Safety Zones; Vieques Unexploded Ordnance Operations, East Vieques; Vieques, Puerto Rico, 66290-66292 [2020-22973]
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Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
PART 153—APPLICATIONS FOR
AUTHORIZATION TO CONSTRUCT,
OPERATE, OR MODIFY FACILITIES
USED FOR THE EXPORT OR IMPORT
OF NATURAL GAS
Authority: 15 U.S.C. 717b, 717o; E.O.
10485; 3 CFR, 1949–1953 Comp., p. 970, as
amended by E.O. 12038, 3 CFR, 1978 Comp.,
p. 136, DOE Delegation Order No. 0204–112,
49 FR 6684 (February 22, 1984).
2. Revise § 153.4 to read as follows:
§ 153.4
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0424]
General requirements.
The procedures in §§ 157.5, 157.6,
157.8, 157.9, 157.10, 157.11, 157.12,
157.22, and 157.23 of this chapter are
applicable to the applications described
in this subpart.
RIN 1625–AA00
PART 157—APPLICATIONS FOR
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY AND
FOR ORDERS PERMITTING AND
APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS
ACT
AGENCY:
1. The authority citation for part 157
is revised to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 33 U.S.C. 1341(a)(1); 42 U.S.C. 7101–
7352.
■
2. Revise § 157.22 to read as follows:
§ 157.22 Schedule for final decisions on a
request for a Federal authorization.
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[FR Doc. 2020–20327 Filed 10–16–20; 8:45 am]
BILLING CODE 6717–01–P
1. The authority citation for part 153
continues to read as follows:
■
■
has not denied or granted certification
by one year after the date the certifying
agency received a written request for
certification.
(a) For an application under section 3
or 7 of the Natural Gas Act that requires
a Federal authorization—i.e., a permit,
special use authorization, certification,
opinion, or other approval—from a
Federal agency or officer, or State
agency or officer acting pursuant to
delegated Federal authority, a final
decision on a request for a Federal
authorization is due no later than 90
days after the Commission issues its
final environmental document, unless a
schedule is otherwise established by
Federal law.
(b) For requests for a water quality
certification submitted pursuant to
section 401(a)(1) of the Federal Water
Pollution Control Act (Clean Water Act)
in connection with a project for which
authorization is sought from the
Commission under section 3 or 7 of the
Natural Gas Act, the reasonable period
of time during which the certifying
agency may act on the water quality
certification request is one year from the
certifying agency’s receipt of the
request. A certifying agency is deemed
to have waived the certification
requirements of section 401(a)(1) of the
Clean Water Act if the certifying agency
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Safety Zones; Vieques Unexploded
Ordnance Operations, East Vieques;
Vieques, Puerto Rico
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish permanent safety zones for
certain waters of Vieques, Puerto Rico.
This action is necessary to provide for
the safety of life on the navigable waters
near the island of Vieques, Puerto Rico
due to unexploded ordnances. This
proposed rulemaking would prohibit
mariners from anchoring, dredging, or
trawling in the designated areas. It
would also prohibit persons and vessels
from being in the safety zones during
clearance operations, unless authorized
by the Captain of the Port San Juan or
a designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before November 18, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0424 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.
DATES:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Natallia Lopez, Sector San Juan
Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2380, email
Natallia.M.Lopez@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PR Puerto Rico
§ Section
U.S.C. United States Code
UXO Unexploded Ordnance
II. Background, Purpose, and Legal
Basis
On April 30, 2020, contractors on
behalf of the U.S. Navy contacted the
Coast Guard requesting the
establishment of permanent safety zones
surrounding unexploded ordnances
(UXO) in Vieques, PR. The Navy has
implemented long-term plans for the
deactivation and removal of the UXOs,
but safety zones are needed until those
operations are completed. The Captain
of the Port San Juan (COTP) has
determined that potential hazards
associated with the UXOs would be a
safety concern for anyone within the
designated areas.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the designated
areas until the complete deactivation
and removal of all UXOs. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish
permanent safety zones in the navigable
waters east of Vieques, Puerto Rico.
UXOs from past military training
operations remain present in the waters
of east Vieques, Puerto Rico. The U.S.
Navy is currently in the process of
planning, retrieving, and properly
disposing of the UXOs in this area.
These operations will be ongoing for the
next 20 years. Accordingly, ordnance
clearing operations will be held at
various times on the waters of East
Vieques, Puerto Rico. UXOs will be
retrieved by several divers working for
the U.S. Navy.
