Safety Zone; San Juan Harbor, San Juan, PR, 15721-15724 [2020-05693]
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Rules and Regulations
(b) Actual or constructive knowledge,
when used in reference to an RDFI’s or
agency’s knowledge of the death or
incapacity of a recipient or death of a
beneficiary, means that the RDFI or
agency received information, by
whatever means, of the death or
incapacity and has had a reasonable
opportunity to act on such information
or that the RDFI or agency would have
learned of the death or incapacity if it
had followed commercially reasonable
business practices. For purposes of
subpart B of this part, an agency is
presumed to have constructive
knowledge of death or incapacity at the
time it stops certifying recurring
payments to a recipient if the agency:
(1) Does not re-initiate payments to
the recipient; and
(2) Subsequently initiates a
reclamation for one or more payments
made to the recipient.
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(d) Applicable ACH Rules means the
ACH Rules with an effective date on or
before June 30, 2021, as published in the
2019 NACHA Operating Rules and
Guidelines (incorporated by reference,
see § 210.3(b)), except:
(1) Subsections 1.2.2, 1.2.3, 1.2.4,
1.2.5 and 1.2.6; Appendix Seven;
Appendix Eight; and Appendix Nine
(governing the enforcement of the ACH
Rules and claims for compensation);
(2) Section 2.10 and section 3.6
(governing the reclamation of benefit
payments);
(3) The requirement in Appendix
Three that the Effective Entry Date of a
credit entry be no more than two
Banking Days following the date of
processing by the Originating ACH
Operator (see definition of ‘‘Effective
Entry Date’’ in Appendix Three);
(4) Section 2.2 (setting forth ODFI
obligations to enter into agreements
with, and perform risk management
relating to, Originators and Third-Party
Senders) and section 1.6 (Security
Requirements);
(5) Section 2.17.2.2–2.17.2.6
(requiring reduction of high rates of
entries returned as unauthorized);
(6) The requirements of Section 2.5.8
(International ACH Transactions) shall
not apply to entries representing the
payment of a Federal tax obligation by
a taxpayer; and
(7) Until March 19, 2022, the
requirement of section 2.5.17.4(a) that
the Originator utilize a fraudulent
transaction detection system that
validates an account to be debited for
the first use of such account number
and for any subsequent change(s) to the
account number.
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3. In § 210.3, revise paragraph (b) to
read as follows:
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§ 210.3
Governing law.
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(b) Incorporation by reference. Certain
material is incorporated by reference in
this part with the approval of the Direct
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section the Service must publish a
document in the Federal Register and
the material must be available to the
public. All approved material is
available for inspection at the Bureau of
the Fiscal Service, 401 14th Street SW,
Room 400A, Washington, DC 20227, ph.
202 874–6680, and it is available from
the sources listed below. It is also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fedreg.legal@nara.gov or go to
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(1) NACHA, 2550 Wasser Terrace,
Suite 400, Herndon, Virginia 20171, tel.
703–561–1100, info@nacha.org.
(i) 2019 NACHA Operating Rules &
Guidelines: The Guide to the Rules
Governing the ACH Network, copyright
2019 (2019 NACHA Operating Rules
and Guidelines).
(ii) [Reserved]
(2) [Reserved]
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■ 4. In § 210.6, revise paragraph (g) to
read as follows:
§ 210.6
Agencies.
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(g) Point-of-purchase debit entries. An
agency may originate a Point-ofPurchase (POP) entry using a check
drawn on a consumer or business
account and presented at a point-ofpurchase. The requirements of the 2019
NACHA Operating Rules and
Guidelines, incorporated by reference,
see § 210.3(b), shall be met for such an
entry if the Receiver presents the check
at a location where the agency has
posted the notice required by the ACH
Rules and has provided the Receiver
with a copy of the notice.
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■ 5. In § 210.10, revise paragraph (b) to
read as follows:
§ 210.10
RDFI liability.
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(b) Actual or Constructive Knowledge
of Death. Actual or constructive
knowledge, when used in reference to
an RDFI’s or agency’s knowledge of the
death or incapacity of a recipient or
death of a beneficiary, means that the
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RDFI or agency received information, by
whatever means, of the death or
incapacity and has had a reasonable
opportunity to act on such information
or that the RDFI or agency would have
learned of the death or incapacity if it
had followed commercially reasonable
business practices. For purposes of this
subpart, an agency is presumed to have
constructive knowledge of death or
incapacity at the time it stops certifying
recurring payments to a recipient if the
agency:
(1) Does not re-initiate payments to
the recipient; and
(2) Subsequently initiates a
reclamation for one or more payments
made to the recipient.
