of this section, certain 
vessel means any vessel within the 3 nautical miles of U.S. Territorial 
Waters and bound for the listed ports in (a)(3) that is deemed to be in 
need of a moving safety zone by the Captain of the Port, San Juan for

[[Page 35806]]

safety reasons. In making this determination, the Captain of the Port 
considers all relevant safety factors, including but not limited to the 
presence of unusually harmful or hazardous substances and the risk to 
population or infrastructure.
    (3) Designated representative. For the purposes of this section, 
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 San Juan in the enforcement of 
the security zone.
    (4) Vessel. For the purposes of this section, vessel means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water, except 
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug 
boats.
    (5) LHG. For the purposes of this section, LHG means all cargos 
regulated under 33 CFR part 127 to include LNG.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
0
4. Revise Sec.  165.757 to read as follows:


Sec.  165.757  Safety and Security Zones; St. Croix, USVI.

    (a) Location. All coordinates referenced use datum: NAD 83. The 
following areas are established as a safety zones during the specified 
conditions:
    (1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels.
    (i) All waters of the Caribbean Sea within a 100 yard radius 
surrounding all LHG vessels with product aboard while transiting north 
of Latitude 17[deg]39.0' N on approach to or departing from the Port of 
Limetree Bay, Saint Croix, U.S. Virgin Islands.
    (ii) All waters of Limetree Bay within a 50-yard radius surrounding 
all LHG vessels while the vessel is docked with product aboard or is 
transferring LHG within the waters of the Port of Limetree Bay, Saint 
Croix, U.S. Virgin Islands.
    (2) Security Zone around Cruise Ships.
    (i) All waters of the Caribbean Sea within a 50 yard radius 
surrounding all cruise ships while transiting east of Longitude 
064[deg]54.5' W on approach to or departing from Port of Fredericksted, 
Saint Croix, U.S. Virgin Islands. The safety zone remains in effect 
until the cruise ship is moored or anchored.
    (ii) All waters of the Caribbean Sea within a 50 yard radius 
surrounding all cruise ships while the vessel is moored or anchored 
within the Port of Fredericksted, Saint Croix, U.S. Virgin Islands.
    (3) Safety Zone around Certain Vessels.
    (i) All waters of the Caribbean Sea within a 100 yard radius 
surrounding certain vessels while transiting within 1 NM from the port 
entrance on approach to or departing from the Ports of Frederiksted, 
Limetree Bay, Krause Lagoon, and Christiansted, Saint Croix, U.S. 
Virgin Islands. The safety zone remains in effect until the vessel is 
moored or anchored.
    (ii) All waters within a 100 yard radius surrounding certain 
vessels while the vessel is moored or anchored within the waters of 
Ports of Frederiksted, Limetree Bay, Krause Lagoon, and Christiansted, 
Saint Croix, U.S. Virgin Islands.
    (4) Safety Zone around Firework Displays. All waters within the San 
Juan COTP Zone within a 1000 foot radius of a firework barge. The Coast 
Guard realizes that some large scale events, such as those with many 
participants or spectators, or those that could severely restrict 
navigation or pose a significant hazard, may still require separate 
special local regulations or safety zones that address the specific 
peculiarities of the event. In those situations, the Coast Guard will 
create special local regulations or safety zones specifically for the 
event, and those regulations will supersede the proposed regulations in 
this rule.
    (b) Regulations. (1) Under general regulations in Sec.  165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these safety and security zones will 
be in effect by providing advance notice of scheduled arrivals and 
departures of vessels via a broadcast notice to mariners.
    (c) Definition.
    (1) Cruise ship. For the purposes of this section, Cruise ship 
means a passenger vessel greater than 100 feet in length that is 
authorized to carry more than 150 passengers for hire, except for a 
ferry.
    (2) Certain vessel. For the purposes of this section, certain 
vessel means any vessel within the 3 nautical mile U.S. Territorial 
Waters and bound for the listed ports in (a)(3) that is deemed to be in 
need of a moving safety zone by the Captain of the Port, San Juan for 
safety reasons. In making this determination, the Captain of the Port 
considers all relevant safety factors, including but not limited to the 
presence of unusually harmful or hazardous substances and the risk to 
population or infrastructure.
    (3) Designated representative. For the purposes of this section, 
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 San Juan in the enforcement of 
the security zone.
    (4) Vessel. For the purposes of this section, vessel means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water, except 
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug 
boats.
    (5) LHG. For the purposes of this section, LHG means all cargos 
regulated under 33 CFR part 127 to include LNG.

