Safety Zone; San Juan Harbor, San Juan, PR, 48278-48281 [2019-19851]
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Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a temporary special local
regulation on the Tennessee River from
mile 255 to 257. The regulated area,
specified in the discussion portion of
this rule, will be in effect from 9 a.m.
through 4 p.m. on September 14, 2019.
It is categorically excluded from further
review under paragraph L61 in Table 3–
1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1.
G. 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
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Dated: September 9, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–19837 Filed 9–12–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
[Docket Number USCG–2019–0686]
PART 100—SPECIAL LOCAL
REGULATIONS/REGATTAS AND
MARINE PARADES
SUMMARY:
RIN 1625–AA00
Safety Zone; San Juan Harbor, San
Juan, PR
ACTION:
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0768 to read as
follows:
■
§ 100.T08–0768 Special Local Regulation;
Tennessee River, Florence, AL.
(a) Location. The Tennessee River
mile 255 to 257.
(b) Periods of enforcement. This
temporary special local regulation will
be enforced from 9 a.m. through 4 p.m.
on September 14, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry into this regulated area
is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated personnel. Persons or vessels
desiring to enter into or pass through
the special local regulated area must
request permission from the COTP or a
designated representative. They may be
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
■
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contacted on VHF–FM radio channel 16
or phone at 1–800–253–7465.
(2) Persons and vessels permitted to
enter the special local regulated area
must transit at the slowest safe speed
and comply with all lawful directions
issued by the COTP or a designated
representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners of the
enforcement period for the special local
regulation, as well as any changes in the
dates and times of enforcement.
The Coast Guard is
establishing a temporary safety zone for
navigable waters within an area of one
half mile around each Liquefied Gas
carrier entering and departing San Juan
Harbor and a 50-yard radius around
each vessel when moored at the Puma
Energy dock, Catan˜o Oil dock, or Wharf
B. This safety zone is needed to protect
personnel, transiting vessels, and
Liquefied Gas carriers. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port San Juan or his
designated representative.
DATES: This rule is effective without
actual notice from September 13, 2019
until 11:59 p.m. on November 15, 2019.
For the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
August 25, 2019 September 13, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0686 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
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further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Pedro Mendoza, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The existing regulation in 33 CFR
165.754, contains a moving safety zone
around transiting Liquefied Petroleum
(LPG) carriers en route to, or departing
from, the Gulf Refinery Oil dock or the
Catan˜o Oil dock. On December 12, 2017,
the Coast Guard received a request to
assess the waterway suitability of
transiting and semi-permanently
moored liquefied natural gas (LNG)
carriers within the San Juan Harbor. On
September 26, 2018, the Coast Guard
determined the Port of San Juan could
accommodate the safe navigation and
mooring of LNG carriers within the San
Juan Harbor. On July 26, 2019, U.S
Coast Guard Sector San Juan and New
Fortress Energy held two public
meetings in San Juan, Puerto Rico.
There were approximately 50 attendees
and 20 comments received. The public
meetings’ summary and comments have
been added to this docket number.
Due to their highly volatile cargoes,
size, draft, and the local channel
restrictions, LPG carrier require use of
the center of these channels for safe
navigation. The COTP San Juan has
determined that potential hazards
associated with LNG carriers would be
a safety concern for anyone within 50yards of these carriers. The purpose of
this rule is to ensure the safety of
vessels and the navigable waters within
a 50-yard radius of LNG and LPG
carriers transiting San Juan Harbor. The
temporary final rule would safeguard
vessels at an adjacent berthing location,
Puerto Nuevo Berth B, which supplies
LNG to the Puerto Rico Electric Power
Authority (PREPA) and other industrial
sectors.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
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Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
because immediate action is needed to
safeguard incoming, moored, and
outgoing LNG carriers within San Juan
Harbor, San Juan, Puerto Rico.
Under 33 CFR 165.754, the Coast
Guard has an existing safety zone in
effect for this area but for only LPG
carriers. The Coast Guard did not
receive sufficient information regarding
the transit of LNG with sufficient time
to publish an additional NPRM and
receive public comment in order to
complete the rulemaking process. Delay
in promulgating this rule would be
impracticable and contrary to public
interest because a safety zone is
required to safeguard the first LNG
carrier expected to arrive in San Juan,
Puerto Rico on August 25, 2019.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register for the same reasons discussed
above.