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David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2020–04992 Filed 3–18–20; 8:45 am]
BILLING CODE 4810–AS–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0460]
RIN 1625–AA00
Safety Zone; San Juan Harbor, San
Juan, PR
Sfmt 4700
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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15721
The Coast Guard is adjusting
an existing moving safety zone for San
Juan Harbor, San Juan, Puerto Rico. This
action is necessary to better meet the
safety and security needs of San Juan
Harbor. This regulation would continue
to prohibit persons and vessels from
entering the safety zone, unless
authorized by the Captain of the Port
San Juan or a designated representative.
DATES: This rule is effective April 20,
2020.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0460 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 Pedro
Mendoza, Sector San Juan Prevention
Department, Waterways Management
Division, U.S. Coast Guard; telephone
ADDRESSES:
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787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
LNG Liquefied Natural Gas
LPG Liquefied Petroleum Gas
NPRM Notice of proposed rulemaking
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
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II. Background Information and
Regulatory History
The existing regulation in 33 CFR
165.754, contains a moving safety zone
around transiting liquefied petroleum
gas (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 18, 2019, a Notice was published in
the Federal Register (84 FR 34323)
announcing two public meetings would
be held on July 26, 2019 by the Coast
Guard and New Fortress Energy to
receive comments regarding the safe
navigation and mooring of LNG carriers
through the San Juan Harbor. There
were approximately 50 attendees at the
public meetings. Approximately 20
attendees submitted written and verbal
questions.1 In addition, we received five
written comments in response to the
Notice.2 These comments are addressed
below.
While the Coast Guard completed the
rulemaking process for revising the
existing safety zone regulation
contained in § 165.754, we published
two temporary final rules (TFR) in the
Federal Register under USCG–2019–
0686, and both entitled ‘‘Safety Zone;
San Juan Harbor, San Juan, PR.’’ These
TFRs established temporary safety zones
for navigable waters within an area of
one half mile around each LNG carrier
or LPG carrier (collectively referred to as
Liquid Gas (LG) carriers) entering and
departing San Juan Harbor. The TFRs
also established a 50-yard radius around
1 See document titled ‘‘Summary of Public
Meetings Held in July 26, 2019 Regarding
Regulatory Docket USCG–2019–0460.’’
2 These comments are available at: https://
www.regulations.gov under docket number USCG–
2019–0460.
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each vessel when moored at the Puma
Energy dock, Catan˜o Oil dock, or Wharf
B. The first TFR was published on
September 13, 2019 (see 84 FR 48278),
and was effective from August 23, 2019
until November 15, 2019. The second
TFR was published on October 31, 2019
(84 FR 59726), and was effective until
February 28, 2020.
On December 17, 2019, a notice of
proposed rulemaking (NPRM) entitled,
‘‘Safety Zone; San Juan Harbor, San
Juan, PR’’ was published in the Federal
Register under USCG–2019–0460 (84 FR
68860) with a 30 day comment period.
The comment period ended on January
16, 2020. No comments were submitted
during the NPRMs 30 day comment
period.
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). Due to their
cargoes, size, draft, and the local
channel restrictions, LNG carriers must
use of the center of navigation channels
for safe transit. The COTP San Juan has
determined that potential hazards
associated with LNG carriers would be
a safety concern for anyone within an
area of one half mile during their transit
and a 50-yard radius while moored. The
purpose of this rulemaking is to ensure
the safety of vessels and the navigable
waters within one half mile during the
transit of LG carriers through San Juan
Harbor and a 50-yard radius while the
LG carriers are moored at Puma Energy
dock, Catan˜o Oil dock, or Wharf B. This
rule will 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received five
written submissions in response to the
public meetings that were held on July
26, 2019. A discussion of the comments
and responses follows.
