Safety and Security Zones, San Juan Captain of the Port Zone, 35801-35808 [2013-14077]
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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
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(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
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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.
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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:
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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:
https://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 https://
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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 https://
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
https://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.
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2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://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.
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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(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
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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
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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
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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
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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:
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§ 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
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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.
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(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.
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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.
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(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
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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
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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:
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
[[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
https://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 https://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 https://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