We note that the Coast Guard is in the
process of publishing an NPRM
proposing to revise the existing safety
zone for LPG carriers in § 165.754 to
include LNG carriers.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) San Juan has
determined that the LNG carrier
expected to arrive on August 25, 2019
will be a safety concern for anyone
within a one-half mile during its transit
entering and departing San Juan Harbor
and within a 50-yard radius when the
vessel is moored. This rule is needed to
ensure the safety of personnel, vessels,
and the marine environment in the
navigable waters within the safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone
from 12:01 a.m. on August 25, 2019
until 11:59 p.m. on November 15, 2019.
The safety zone will cover all navigable
waters one half mile around each
Liquefied Gas carrier entering and
departing San Juan Harbor and a 50yard radius around each vessel when
moored. No vessel or person will be
permitted to enter the safety zone
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without obtaining permission from the
COTP or a designated representative.
If authorization to enter, transit
through, anchor in, or remain within the
safety zone is granted by the COTP San
Juan or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP San Juan or a
designated representative. The Coast
Guard will provide notice of the safety
zone through Local Notice to Mariners,
Broadcast Notice to Mariners via VHF–
FM marine channel 16, and designated
on-scene representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, available
exceptions to the enforcement of the
safety zone, and notice to mariners. The
regulated area will impact small
designated areas of navigable channels
within San Juan Harbor. The rule will
allow vessels to seek permission to
enter, transit through, anchor in, or
remain within the safety zone.
Additionally, notifications to the marine
community will be made through Local
Notice to Mariners, Broadcast Notice to
Mariners via VHF–FM marine channel
16, and on-scene representatives. The
notifications will allow the public to
plan operations around the affected
areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
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48279
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
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Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 36 days that will prohibit
entry within one half mile around each
Liquefied Gas carrier entering and
departing San Juan Harbor and a 50yard radius around each vessel when
moored. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the NPRM to
modify the San Juan Harbor, San Juan,
Puerto Rico safety zone is properly
proposed and implemented. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0686 to read as
follows:
■
§ 165.T07–0686 Safety Zone; San Juan
Harbor, San Juan, PR.
(a) Location. A moving safety zone is
established in the following area:
(1) The waters around Liquefied Gas
carriers entering San Juan Harbor in an
area one half mile around each vessel,
beginning one mile north of the San
Juan Harbor #1 Sea Buoy, in
approximate position 18–29.3N, 66–
07.6W and continuing until the vessel is
moored at the Puma Energy dock,
Catan˜o Oil dock, or Wharf B in
approximate position 18–25.8N, 66–
06.5W. All coordinates are North
American Datum 1983.
(2) The waters around Liquefied Gas
carriers in a 50-yard radius around each
vessel when moored at the Puma Energy
dock, Catan˜o Oil dock, or Wharf B.
(3) The waters around Liquefied Gas
carriers departing San Juan Harbor in an
area one half mile around each vessel
beginning at the Puma Energy Dock,
Catan˜o Oil dock, or Wharf B in
approximate position 18–25.8N, 66–
06.5W when the vessel gets underway,
and continuing until the stern passes
the San Juan Harbor #1 Sea Buoy, in
approximate position 18–28.3N, 66–
07.6W. All coordinates referenced use
datum: NAD 83.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
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operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) San Juan in the
enforcement of the safety zone.
(c) Regulations. (1) No person or
vessel may enter, transit, or remain in
the safety zone unless authorized by the
COTP San Juan, Puerto Rico, or a
designated Coast Guard commissioned,
warrant, or petty officer. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the designated Coast Guard
commissioned, warrant, or petty officer.
(2) Persons desiring to transit the area
of the safety zones may contact the
COTP San Juan or his designated
representative to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the COTP or his
designated representative.
(3) Vessels encountering emergencies,
which require transit through the
moving safety zone, should contact the
Coast Guard patrol craft or Duty Officer
on VHF Channel 16. In the event of an
emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zone with a Coast Guard
designated escort.
(4) The COTP and the Duty Officer at
Sector San Juan, Puerto Rico, can be
contacted at telephone number 787–
289–2041. The Coast Guard Patrol
Commander enforcing the safety zone
can be contacted on VHF–FM channels
16 and 22A.