Three commenters raised questions
about the frequency of LNG carriers and
if there would be any limitations in
place. Although, these questions are
outside of the scope of this proposed
rulemaking, New Fortress Energy
advised they anticipate one LNG carrier
to arrive every three days and that each
ship-to-ship transfer would take around
18 hours. The gas would then be loaded
to trucks to be delivered to another
primary or secondary power source. The
rule does not set a limit on the number
of LNG carriers/ships that will be
allowed to transit through the bay. Also,
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the rule does not set limit on the time
the LNG carrier/ship will be moored in
the docks/wharfs.
Three commenters asked questions
specific about the facility’s operations
that may affect neighboring waterfront
facilities. These comments are outside
of the scope of this rule, which is
specific to the adjustment of the existing
San Juan Harbor Safety Zone (33 CFR
165.754).
One commenter asked about safety
concerns and whether safety
precautions would be established to
mitigate these concerns. New Fortress
Energy will be required to meet all the
regulations in 33 CFR part 127 Subparts
A and B for Waterfront Facilities
Handling Liquefied Natural Gas and
Liquefied Hazardous Gas.
Four commenters raised concerns
about the lack of access to information
about the proposed LNG safety zone
impeded meaningful public
participation in the administrative
proceeding and the due process that the
Coast Guard must afford the citizenry,
particularly residents who live within
the potential impact zone of the
proposed LNG operation. The
commenters required access to the file,
including the Letter of Intent (LOI),
Water Suitability Assessment (WSA)
and Report, and other documents. Prior
to the public meetings that were held on
July 26, 2019, the NPRM for the
adjustments to the existing San Juan
Harbor Safety Zone in § 165.754 were
still under review. Comments collected
at the July 26, 2019 meetings were used
to make further revisions to the NPRM
that was eventually published in the
Federal Register on December 17, 2019.
The LOI, WSA, and other documents
contain business and security sensitive
information and would need to be
requested through the Freedom of
Information Act (FOIA). FOIA requests
may be submitted via electronic mail to:
EFOIA@uscg.mil or in writing via mail
or overnight carrier to: Commandant
(CG–611), ATTN FOIA Officer, US Coast
Guard Stop 7710, 2703 Martin Luther
King Jr Ave SE, Washington, DC 20593–
7710.
Two commenters raised concerns
about community awareness regarding
the construction of the new LNG
facility. Although this comment is
outside of the scope of this rulemaking,
the adjacent regulated waterfront
facilities were made aware of the new
facility prior to its construction.
Two commenters asked questions
about the rulemaking process and if
customary procedures were followed.
The rulemaking process can vary and in
this case the NPRM was made available
to the public on December 17, 2019.
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Comments received at the public
meetings were used to finalize the
regulatory text contained in the NPRM.
Public participation for the NPRM
rulewas collected through the public
meetings and through a 30 day comment
period once the NPRM was published.
No additional comments were
submitted during the NPRMs comment
period.
Three commenters asked if there
would be additional public hearings
after the hearings that were held on July
26, 2019. On July 26, 2019, we hosted
two public meetings alongside New
Fortress Energy in San Juan, PR.
Approximately 50 attendees were
present and approximately 20 attendees
had questions that were addressed at the
public meeting. Although protests were
occurring around that time, we do not
believe they had any impact on
attendance at the meetings. Prior to the
public meetings, the NPRM for the
adjustments to the San Juan Harbor
Safety Zone was still under review.
Comments collected at the July 26, 2019
meeting were used to develop the
NPRM. We also provided a 30 day
comment period on the proposed rule;
however no additional comments were
received. Therefore, we have decided to
not schedule any additional hearings
regarding this rulemaking.
Two commenters asked about
potential changes in operations of the
bay. The new LNG facility at Wharf B
expects to receive one carrier every
three days with ship-to-ship transfer
operations lasting approximately 18
hours in duration. We do not anticipate
this would significantly affect current
port operations or navigation.
Neighboring facilities would be able to
safely continue operations when an
Liquified Gas (LG) carrier is transiting,
moored, or engaged in transfer
operations.
One commenter asked about the
project cost. This question was outside
of the scope of this rulemaking.
One commenter asked if any
environmental assessments or impact
statements were completed. A
preliminary environmental assessment
was conducted during the NPRM stage.3
We have also completed a final
environmental record of environmental
consideration for the final rule, which is
available to the public.4
Two commenters asked if there were
other LNG facilities requesting safety
3 See Preliminary Record of Environmental
Consideration in the NPRMs supporting docket
folder at: https://www.regulations.gov/document?