5. Revise Sec.  165.758 to read as follows:


Sec.  165.758  Safety and Security Zones; St. Thomas, USVI.

    (a) Location. All coordinates referenced use datum: NAD 83. The 
following areas are established as a safety zones during the specified 
conditions:
    (1) Security Zone around Cruise Ships.
    (i) All waters of the Caribbean Sea within a 50 yard radius 
surrounding all cruise ships while transiting north of Latitude 
18[deg]18.0' N on approach to or departing from Port of St. Thomas, 
Saint Thomas, U.S. Virgin Islands. The safety zone remains in effect 
until the cruise ship is moored or anchored.
    (ii) All waters of St. Thomas Harbor within a 50 yard radius 
surrounding all cruise ships while the vessel is moored or anchored 
within the Port of St. Thomas, Saint Thomas, U.S. Virgin Islands.
    (2) Safety Zone around Certain Vessels.
    (i) All waters of the Caribbean Sea within a 100 yard radius 
surrounding certain vessel while transiting within 1 NM from the port 
entrance on approach to or departing from the Ports of Charlotte 
Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin Islands.

[[Page 35807]]

The safety zone remains in effect until the vessel is moored or 
anchored.
    (ii) All waters within a 100 yard radius surrounding certain vessel 
while the vessel is moored or anchored within the waters of Ports of 
Charlotte Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin 
Islands.
    (3) Safety Zone around Firework Displays.
    (i) St. John: 4th of July Firework Display. All waters of the Cruz 
Bay within a 200 yards radius centered on the position 18[deg]19.92' N, 
064[deg]48.1' W on the 4th of July.
    (ii) St. Thomas: V. I. Carnival Finale. All waters of St. Thomas 
Harbor within an 800 foot radius centered on the position 
18[deg]20.200' N, 64[deg]55.200' W during the week of Carnival.
    (iii) St. Thomas: Yatch Haven New Years Eve Celebrations. All 
waters of St. Thomas Harbor within an 800 foot radius centered on the 
position 18[deg]20.160' N, 64[deg]55.492' W on New Year's Eve.
    (iv) All waters within the San Juan COTP Zone within a 1000 foot 
radius of a firework barge not otherwise specified in this paragraph. 
The Coast Guard realizes that some large scale events, such as those 
with many participants or spectators, or those that could severely 
restrict navigation or pose a significant hazard, may still require 
separate special local regulations or safety zones that address the 
specific peculiarities of the event. In those situations, the Coast 
Guard will create special local regulations or safety zones 
specifically for the event, and those regulations will supersede the 
proposed regulations in this rule.
    (b) Regulations.
    (1) Under general regulations in Sec.  165.33 of this part, 
entering, anchoring, mooring or transiting in these zones is prohibited 
unless authorized by the Coast Guard Captain of the Port of San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these safety and security zones will 
be in effect by providing advance notice of scheduled arrivals and 
departures of vessels via a broadcast notice to mariners.
    (c) Definition.
    (1) Cruise ship. For the purposes of this section, Cruise ship 
means a passenger vessel greater than 100 feet in length that is 
authorized to carry more than 150 passengers for hire, except for a 
ferry.
    (2) Certain vessel. For the purposes of this section, certain 
vessel means any vessel within the 3 nautical mile U.S. Territorial 
Waters and bound for the listed ports in (a)(2) that is deemed to be in 
need of a moving safety zone by the Captain of the Port San Juan for 
safety reasons. In making this determination, the Captain of the Port 
considers all relevant safety factors, including but not limited to the 
presence of unusually harmful or hazardous substances and the risk to 
population or infrastructure.
    (3) Designated representative. For the purposes of this section, 
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 San Juan in the enforcement of 
the security zone.
    (4) Vessel. For the purposes of this section, vessel means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water, except 
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug 
boats.
    (5) LHG. For the purposes of this section, LHG means all cargos 
regulated under 33 CFR part 127 to include LNG.
0
6. Revise Sec.  165.762 to read as follows:


Sec.  165.762  Safety Zone; Sector San Juan COTP Zone Natural and Other 
Disasters Port Closure