(5) All persons and vessels must
comply with the instructions of onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
(d) Notification. The zone described
in paragraphs (a)(1) through (3) of this
section will be activated upon entry of
an LNG carrier into the navigable waters
of the United States in the San Juan
Captain of the Port Zone. An LNG
carrier will be identifiable by the
requirement to fly the Bravo flag (red
international signal flag under Pub. 102,
International Code of Signals) from the
outermost halyard (above the pilot
house) where it can most easily be seen.
In addition to visual identification of an
LNG carrier, Coast Guard Sector San
Juan will give notice through Mariners
Broadcast Notice to Mariners for the
purpose of enforcement of the
temporary safety zone.
(e) Effective period. This rule is
effective from 12:01 a.m. on August 25,
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2019 through 11:59 p.m. on November
15, 2019.
Dated: August 23, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2019–19851 Filed 9–12–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1009]
RIN 1625–AA00
Safety Zones; Sector Upper
Mississippi River Annual and
Recurring Safety Zones Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
and updating its table of annual and
recurring safety zones that take place
within the Eighth Coast Guard District
listed in section 165.801 Table 2 of the
Title 33 of the Code of Federal
Regulations (CFR).
DATES: This rule is effective October 15,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1009 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
In Fall 2018, the Captain of the Port
Sector Upper Mississippi River (COTP)
began the annual review of section
165.801 Table 2 of Title 33 of the Code
of Federal Regulations (CFR) (33 CFR
165.801 Table 2) to ensure it accurately
reflected safety zones occurring on a
regular basis in the Sector Upper
Mississippi River Captain of the Port
Zone. On May 31, 2019 the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Sector Upper
Mississippi River Annual and Recurring
Safety Zones Update [84 FR 25212].
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to the
annual update. During the comment
period that ended July 1, 2019, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Upper
Mississippi River (COTP) is amending
and updating section 165.801 Table 2 of
Title 33 of the Code of Federal
Regulations (CFR) (33 CFR 165.801
Table 2) to accurately reflect safety
zones occurring on a regular basis in the
Sector Upper Mississippi River Captain
of the Port Zone. This rule ensures that
the public is informed of annual and
recurring safety zones taking place
within the Sector Upper Mississippi
River Captain of the Port Zone, that the
table of annual and recurring safety
zones is easy to read, and minimizes
administrative burden to both the Coast
Guard and those requesting the
enforcement of recurring safety zones.
The recurring safety zones are necessary
to provide for the safety of life on
navigable waters during events which
pose a risk to persons and vessels
operating on the waterway.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
May 31, 2019. We are adding the Kansas
City Airshow into this rule because the
sponsor said the 2019 Airshow was
successful and it will be taking place
again in 2020. Additionally, although
we proposed to remove them in the
NPRM, we are retaining the safety zones
for the City of Champlin/Father
Hennepin Fireworks Display and the
McGregor/Marquette Chamber
Commerce/Independence Day
Celebration. We now believe that both
of these events will continue to reoccur.
Section 165.801 of Title 33 CFR
contains regulations related to annual
and recurring safety zones. From time to
time, this section requires amendment
to properly reflect safety zones recurring
within the Eighth Coast Guard District.
This rule updates Table 2 of this section
by removing two safety zones, adding
one safety zone, updating details for all
safety zones to include the correction of
twelve names, re-defining the date of
safety zones for fireworks displays for
4th of July celebrations to permit greater
flexibility in planning of these events,
correcting errors in the nearest city for
nine safety zones, removing sponsor
names from all safety zones, and
rearranging the Table to display safety
zones first by the body of water on
which they take place (alphabetically),
second by the date(s) on which those
safety zones will be enforced, and third
by mile marker (descending). The
changes are as follows.
This rule is removes the following
two safety zones from Table 2 of 33 CFR
165.801:
Date
Sponsor/name
Sector upper
Mississippi
River location
35. 2 days—2nd weekend in August ....
Tug Committee/Great River Tug ..........
Port Byron, IL ........
39. 2 days—Weekend that precedes
Labor Day Weekend.
Lake of the Ozarks Shootout, Inc./Lake
of the Ozarks Shootout.