D=USCG-2019-0460-0008.
4 The final Record of Environmental
Consideration is available at: https://
www.regulations.gov/docket?D=USCG-2019-0460.
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zones. The Coast Guard has not received
any other requests from LNG facilities
for the creation of new safety zones
associated with their operations.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
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 did not receive any
comments from the Small Business
Administration on this rulemaking. The
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15723
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
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tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
involves a safety zone that would
establish a 50-yard radius around
transiting and moored liquefied gas
carriers. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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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 amends 33
CFR part 165 as follows:
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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 § 165.754 to read as follows:
§ 165.754 Safety Zone; San Juan Harbor,
San Juan, PR.
(a) Regulated area. A moving safety
zone is established in the following
area:
(1) The waters around liquefied gas
(LG) carriers entering San Juan Harbor
in an area one half mile around each
vessel, beginning one mile north of the
Bahia de San Juan Lighted Buoy #3, in
approximate position 18°28′17.8″ N,
066°07′36.4″ W and continuing until the
vessel is moored at the Puma Energy
dock, Catan˜o Oil dock, or Wharf B in
approximate position 18°25′47″ N,
066°6′32″ W. All coordinates are North
American Datum 1983.
(2) The waters around LG 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 LG 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′47″ N,
066°6′32″ W when the vessel gets
underway, and continuing until the
stern passes the Bahia de San Juan
Lighted Buoy #3, in approximate
position 18°28′17.8″ N, 066°07′36.4″ W.
All coordinates referenced use datum:
NAD 83.
(b) Regulations. (1) No person or
vessel may enter, transit or remain in
the safety zone unless authorized by the
Captain of the Port (COTP), San Juan,
Puerto Rico, or a designated Coast
Guard commissioned, warrant, or petty
officer. Those operating in the safety
zone with the COTP’s authorization
must comply with all lawful orders or
directions given to them by the COTP or
his designated representative.
(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
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emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zone with a Coast Guard
designated escort.
(4) The Captain of the Port 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) Coast Guard Sector San Juan will,
when necessary and practicable, notify
the maritime community of periods
during which the safety zones will be in
effect by providing advance notice of
scheduled arrivals and departure of
liquefied gas carriers via a Marine
Broadcast Notice to Mariners.
(6) 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.
Dated: March 13, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2020–05693 Filed 3–18–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0166]
RIN 1625–AA00
Safety Zone; COVID–19 NorCal
Maritime 2020, San Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of San Francisco
Bay surrounding the cruise ship GRAND
PRINCESS due to the presence of at
least 21 people onboard reportedly
testing positive for COVID–19. Federal,
state, and local health officials have
determined that the vessel presents a
risk of spreading communicable disease
within the United States. Based on this
information, this safety zone is
necessary to protect personnel from
potential safety hazards onboard the
cruise ship GRAND PRINCESS.
Unauthorized persons or vessels are
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Rules and Regulations]
[Pages 15721-15724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05693]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0460]
RIN 1625-AA00
Safety Zone; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adjusting an existing moving safety zone
for San Juan Harbor, San Juan, Puerto Rico. This action is necessary to
better meet the safety and security needs of San Juan Harbor. This
regulation would continue to prohibit persons and vessels from entering
the safety zone, unless authorized by the Captain of the Port San Juan
or a designated representative.
DATES: This rule is effective April 20, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0460 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 Pedro Mendoza, Sector San Juan
Prevention Department, Waterways Management Division, U.S. Coast Guard;
telephone
[[Page 15722]]
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
LG Liquefied Gas
LNG Liquefied Natural Gas
LPG Liquefied Petroleum Gas
NPRM Notice of proposed rulemaking
Sec. Section
TFR Temporary Final Rule
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 gas (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 18, 2019, a Notice was published in
the Federal Register (84 FR 34323) announcing two public meetings would
be held on July 26, 2019 by the Coast Guard and New Fortress Energy to
receive comments regarding the safe navigation and mooring of LNG
carriers through the San Juan Harbor. There were approximately 50
attendees at the public meetings. Approximately 20 attendees submitted
written and verbal questions.\1\ In addition, we received five written
comments in response to the Notice.\2\ These comments are addressed
below.
