Safety Zone; Christiansted Harbor, St. Croix, USVI, 18447-18449 [2021-07300]
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
minutes before the bridge is lowered for
train traffic a crewmember from the
train will initiate a SECURITE call on
VHF–FM Marine Channel 16 that the
bridge will be lowering for train traffic
and invite any concerned mariners to
contact the crewmember on VHF–FM
Marine Channel 12. The crewmember
will also visually monitor for vessel
traffic and listen for the standard bridge
opening signal of one prolonged blast
and one short blast from vessels already
transiting the waterway. After the ten
minute warning, another SECURITE
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic, five minutes
before lowering. Once the draw tender
is satisfied that it is safe, the bridge will
be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge
shall be raised and locked in the fully
open to navigation position.
(b) Elgin, Joliet, and Eastern Railroad
Bridge, mile 1.89, over the Indiana
Harbor Canal need not have a
drawtender in continued attendance at
the bridge. Ten minutes before the
bridge is lowered for train traffic a
crewmember from the train will initiate
a SECURITE call on VHF–FM Marine
Channel 16 that the bridge will be
lowering for train traffic and invite any
concerned mariners to contact the
crewmember on VHF–FM Marine
Channel 12. The crewmember will also
visually monitor for vessel traffic and
listen for the standard bridge opening
signal of one prolonged blast and one
short blast from vessels already
transiting the waterway. After the ten
minute warning, another SECURITE
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic, five minutes
before lowering. Once the crewmember
is satisfied that it is safe, the bridge will
be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge
shall be raised and locked in the fully
open to navigation position.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–07436 Filed 4–8–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0307]
RIN 1625–AA00
Safety Zone; Christiansted Harbor, St.
Croix, USVI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is
establishing a permanent safety zone for
certain waters of the Christiansted
Harbor, St. Croix, United States Virgin
Islands when liquefied gas carriers are
in transit to, moored, or are departing
from the Virgin Island Water and Power
Authority (WAPA) dock. This action is
necessary to provide for the safety of life
on these navigable waters near the
WAPA dock. This rule prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port San Juan or a designated
representative. This action is necessary
to better meet the safety and security
needs of the Port of San Juan.
DATES: This rule is effective May 10,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0307 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 LT Randy Johnston, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2380, email
ssjwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
USVI United States Virgin Islands
II. Background Information and
Regulatory History
On May 28, 2020, Small Boat Station
San Juan recommended Sector San Juan
establish a permanent safety zone in
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18447
Christiansted Harbor, St. Croix, United
States Virgin Islands (USVI), where they
routinely perform escorts of liquefied
gas (LG) carriers. In response, on
November 2, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety
Zones; Christiansted Harbor, St. Croix,
USVI’’ (85 FR 69301). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to the safety zone. During
the comment period that ended
December 2, 2020, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Juan (COTP) has
determined that potential hazards
associated with the transit and cargo
operation of LG carriers would be a
safety concern for anyone within a onehalf mile of LG carriers during transit
and within a 50-yard radius while LG
carriers are moored at the Virgin Island
Water and Power Authority (WAPA)
dock. The purpose of this rulemaking is
to ensure the safety of vessels and the
navigable waters during the escort and
cargo operation of LG carriers.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
November 2, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a permanent
moving safety zone in Christiansted
Harbor, St. Croix, USVI, where Coast
Guard assets routinely perform escorts
of LG carriers. This rule establishes a
moving safety zone of one-half mile
around any transiting LG carrier,
beginning at Christiansted Harbor
Lighted Buoy #1 and ending when the
LG Carrier moors at the WAPA dock.
Once moored there will be a 50-yard
radius safety zone around the LG
carrier. Additionally, a moving safety
zone is established on the waters around
LG carriers departing Christiansted
Harbor in an area one-half mile around
each vessel beginning at the Virgin
Island Water and Power Authority
(WAPA) dock when the vessel gets
underway, and continuing until the
stern passes the Christiansted Harbor
Lighted Buoy #1. No vessel or person is
permitted to enter the safety zones
without obtaining permission from the
COTP or a designated representative.
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
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, 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 Christiansted Harbor, St. Croix,
USVI. 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 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
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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
contact 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
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Fmt 4700
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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 covering the transit and mooring of
liquefied gas carriers that would
prohibit entry within one-half mile. 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:
■
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 § 165.789 to read as follows:
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
§ 165.789 Safety Zone; Christiansted
Harbor, St. Croix, USVI.