Lake of the Ozarks,
MO.
Both of these events are expected to
continue. However, the Coast Guard is
changing how the events are regulated
and, correspondingly, will be relocating
the regulations for these events to other
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16:11 Sep 12, 2019
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portions of the CFR in a separate rule or
rules.
This rule adds one safety zone (line
15 below), updates the details of all
safety zones in Table 2 of 33 CFR
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48281
Safety zone
Upper Mississippi River mile marker
497.2 to 497.6 (Illinois).
Lake of the Ozarks mile marker 032.5
to 034.5.
165.801, and reorganizes the table as
follows:
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]]>Agencies
[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48278-48281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19851]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0686]
RIN 1625-AA00
Safety Zone; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within an area of one half mile around each Liquefied
Gas carrier entering and departing San Juan Harbor and a 50-yard radius
around each vessel when moored at the Puma Energy dock, Cata[ntilde]o
Oil dock, or Wharf B. This safety zone is needed to protect personnel,
transiting vessels, and Liquefied Gas carriers. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port San Juan or his designated representative.
DATES: This rule is effective without actual notice from September 13,
2019 until 11:59 p.m. on November 15, 2019. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. on August 25,
2019 September 13, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0686 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Pedro Mendoza,
Sector San Juan Prevention Department, Waterways Management Division,
U.S. Coast Guard; telephone 787-729-2374, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The existing regulation in 33 CFR 165.754, contains a moving safety
zone around transiting Liquefied Petroleum (LPG) carriers en route to,
or departing from, the Gulf Refinery Oil dock or the Cata[ntilde]o Oil
dock. On December 12, 2017, the Coast Guard received a request to
assess the waterway suitability of transiting and semi-permanently
moored liquefied natural gas (LNG) carriers within the San Juan Harbor.
On September 26, 2018, the Coast Guard determined the Port of San Juan
could accommodate the safe navigation and mooring of LNG carriers
within the San Juan Harbor. On July 26, 2019, U.S Coast Guard Sector
San Juan and New Fortress Energy held two public meetings in San Juan,
Puerto Rico. There were approximately 50 attendees and 20 comments
received. The public meetings' summary and comments have been added to
this docket number.
Due to their highly volatile cargoes, size, draft, and the local
channel restrictions, LPG carrier require use of the center of these
channels for safe navigation. The COTP San Juan has determined that
potential hazards associated with LNG carriers would be a safety
concern for anyone within 50-yards of these carriers. The purpose of
this rule is to ensure the safety of vessels and the navigable waters
within a 50-yard radius of LNG and LPG carriers transiting San Juan
Harbor. The temporary final rule would safeguard vessels at an adjacent
berthing location, Puerto Nuevo Berth B, which supplies LNG to the
Puerto Rico Electric Power Authority (PREPA) and other industrial
sectors.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the
[[Page 48279]]
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because immediate action is needed to safeguard incoming, moored, and
outgoing LNG carriers within San Juan Harbor, San Juan, Puerto Rico.
Under 33 CFR 165.754, the Coast Guard has an existing safety zone
in effect for this area but for only LPG carriers. The Coast Guard did
not receive sufficient information regarding the transit of LNG with
sufficient time to publish an additional NPRM and receive public
comment in order to complete the rulemaking process. Delay in
promulgating this rule would be impracticable and contrary to public
interest because a safety zone is required to safeguard the first LNG
carrier expected to arrive in San Juan, Puerto Rico on August 25, 2019.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.