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\1\ See document titled ``Summary of Public Meetings Held in
July 26, 2019 Regarding Regulatory Docket USCG-2019-0460.''
\2\ These comments are available at: https://www.regulations.gov
under docket number USCG-2019-0460.
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While the Coast Guard completed the rulemaking process for revising
the existing safety zone regulation contained in Sec. 165.754, we
published two temporary final rules (TFR) in the Federal Register under
USCG-2019-0686, and both entitled ``Safety Zone; San Juan Harbor, San
Juan, PR.'' These TFRs established temporary safety zones for navigable
waters within an area of one half mile around each LNG carrier or LPG
carrier (collectively referred to as Liquid Gas (LG) carriers) entering
and departing San Juan Harbor. The TFRs also established a 50-yard
radius around each vessel when moored at the Puma Energy dock,
Cata[ntilde]o Oil dock, or Wharf B. The first TFR was published on
September 13, 2019 (see 84 FR 48278), and was effective from August 23,
2019 until November 15, 2019. The second TFR was published on October
31, 2019 (84 FR 59726), and was effective until February 28, 2020.
On December 17, 2019, a notice of proposed rulemaking (NPRM)
entitled, ``Safety Zone; San Juan Harbor, San Juan, PR'' was published
in the Federal Register under USCG-2019-0460 (84 FR 68860) with a 30
day comment period. The comment period ended on January 16, 2020. No
comments were submitted during the NPRMs 30 day comment period.
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). Due to their cargoes, size, draft,
and the local channel restrictions, LNG carriers must use of the center
of navigation channels for safe transit. The COTP San Juan has
determined that potential hazards associated with LNG carriers would be
a safety concern for anyone within an area of one half mile during
their transit and a 50-yard radius while moored. The purpose of this
rulemaking is to ensure the safety of vessels and the navigable waters
within one half mile during the transit of LG carriers through San Juan
Harbor and a 50-yard radius while the LG carriers are moored at Puma
Energy dock, Cata[ntilde]o Oil dock, or Wharf B. This rule will
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received five written submissions in response to
the public meetings that were held on July 26, 2019. A discussion of
the comments and responses follows.
Three commenters raised questions about the frequency of LNG
carriers and if there would be any limitations in place. Although,
these questions are outside of the scope of this proposed rulemaking,
New Fortress Energy advised they anticipate one LNG carrier to arrive
every three days and that each ship-to-ship transfer would take around
18 hours. The gas would then be loaded to trucks to be delivered to
another primary or secondary power source. The rule does not set a
limit on the number of LNG carriers/ships that will be allowed to
transit through the bay. Also, the rule does not set limit on the time
the LNG carrier/ship will be moored in the docks/wharfs.
Three commenters asked questions specific about the facility's
operations that may affect neighboring waterfront facilities. These
comments are outside of the scope of this rule, which is specific to
the adjustment of the existing San Juan Harbor Safety Zone (33 CFR
165.754).
One commenter asked about safety concerns and whether safety
precautions would be established to mitigate these concerns. New
Fortress Energy will be required to meet all the regulations in 33 CFR
part 127 Subparts A and B for Waterfront Facilities Handling Liquefied
Natural Gas and Liquefied Hazardous Gas.
Four commenters raised concerns about the lack of access to
information about the proposed LNG safety zone impeded meaningful
public participation in the administrative proceeding and the due
process that the Coast Guard must afford the citizenry, particularly
residents who live within the potential impact zone of the proposed LNG
operation. The commenters required access to the file, including the
Letter of Intent (LOI), Water Suitability Assessment (WSA) and Report,
and other documents. Prior to the public meetings that were held on
July 26, 2019, the NPRM for the adjustments to the existing San Juan
Harbor Safety Zone in Sec. 165.754 were still under review. Comments
collected at the July 26, 2019 meetings were used to make further
revisions to the NPRM that was eventually published in the Federal
Register on December 17, 2019. The LOI, WSA, and other documents
contain business and security sensitive information and would need to
be requested through the Freedom of Information Act (FOIA). FOIA
requests may be submitted via electronic mail to: [email protected] or in
writing via mail or overnight carrier to: Commandant (CG-611), ATTN
FOIA Officer, US Coast Guard Stop 7710, 2703 Martin Luther King Jr Ave
SE, Washington, DC 20593-7710.