    (a) Regulated Areas. The following regulated areas are safety 
zones:
    (1) St. Thomas and St. John, USVI. All waters of the Atlantic Ocean 
and Caribbean Sea surrounding St. Thomas, USVI and St. John, USVI 
encompassed within an imaginary line connecting the following points: 
starting at point 1 in position 18[deg]24.380' N, 65[deg]04.960' W; 
thence east to point 2 in position 18[deg]25.162' N, 64[deg]53.774' W; 
thence southeast to point 3 in position 18[deg]22.386' N, 
64[deg]51.302' W; thence east to point 4 in position 18[deg]22.601' N, 
64[deg]45.061' W; thence east to point 5 in position 18[deg]21.311' N, 
64[deg]38.799' W; thence south to point 6 in position 18[deg]18.045' N, 
64[deg]39.087' W; thence west to point 7 in position 18[deg]17.184' N, 
64[deg]47.265' W; thence southwest to point 8 in position 
18[deg]15.776' N, 64[deg]53.733' W; thence west to point 9 in position 
18[deg]16.676' N, 65[deg]06.093' W; thence north back to the origin.
    (2) St. Croix, USVI. All waters of the Caribbean Sea surrounding 
St. Croix, USVI encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 17[deg]46.979' N, 
64[deg]55.093' W; thence east to point 2 in position 17[deg]49.040' N, 
64[deg]34.947' W; thence southeast to point 3 in position 
17[deg]44.176' N, 64[deg]33.947' W; thence southwest to point 4 in 
position 17[deg]39.701' N, 64[deg]43.763' W; thence west to point 5 in 
position 17[deg]38.681' N, 64[deg]54.846' W; thence north back to 
origin.
    (3) Culebra, PR. All waters of the Atlantic Ocean surrounding 
Culebra, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]22.901' N, 
65[deg]22.988' W; thence east to point 2 in position 18[deg]20.704' N, 
65[deg]12.968' W; thence southeast to point 3 in position 
18[deg]15.416' N, 65[deg]11.282' W; thence southwest to point 4 in 
position 18[deg]14.321' N, 65[deg]13.228' W; thence west to point 5 in 
position 18[deg]19.785' N, 65[deg]24.721' W; thence northeast back to 
origin.
    (4) Vieques, PR. All waters of the Caribbean Sea surrounding 
Vieques, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]05.622' N, 
65[deg]35.782' W; thence east southeast to point 2 in position 
18[deg]03.349' N, 65[deg]30.569' W; thence east northeast to point 3 in 
position 18[deg]07.076' N, 65[deg]14.739' W; thence north to point 4 in 
position 18[deg]10.230' N, 65[deg]14.970' W; thence west to point 5 in 
position 18[deg]11.113' N, 65[deg]29.510' W; thence west southwest to 
point 6 in position 18[deg]09.140' N, 65[deg]34.452' W; thence south 
back to the origin.
    (5) Arecibo, PR. All waters of the Atlantic Ocean surrounding 
Arecibo, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]28.577' N, 
66[deg]44.834' W; thence north to point 2 in position 18[deg]29.939' N, 
66[deg]44.834' W; thence east to point 3 in position 18[deg]29.939' N, 
66[deg]41.644' W; thence south to point 4 in position 18[deg]28.865' N, 
66[deg]41.644' W; thence following the coastline back to origin.
    (6) San Juan, PR. All waters of the Atlantic Ocean surrounding San 
Juan Harbor, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]28.511' N, 
66[deg]08.370' W; thence north to point 2 in position 18[deg]29.430' N, 
66[deg]08.370' W; thence east to point 3 in position 18[deg]29.430' N, 
66[deg]07.503' W; thence south to point 4 in position

[[Page 35808]]

