Safety Zone; Bahia de Ponce, Ponce, PR, 7972-7974 [2021-02104]

Download as PDF 7972 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations of the Investment Company Act of 1940.33 List of Subjects in 17 CFR Part 232 Incorporation by reference, Reporting and recordkeeping requirements, Securities. Text of the Amendments In accordance with the foregoing, title 17, chapter II of the Code of Federal Regulations is amended as follows: PART 232—REGULATION S–T— GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The general authority citation for part 232 continues to read as follows: ■ Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 80a–30, 80a–37, 7201 et seq.; and 18 U.S.C. 1350, unless otherwise noted. * * * * * 2. Amend § 232.10 by revising paragraph (b)(2) and adding paragraph (c) to read as follows: ■ § 232.10 Application of part 232. * * * * * (b) * * * (2) File, by uploading as a Portable Document Format (PDF) attachment to the Form ID filing, a notarized document, signed by the applicant, that includes the information required to be included in the Form ID filing and confirms the authenticity of the Form ID filing. (c) The requirements of § 232.302 (Rule 302) do not apply to the notarized document required by paragraph (b)(2) of this section. * * * * * ■ 3. Amend § 232.12 by revising paragraph (c) to read as follows: * * * * * (c) Submissions by direct transmission. Electronic filings and other documents may be submitted to the Commission each day, except Saturdays, Sundays, and Federal holidays, from 6 a.m. to 10 p.m., Eastern Time. ■ 4. Revise § 232.301 to read as follows: jbell on DSKJLSW7X2PROD with RULES EDGAR Filer Manual. U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. VerDate Sep<11>2014 15:49 Feb 02, 2021 Jkt 253001 BILLING CODE 8011–01–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2020–0630] RIN 1625–AA00 Safety Zone; Bahia de Ponce, Ponce, PR Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing a permanment safety zone for certain waters of Bahia de Ponce, Ponce, Puerto Rico. This action is necessary to provide for the safety of life on these navigable waters during shipto-ship liquefied gas transfer operations between liquefied gas carriers. This rule will prohibit persons and vessels from PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 being in the safety zone when activated unless authorized by the Captain of the Port San Juan or a designated representative. DATES: This rule is effective March 5, 2021. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0630 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions on this rule, call or email Lieutenant Natallia Lopez, Sector San Juan Prevention Department, Waterways Management Division, U.S. Coast Guard; telephone 787–729–2380, email ssjwwm@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LG Liquefied Gas LNG Liquefied Natural Gas NPRM Notice of proposed rulemaking PR Puerto Rico § Section U.S.C. United States Code II. Background Information and Regulatory History [FR Doc. 2021–00381 Filed 2–2–21; 8:45 am] SUMMARY: Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets forth the technical formatting requirements for electronic submissions. The 33 15 By the Commission. Dated: December 11, 2020. Vanessa A. Countryman, Secretary. Coast Guard § 232.12 Business hours of the Commission. § 232.301 requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 36 (December 2020). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 56 (December 2020). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available at https:// www.sec.gov/edgar/filer-information/ current-edgar-filer-manual. The EDGAR Filer Manual is also available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. You can also inspect the document 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: https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. On April 20, 2020, New Fortress Energy requested to begin conducting ship-to-ship liquefied natural gas (LNG) transfer operations in a location approximately three nautical miles south of Ponce, Puerto Rico (PR). Coast Guard Sector San Juan engaged with local stakeholders and determined the proposed location could accommodate regular anchoring and ship-to-ship liquefied gas (LG) transfer operations between LG carriers. The Captain of the Port San Juan (COTP) has determined that potential hazards associated with ship-to-ship LG transfer operations between LG carriers would be a safety concern for anyone within 100-yards of the location of the transfer operations. In response, on December 1, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Safety Zone; Bahia de Ponce, Ponce, PR’’ (85 FR 77093). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended December 31, 2020 we received no comments. E:\FR\FM\03FER1.SGM 03FER1 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The COTP has determined that potential hazards associated with transfer operations between LG carriers would be a safety concern for anyone within 100-yards of the location of the transfer operations. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone. jbell on DSKJLSW7X2PROD with RULES IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on the NPRM that published December 1, 2020. There are two changes in the regulatory text of this rule from the proposed rule in the NPRM. In § 165.788(a), under ‘‘Regulated area’’ the text stating, ‘‘The waters around liquefied gas carriers conducting ship-to-ship liquefied natural gas transfer operations,’’ is changed to, ‘‘The waters around liquefied gas carriers conducting shipto-ship liquefied gas transfer operations,’’ removing the word ‘‘natural.’’ § 165.788)(b)(4), under ‘‘Regulations,’’ the phrase ‘‘liquefied natural gas’’ is also changed to ‘‘liquefied gas.’’ This rule establishes a permanent safety zone in certain waters of Bahia de Ponce, Ponce, PR where New Fortress Energy will be conducting ship-to-ship LNG transfer operations. These operations will be ongoing for the forseeable future. Accordingly, LG transfer operations will be held at various times on the waters of Bahia de Ponce, Ponce, PR. This rule establishes a 100-yard safety zone in a location approximately three nautical miles south of Ponce, PR, while LG transfer operations are being conducted. No vessel or person will be permitted to enter the safety zone when activated without obtaining permission from the COTP or a designated representative. Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the permanent safety zone by contacting the Captain of the Port San 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 transfer operations 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. VerDate Sep<11>2014 15:49 Feb 02, 2021 Jkt 253001 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. 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). This regulatory action determination is based on the size, location, duration and restrictions of the safety zone. The safety zone required for these operations is 100 yards, making the safety zone limited in size. The safety zone is limited to a location approximately three nautical miles south of Ponce, PR, making the zone limited in location. Additionally, the safety zone will be enforced only while LG transfer operations are being conducted, making it limited in duration. Vessels will be permitted to enter the safety zone when ship-to-ship transfer operations are not being conducted, limiting the restrictions associated with the safety zone. 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 received no 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 7973 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 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 E:\FR\FM\03FER1.SGM 03FER1 7974 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 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 a safety zone during ship-to-ship liquefied transfer operations lasting approximately 24 hours that would prohibit entry within 100 yards of the location of the transfer operations. It is 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 1. The authority citation for part 165 continues to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ 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 § 165.788 to read as follows: VerDate Sep<11>2014 15:49 Feb 02, 2021 Jkt 253001 § 165.788 Safety Zone; Bahia de San Juan, Ponce, Puerto Rico. (a) Regulated area. A safety zone is established in the following area: The waters around liquefied gas carriers conducting ship-to-ship liquefied gas transfer operations in an area 100-yards around each vessel in the approximate position 17°54′20″ N, 066°35′6″ W. All coordinates are North American Datum 1983. (b) Regulations. (1) No person or vessel may enter, transit or remain in the safety zone 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 zone must comply with all lawful orders or directions given to them by the Captain of the Port or the designated Coast Guard commissioned, warrant, or petty officer. (2) Vessels encountering emergencies, which require transit through the 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. (3) 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. (4) 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 ship-to-ship liquefied gas transfer operations of liquefied gas carriers via a Marine Broadcast Notice to Mariners. (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. Dated: January 25, 2021. G.H. Magee, Captain, U.S. Coast Guard, Captain of the Port San Juan. [FR Doc. 2021–02104 Filed 2–2–21; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 DEPARTMENT OF EDUCATION 34 CFR Parts 36 and 668 RIN 1801–AA21 Adjustment of Civil Monetary Penalties for Inflation Department of Education. Final regulations. AGENCY: ACTION: The Department of Education (Department) issues these final regulations to adjust the Department’s civil monetary penalties (CMPs) for inflation. This adjustment is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act). These final regulations provide the 2021 annual inflation adjustments being made to the penalty amounts in the Department’s final regulations published in the Federal Register on January 14, 2020 (2020 final rule). DATES: These regulations are effective February 3, 2021. The adjusted CMPs established by these regulations are applicable only to civil penalties assessed after February 3, 2021 whose associated violations occurred after November 2, 2015. FOR FURTHER INFORMATION CONTACT: Levon Schlichter, U.S. Department of Education, Office of the General Counsel, 400 Maryland Avenue SW, Room 6E235, Washington, DC 20202– 2241. Telephone: (202) 453–6387. Email: levon.schlichter@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1–800–877–8339. On request to the contact person listed in this section, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. SUPPLEMENTARY INFORMATION: SUMMARY: Background A CMP is defined in the Inflation Adjustment Act (28 U.S.C. 2461 note) as any penalty, fine, or other sanction that is (1) for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; (2) assessed or enforced by an agency pursuant to Federal law; and (3) assessed or enforced pursuant to an E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Rules and Regulations]
[Pages 7972-7974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02104]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0630]
RIN 1625-AA00