This proposed safety zones area
encompasses waters in East Vieques,
Puerto Rico. In areas where UXOs are
known to be in shallow waters, where
mariners have been known to anchor
which creates risk for the unintended
detonation of UXOs. The safety zones
would prohibit vessels from anchoring,
dredging, or trawling in the designated
areas at all times. Further, no vessel or
person would be permitted to enter,
transit through, or remain in the safety
zones during clearance operations due
to increased risk of explosion and
fragmentation hazards.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
proposed permanent safety zones by
contacting the Captain of the Port San
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Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
Juan by VHF–FM radio on Channels 16
and 22A, by calling Sector San Juan
Command Center at (787) 289–2041, or
via email to ssjcc@uscg.mil. If
authorization to enter, transit through,
or remain in the zones during ordnance
clearing operations or anchor, dredge, or
trawl at any time is granted, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port San Juan or a
designated representative.
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.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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, location, and
restrictions of the safety zones. Vessels
will be permitted to enter the safety
zones when UXO operations are not
being conducted so long as they do not
anchor, dredge, or trawl.
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.
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605(b) that this proposed rule would 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
zones may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rulemaking would economically
affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
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66291
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a regulated navigation
area. 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
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
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Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons stated in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 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.
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■
2. Add § 165.787 to read as follows:
§ 165.787 Safety Zones; Vieques
Unexploded Ordnance Operations, East
Vieques; Vieques, Puerto Rico.
(a) Regulated area. The following
regulated areas are established as a
safety zones: (1) All waters of East
Vieques, Vieques, Puerto Rico
encompassed within the following
points: starting at Point 1 in position 18°
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08′ 56.48″ N, 065° 20′ 10.69″ W; thence
north to point 2 in position 18° 09′
10.72″ N, 065° 20′ 04.11″ W; thence east
to Point 3 in position 18° 08′ 50.19″ N,
065° 17′ 05.78″ W; thence south to Point
4 in position 18° 08′ 05.79″ N, 065° 16′
16.70″ W.
(2) All waters of East Vieques,
Vieques, Puerto Rico encompassed
within the following points: starting at
Point 1 in position 18 07′ 38.60″ N, 065°
17′ 45.95″ W; thence south to point 2 in
position 18° 07′ 23.73″ N, 065° 17′
58.34″ W; thence west to Point 3 in
position 18° 07′ 18.77″ N, 065° 18′
29.64″ W; thence north to Point 4 in
position 18° 07′ 34.47″ N, 065° 18′
31.82″ W.
(b) Regulations. (1) No person or
vessel may anchor, dredge, or trawl in
the safety zones unless authorized by
the Captain of the Port, San Juan, Puerto
Rico, or a designated Coast Guard
commissioned, warrant, or petty officer.
Those in the safety zones 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) No person or vessel may enter,
transit or remain in the safety zones
during Unexploded Ordnance clearance
operations, unless authorized by the
Captain of the Port San Juan or a
designated representative.
(3) Vessels encountering emergencies,
which require transit through the safety
zones, 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 zones 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 zones can be contacted on VHF–
FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will
notify the marine community of periods
during which these safety zones will be
in effect by providing notice to mariners
in accordance with § 165.7.
(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.
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Dated: October 9, 2020.
J.E. Diaz,
Captain, U.S. Coast Guard, Acting, Captain
of the Port San Juan.
[FR Doc. 2020–22973 Filed 10–16–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0531]
RIN 1625–AA11
Regulated Navigation Area; NW
Natural PGM Site, Willamette River,
Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a regulated naviagation area
(RNA) at the NW Natural PGM Site on
the Willamette River in Portland, OR.
This action is necessary to preserve the
integrity of an engineered sediment cap
as part of an Oregon Department of
Environmental Quality (DEQ) required
remedial action. This proposed
rulemaking would prohibit activities in
the RNA that could disturb or damage
the engineered sediment cap. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before November 18, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0531 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.
DATES:
If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email D13-SMB-MSUPortlandWWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PGM Portland Gas Manufacturing
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]]>Agencies
[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66290-66292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22973]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0424]
RIN 1625-AA00
Safety Zones; Vieques Unexploded Ordnance Operations, East
Vieques; Vieques, Puerto Rico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish permanent safety
zones for certain waters of Vieques, Puerto Rico. This action is
necessary to provide for the safety of life on the navigable waters
near the island of Vieques, Puerto Rico due to unexploded ordnances.
This proposed rulemaking would prohibit mariners from anchoring,
dredging, or trawling in the designated areas. It would also prohibit
persons and vessels from being in the safety zones during clearance
operations, unless authorized by the Captain of the Port San Juan or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 18, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0424 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 Natallia Lopez, Sector
San Juan Prevention Department, Waterways Management Division, U.S.