Two commenters raised concerns about community awareness regarding
the construction of the new LNG facility. Although this comment is
outside of the scope of this rulemaking, the adjacent regulated
waterfront facilities were made aware of the new facility prior to its
construction.
Two commenters asked questions about the rulemaking process and if
customary procedures were followed. The rulemaking process can vary and
in this case the NPRM was made available to the public on December 17,
2019.
[[Page 15723]]
Comments received at the public meetings were used to finalize the
regulatory text contained in the NPRM. Public participation for the
NPRM rulewas collected through the public meetings and through a 30 day
comment period once the NPRM was published. No additional comments were
submitted during the NPRMs comment period.
Three commenters asked if there would be additional public hearings
after the hearings that were held on July 26, 2019. On July 26, 2019,
we hosted two public meetings alongside New Fortress Energy in San
Juan, PR. Approximately 50 attendees were present and approximately 20
attendees had questions that were addressed at the public meeting.
Although protests were occurring around that time, we do not believe
they had any impact on attendance at the meetings. Prior to the public
meetings, the NPRM for the adjustments to the San Juan Harbor Safety
Zone was still under review. Comments collected at the July 26, 2019
meeting were used to develop the NPRM. We also provided a 30 day
comment period on the proposed rule; however no additional comments
were received. Therefore, we have decided to not schedule any
additional hearings regarding this rulemaking.
Two commenters asked about potential changes in operations of the
bay. The new LNG facility at Wharf B expects to receive one carrier
every three days with ship-to-ship transfer operations lasting
approximately 18 hours in duration. We do not anticipate this would
significantly affect current port operations or navigation. Neighboring
facilities would be able to safely continue operations when an
Liquified Gas (LG) carrier is transiting, moored, or engaged in
transfer operations.
One commenter asked about the project cost. This question was
outside of the scope of this rulemaking.
One commenter asked if any environmental assessments or impact
statements were completed. A preliminary environmental assessment was
conducted during the NPRM stage.\3\ We have also completed a final
environmental record of environmental consideration for the final rule,
which is available to the public.\4\
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\3\ See Preliminary Record of Environmental Consideration in the
NPRMs supporting docket folder at: https://www.regulations.gov/document?D=USCG-2019-0460-0008.
\4\ The final Record of Environmental Consideration is available
at: https://www.regulations.gov/docket?D=USCG-2019-0460.
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Two commenters asked if there were other LNG facilities requesting
safety zones. The Coast Guard has not received any other requests from
LNG facilities for the creation of new safety zones associated with
their operations.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
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 did not receive any comments from the Small
Business Administration on this rulemaking. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian
[[Page 15724]]
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
involves a safety zone that would establish a 50-yard radius around
transiting and moored liquefied gas carriers. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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. 165.754 to read as follows:
Sec. 165.754 Safety Zone; San Juan Harbor, San Juan, PR.
(a) Regulated area. A moving safety zone is established in the
following area:
(1) The waters around liquefied gas (LG) carriers entering San Juan
Harbor in an area one half mile around each vessel, beginning one mile
north of the Bahia de San Juan Lighted Buoy #3, in approximate position
18[deg]28'17.8'' N, 066[deg]07'36.4'' W and continuing until the vessel
is moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or Wharf B
in approximate position 18[deg]25'47'' N, 066[deg]6'32'' W. All
coordinates are North American Datum 1983.
(2) The waters around LG 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 LG 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[deg]25'47'' N, 066[deg]6'32'' W when the vessel gets underway, and
continuing until the stern passes the Bahia de San Juan Lighted Buoy
#3, in approximate position 18[deg]28'17.8'' N, 066[deg]07'36.4'' W.
All coordinates referenced use datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transit or
remain in the safety zone unless authorized by the Captain of the Port
(COTP), San Juan, Puerto Rico, or a designated Coast Guard
commissioned, warrant, or petty officer. Those operating in the safety
zone with the COTP's authorization must comply with all lawful orders
or directions given to them by the COTP or his designated
representative.
(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 Captain of the Port 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) Coast Guard Sector San Juan will, when necessary and
practicable, notify the maritime community of periods during which the
safety zones will be in effect by providing advance notice of scheduled
arrivals and departure of liquefied gas carriers via a Marine Broadcast
Notice to Mariners.
(6) 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.
Dated: March 13, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-05693 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P