Safety Zone; Bahia de Ponce, Ponce, PR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanment safety zone for 
certain waters of Bahia de Ponce, Ponce, Puerto Rico. This action is 
necessary to provide for the safety of life on these navigable waters 
during ship-to-ship liquefied gas transfer operations between liquefied 
gas carriers. This rule will prohibit persons and vessels from being in 
the safety zone when activated unless authorized by the Captain of the 
Port San Juan or a designated representative.

DATES: This rule is effective March 5, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0630 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 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
LG Liquefied Gas
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
PR Puerto Rico
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 20, 2020, New Fortress Energy requested to begin 
conducting ship-to-ship liquefied natural gas (LNG) transfer operations 
in a location approximately three nautical miles south of Ponce, Puerto 
Rico (PR). Coast Guard Sector San Juan engaged with local stakeholders 
and determined the proposed location could accommodate regular 
anchoring and ship-to-ship liquefied gas (LG) transfer operations 
between LG carriers. The Captain of the Port San Juan (COTP) has 
determined that potential hazards associated with ship-to-ship LG 
transfer operations between LG carriers would be a safety concern for 
anyone within 100-yards of the location of the transfer operations. In 
response, on December 1, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Safety Zone; Bahia de Ponce, Ponce, 
PR'' (85 FR 77093). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this fireworks 
display. During the comment period that ended December 31, 2020 we 
received no comments.

[[Page 7973]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with 
transfer operations between LG carriers would be a safety concern for 
anyone within 100-yards of the location of the transfer operations. The 
purpose of this rule is to ensure safety of vessels and the navigable 
waters in the safety zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM that published 
December 1, 2020. There are two changes in the regulatory text of this 
rule from the proposed rule in the NPRM. In Sec.  165.788(a), under 
``Regulated area'' the text stating, ``The waters around liquefied gas 
carriers conducting ship-to-ship liquefied natural gas transfer 
operations,'' is changed to, ``The waters around liquefied gas carriers 
conducting ship-to-ship liquefied gas transfer operations,'' removing 
the word ``natural.'' Sec.  165.788)(b)(4), under ``Regulations,'' the 
phrase ``liquefied natural gas'' is also changed to ``liquefied gas.''
    This rule establishes a permanent safety zone in certain waters of 
Bahia de Ponce, Ponce, PR where New Fortress Energy will be conducting 
ship-to-ship LNG transfer operations. These operations will be ongoing 
for the forseeable future. Accordingly, LG transfer operations will be 
held at various times on the waters of Bahia de Ponce, Ponce, PR.
    This rule establishes a 100-yard safety zone in a location 
approximately three nautical miles south of Ponce, PR, while LG 
transfer operations are being conducted. No vessel or person will be 
permitted to enter the safety zone when activated without obtaining 
permission from the COTP or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the permanent safety zone by 
contacting the Captain of the Port San 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 transfer operations 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.

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. 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).
    This regulatory action determination is based on the size, 
location, duration and restrictions of the safety zone. The safety zone 
required for these operations is 100 yards, making the safety zone 
limited in size. The safety zone is limited to a location approximately 
three nautical miles south of Ponce, PR, making the zone limited in 
location. Additionally, the safety zone will be enforced only while LG 
transfer operations are being conducted, making it limited in duration. 
Vessels will be permitted to enter the safety zone when ship-to-ship 
transfer operations are not being conducted, limiting the restrictions 
associated with the safety zone.

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 received no 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 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

[[Page 7974]]

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 a 
safety zone during ship-to-ship liquefied transfer operations lasting 
approximately 24 hours that would prohibit entry within 100 yards of 
the location of the transfer operations. It is 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.  165.788 to read as follows:


Sec.  165.788   Safety Zone; Bahia de San Juan, Ponce, Puerto Rico.

    (a) Regulated area. A safety zone is established in the following 
area:
    The waters around liquefied gas carriers conducting ship-to-ship 
liquefied gas transfer operations in an area 100-yards around each 
vessel in the approximate position 17[deg]54'20'' N, 066[deg]35'6'' W. 
All coordinates are North American Datum 1983.
    (b) Regulations. (1) No person or vessel may enter, transit or 
remain in the safety zone 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 zone must comply with 
all lawful orders or directions given to them by the Captain of the 
Port or the designated Coast Guard commissioned, warrant, or petty 
officer.
    (2) Vessels encountering emergencies, which require transit through 
the 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.
    (3) 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.
    (4) 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 
ship-to-ship liquefied gas transfer operations of liquefied gas 
carriers via a Marine Broadcast Notice to Mariners.
    (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.

    Dated: January 25, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-02104 Filed 2-2-21; 8:45 am]
BILLING CODE 9110-04-P