We note that the Coast Guard is in the process of publishing an
NPRM proposing to revise the existing safety zone for LPG carriers in
Sec. 165.754 to include LNG carriers.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) San
Juan has determined that the LNG carrier expected to arrive on August
25, 2019 will be a safety concern for anyone within a one-half mile
during its transit entering and departing San Juan Harbor and within a
50-yard radius when the vessel is moored. This rule is needed to ensure
the safety of personnel, vessels, and the marine environment in the
navigable waters within the safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from 12:01 a.m. on August 25,
2019 until 11:59 p.m. on November 15, 2019. The safety zone will cover
all navigable waters one half mile around each Liquefied Gas carrier
entering and departing San Juan Harbor and a 50-yard radius around each
vessel when moored. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
If authorization to enter, transit through, anchor in, or remain
within the safety zone is granted by the COTP San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP San Juan or a designated
representative. The Coast Guard will provide notice of the safety zone
through Local Notice to Mariners, Broadcast Notice to Mariners via VHF-
FM marine channel 16, and designated on-scene representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
available exceptions to the enforcement of the safety zone, and notice
to mariners. The regulated area will impact small designated areas of
navigable channels within San Juan Harbor. The rule will allow vessels
to seek permission to enter, transit through, anchor in, or remain
within the safety zone. Additionally, notifications to the marine
community will be made through Local Notice to Mariners, Broadcast
Notice to Mariners via VHF-FM marine channel 16, and on-scene
representatives. The notifications will allow the public to plan
operations around the affected areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
[[Page 48280]]
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting 36 days that will
prohibit entry within one half mile around each Liquefied Gas carrier
entering and departing San Juan Harbor and a 50-yard radius around each
vessel when moored. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the NPRM to modify the San Juan Harbor, San Juan, Puerto
Rico safety zone is properly proposed and implemented. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0686 to read as follows:
Sec. 165.T07-0686 Safety Zone; San Juan Harbor, San Juan, PR.
(a) Location. A moving safety zone is established in the following
area:
(1) The waters around Liquefied Gas carriers entering San Juan
Harbor in an area one half mile around each vessel, beginning one mile
north of the San Juan Harbor #1 Sea Buoy, in approximate position 18-
29.3N, 66-07.6W and continuing until the vessel is moored at the Puma
Energy dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position
18-25.8N, 66-06.5W. All coordinates are North American Datum 1983.
(2) The waters around Liquefied Gas carriers in a 50-yard radius
around each vessel when moored at the Puma Energy dock, Cata[ntilde]o
Oil dock, or Wharf B.
(3) The waters around Liquefied Gas carriers departing San Juan
Harbor in an area one half mile around each vessel beginning at the
Puma Energy Dock, Cata[ntilde]o Oil dock, or Wharf B in approximate
position 18-25.8N, 66-06.5W when the vessel gets underway, and
continuing until the stern passes the San Juan Harbor #1 Sea Buoy, in
approximate position 18-28.3N, 66-07.6W. All coordinates referenced use
datum: NAD 83.
(b) Definition. As used in this section, the term ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP) San Juan in the enforcement of
the safety zone.
(c) Regulations. (1) No person or vessel may enter, transit, or
remain in the safety zone unless authorized by the COTP San Juan,
Puerto Rico, or a designated Coast Guard commissioned, warrant, or
petty officer. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the designated Coast
Guard commissioned, warrant, or petty officer.
(2) Persons desiring to transit the area of the safety zones may
contact the COTP San Juan or his designated representative to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the COTP or his
designated representative.
(3) Vessels encountering emergencies, which require transit through
the moving safety zone, should contact the Coast Guard patrol craft or
Duty Officer on VHF Channel 16. In the event of an emergency, the Coast
Guard patrol craft may authorize a vessel to transit through the safety
zone with a Coast Guard designated escort.
(4) The COTP and the Duty Officer at Sector San Juan, Puerto Rico,
can be contacted at telephone number 787-289-2041. The Coast Guard
Patrol Commander enforcing the safety zone can be contacted on VHF-FM
channels 16 and 22A.
(5) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
(d) Notification. The zone described in paragraphs (a)(1) through
(3) of this section will be activated upon entry of an LNG carrier into
the navigable waters of the United States in the San Juan Captain of
the Port Zone. An LNG carrier will be identifiable by the requirement
to fly the Bravo flag (red international signal flag under Pub. 102,
International Code of Signals) from the outermost halyard (above the
pilot house) where it can most easily be seen. In addition to visual
identification of an LNG carrier, Coast Guard Sector San Juan will give
notice through Mariners Broadcast Notice to Mariners for the purpose of
enforcement of the temporary safety zone.
(e) Effective period. This rule is effective from 12:01 a.m. on
August 25,
[[Page 48281]]
2019 through 11:59 p.m. on November 15, 2019.
Dated: August 23, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-19851 Filed 9-12-19; 8:45 am]
BILLING CODE 9110-04-P