Coast Guard; telephone 787-729-2380, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PR Puerto Rico
Sec. Section
U.S.C. United States Code
UXO Unexploded Ordnance
II. Background, Purpose, and Legal Basis
On April 30, 2020, contractors on behalf of the U.S. Navy contacted
the Coast Guard requesting the establishment of permanent safety zones
surrounding unexploded ordnances (UXO) in Vieques, PR. The Navy has
implemented long-term plans for the deactivation and removal of the
UXOs, but safety zones are needed until those operations are completed.
The Captain of the Port San Juan (COTP) has determined that potential
hazards associated with the UXOs would be a safety concern for anyone
within the designated areas.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the designated areas until the complete
deactivation and removal of all UXOs. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish permanent safety zones in the
navigable waters east of Vieques, Puerto Rico. UXOs from past military
training operations remain present in the waters of east Vieques,
Puerto Rico. The U.S. Navy is currently in the process of planning,
retrieving, and properly disposing of the UXOs in this area. These
operations will be ongoing for the next 20 years. Accordingly, ordnance
clearing operations will be held at various times on the waters of East
Vieques, Puerto Rico. UXOs will be retrieved by several divers working
for the U.S. Navy.
This proposed safety zones area encompasses waters in East Vieques,
Puerto Rico. In areas where UXOs are known to be in shallow waters,
where mariners have been known to anchor which creates risk for the
unintended detonation of UXOs. The safety zones would prohibit vessels
from anchoring, dredging, or trawling in the designated areas at all
times. Further, no vessel or person would be permitted to enter,
transit through, or remain in the safety zones during clearance
operations due to increased risk of explosion and fragmentation
hazards.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the proposed permanent safety
zones by contacting the Captain of the Port San
[[Page 66291]]
Juan by VHF-FM radio on Channels 16 and 22A, by calling Sector San Juan
Command Center at (787) 289-2041, or via email to [email protected]. If
authorization to enter, transit through, or remain in the zones during
ordnance clearing operations or anchor, dredge, or trawl at any time is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port San Juan or a
designated representative.
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.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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,
location, and restrictions of the safety zones. Vessels will be
permitted to enter the safety zones when UXO operations are not being
conducted so long as they do not anchor, dredge, or trawl.
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
proposed rule would 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 zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
regulated navigation area. 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 preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and
[[Page 66292]]
will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons stated in the preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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. 165.787 to read as follows:
Sec. 165.787 Safety Zones; Vieques Unexploded Ordnance Operations,
East Vieques; Vieques, Puerto Rico.
(a) Regulated area. The following regulated areas are established
as a safety zones: (1) All waters of East Vieques, Vieques, Puerto Rico
encompassed within the following points: starting at Point 1 in
position 18[deg] 08' 56.48'' N, 065[deg] 20' 10.69'' W; thence north to
point 2 in position 18[deg] 09' 10.72'' N, 065[deg] 20' 04.11'' W;
thence east to Point 3 in position 18[deg] 08' 50.19'' N, 065[deg] 17'
05.78'' W; thence south to Point 4 in position 18[deg] 08' 05.79'' N,
065[deg] 16' 16.70'' W.
(2) All waters of East Vieques, Vieques, Puerto Rico encompassed
within the following points: starting at Point 1 in position 18 07'
38.60'' N, 065[deg] 17' 45.95'' W; thence south to point 2 in position
18[deg] 07' 23.73'' N, 065[deg] 17' 58.34'' W; thence west to Point 3
in position 18[deg] 07' 18.77'' N, 065[deg] 18' 29.64'' W; thence north
to Point 4 in position 18[deg] 07' 34.47'' N, 065[deg] 18' 31.82'' W.
(b) Regulations. (1) No person or vessel may anchor, dredge, or
trawl in the safety zones unless authorized by the Captain of the Port,
San Juan, Puerto Rico, or a designated Coast Guard commissioned,
warrant, or petty officer. Those in the safety zones 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) No person or vessel may enter, transit or remain in the safety
zones during Unexploded Ordnance clearance operations, unless
authorized by the Captain of the Port San Juan or a designated
representative.
(3) Vessels encountering emergencies, which require transit through
the safety zones, 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
zones 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 zones can be
contacted on VHF-FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will notify the marine community of
periods during which these safety zones will be in effect by providing
notice to mariners in accordance with Sec. 165.7.
(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: October 9, 2020.
J.E. Diaz,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Juan.
[FR Doc. 2020-22973 Filed 10-16-20; 8:45 am]
BILLING CODE 9110-04-P