18[deg]28.336' N, 66[deg]07.503' W; thence following the coastline back 
to origin.
    (7) Fajardo, PR. All waters of the Atlantic Ocean surrounding 
Fajardo, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]21.311' N, 
65[deg]36.597' W; thence east to point 2 in position 18[deg]21.103' N, 
65[deg]36.855' W; thence south to point 3 in position 18[deg]18.639' N, 
65[deg]36.332' W; thence west to point 4 in position 18[deg]17.835' N, 
65[deg]37.679' W; thence following the coastline back to origin.
    (8) Yabucoa, PR. All waters of the Caribbean Sea surrounding 
Yabucoa, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]01.279' N, 
65[deg]49.820' W; thence east southeast to point 2 in position 
18[deg]00.511' N, 65[deg]48.431' W; thence northeast to point 3 in 
position 18[deg]03.181' N, 65[deg]47.365' W; thence northwest to point 
4 in position 18[deg]03.546' N, 65[deg]48.108' W; thence following the 
coastline back to origin.
    (9) Guayama and Salinas, PR. All waters of the Caribbean Sea 
surrounding Guayama and Salinas, PR encompassed within an imaginary 
line connecting the following points: starting at point 1 in position 
17[deg]56.779' N, 66[deg]23.514' W; thence south to point 2 in position 
17[deg]54.450' N, 66[deg]23.514' W; thence east to point 3 in position 
17[deg]54.450' N, 66[deg]10.832' W; thence north to point 4 in position 
17[deg]56.162' N, 66[deg]10.832' W; thence following the coastline back 
to origin.
    (10) Ponce, Guayanilla and Tallaboa, PR. All waters of the 
Caribbean Sea surrounding Ponce, Guayanilla and Tallaboa, PR 
encompassed within an imaginary line connecting the following points: 
starting at point 1 in position 17[deg]57.969' N, 66[deg]48.489' W; 
thence south to point 2 in position 17[deg]56.181' N, 66[deg]48.489' W; 
thence east to point 3 in position 17[deg]56.181' N, 66[deg]36.833' W; 
thence north to point 4 in position 17[deg]57.830' N, 66[deg]36.833' W; 
thence following the coastline back to origin.
    (11) Guanica, PR. All waters of the Caribbean Sea surrounding 
Guanica, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 17[deg]55.907' N, 
66[deg]55.151' W; thence south to point 2 in position 17[deg]54.887' N, 
66[deg]54.973' W; thence east to point 3 in position 17[deg]55.557' N, 
66[deg]52.292' W; thence north to point 4 in position 17[deg]56.500' N, 
66[deg]52.494' W; thence following the coastline back to origin.
    (12) Mayaguez, PR. All waters of the Caribbean Sea surrounding 
Mayaguez, PR encompassed within an imaginary line connecting the 
following points: starting at point 1 in position 18[deg]10.159' N, 
67[deg]10.826' W; thence west to point 2 in position 18[deg]10.159' N, 
67[deg]12.539' W; thence north to point 3 in position 18[deg]14.371' N, 
67[deg]12.539' W; thence east to point 4 in position 18[deg]14.371' N, 
67[deg]10.405' W; thence following the coastline back to origin.
    (b) Definitions.
    (1) Designated representative. 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 San Juan in the enforcement of the 
regulated area.
    (2) Hurricane Port Condition YANKEE. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 24 hours.
    (3) Hurricane Port Condition ZULU. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 12 hours.
    (c) Regulations.
    (1) Hurricane Port Condition YANKEE. All inbound oceangoing 
commercial vessel traffic over 200GT are prohibited from entering any 
of the 11 regulated areas designated as being in Port Condition YANKEE 
within the COTP Zone San Juan; within 24 hours of anticipated landfall 
of gale force winds (39 mph) from a tropical- or hurricane-force storm; 
or upon the Coast Guard setting Port Condition YANKEE for inbound ocean 
going commercial vessel traffic over 200GT. Oceangoing commercial 
vessel traffic outbound will be authorized to transit through the 
safety zone until Port Condition ZULU.
    (2) Hurricane Port Condition ZULU. All oceangoing commercial vessel 
traffic over 200GT are prohibited from transiting or remaining in any 
of the 11 regulated areas designated as being in Port Condition Zulu 
within COTP San Juan within 12 hours of anticipated landfall of a 
tropical storm or hurricane; or upon the Coast Guard setting of Port 
Condition ZULU, unless written permission is obtained from the Captain 
of the Port.
    (3) Emergency Closure for Other Disasters. Any natural or other 
disasters that are anticipated to effect the COTP San Juan AOR will 
result in the prohibition of commercial vessel traffic transiting or 
remaining in any of the 11 regulated areas predicted to be effected as 
designated by the COTP San Juan = .
    (4) Pursuant to the general regulations in Sec.  165.33 of this 
part, entering, anchoring, mooring or transiting in the regulated areas 
enacted above in paragraphs (c)(1) and (c)(2) is prohibited unless 
authorized by the Coast Guard Captain of the Port of San Juan.
    (5) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (6) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these safety zones will be in effect 
by via a broadcast notice to mariners.


Sec. Sec.  165.763, Sec.  165.766, Sec.  165.770, Sec.  165.771, Sec.  
165.776, and Sec.  165.778  [Removed and Reserved]

0
7. Remove and reserve Sec. Sec.  165.763, 165.766, 165.770, 165.771, 
165.776 and 165.778.

    Dated: May 5, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-14077 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-04-P