(a) Regulated area. (1) A moving
safety zone is established on the waters
around liquefied gas carriers entering
Christiansted Harbor in an area one-half
mile around each vessel, beginning one
mile north of the Christiansted Harbor
Lighted Buoy #1, in approximate
position 17°46′48″ N, 064°41′48″ W, and
continuing until the vessel is moored at
the Virgin Island Water and Power
Authority (WAPA) dock in approximate
position 17°45′06″ N, 064°42′50″ W. All
coordinates are North American Datum
1983.
(2) The waters around liquefied gas
carriers in a 50-yard radius around each
vessel when moored at the WAPA dock.
(3) A moving safety zone is
established on the waters around
liquefied gas carriers departing
Christiansted Harbor in an area one-half
mile around each vessel beginning at
the WAPA dock in approximate
position 17°45′06″ N, 064°42′50″ W
when the vessel gets underway, and
continuing until the stern passes the
Christiansted Harbor Lighted Buoy #1,
in approximate position 17°45′48″ N,
064°41′48″ W.
(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 operating in the safety zone with
the Captain of the Port’s authorization
must comply with all lawful orders or
directions given to them by the Captain
of the Port or a designated
representative.
(2) 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.
(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 zones 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 zone will be in
effect by providing advance notice of
scheduled arrivals and departure of
cruise ships via a Marine Broadcast
Notice to Mariners.
(5) All persons and vessels must
comply with the instructions of on-
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Jkt 253001
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: April 6, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2021–07300 Filed 4–8–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0167]
RIN 1625–AA00
Safety Zone; Southwest Shelter Island
Channel Entrance Closure, San Diego,
CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone
covering the channel closure for the
Southwest Shelter Island Channel
Entrance. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the California
Department of Fish and Wildlife
(CDFW) Oil Spill Prevention and
Response (OSPR) Sensitive Site Strategy
Evaluation Program (SSSEP) boom
deployment exercise. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector San Diego.
DATES: This rule is effective from 8:30
a.m. until 10:30 a.m. on April 27, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0167 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 LT John Santorum, Waterways
Management, U.S. Coast Guard Sector
San Diego, Coast Guard; telephone 619–
278–7656, email MarineEventsSD@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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18449
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because an
NPRM would be impracticable. The
Coast Guard did not receive the details
of the Sensitive Site Strategy Evaluation
Program boom deployment exercise
with enough time to solicit and respond
to public comments on an NPRM. As
such, the channel closure on April 27,
2021 would occur before an NPRM and
final rule could be issued.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest, because action is necessary to
protect personel, vessels, and the
marine environment from the dangers
associated with the CDFW OSPR SSSEP
boom deployment exercise on April 27,
2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector San Diego
(COTP) has determined that potential
hazards associated with the CDFW
OSPR SSSEP boom deployment exercise
will be a safety concern to anyone
seeking access to the Southwest Shelter
Island Channel Entrance. This
temporary safety zone is therefore
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the exercise is ongoing.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:30 a.m. until 10:30 a.m. on April
27, 2021. The safety zone will cover the
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]]>Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18447-18449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07300]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0307]
RIN 1625-AA00
Safety Zone; Christiansted Harbor, St. Croix, USVI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone for
certain waters of the Christiansted Harbor, St. Croix, United States
Virgin Islands when liquefied gas carriers are in transit to, moored,
or are departing from the Virgin Island Water and Power Authority
(WAPA) dock. This action is necessary to provide for the safety of life
on these navigable waters near the WAPA dock. This rule prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port San Juan or a designated representative. This
action is necessary to better meet the safety and security needs of the
Port of San Juan.
DATES: This rule is effective May 10, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0307 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 LT Randy Johnston, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
USVI United States Virgin Islands
II. Background Information and Regulatory History
On May 28, 2020, Small Boat Station San Juan recommended Sector San
Juan establish a permanent safety zone in Christiansted Harbor, St.
Croix, United States Virgin Islands (USVI), where they routinely
perform escorts of liquefied gas (LG) carriers. In response, on
November 2, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zones; Christiansted Harbor, St.
Croix, USVI'' (85 FR 69301). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to the
safety zone. During the comment period that ended December 2, 2020, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Juan
(COTP) has determined that potential hazards associated with the
transit and cargo operation of LG carriers would be a safety concern
for anyone within a one-half mile of LG carriers during transit and
within a 50-yard radius while LG carriers are moored at the Virgin
Island Water and Power Authority (WAPA) dock. The purpose of this
rulemaking is to ensure the safety of vessels and the navigable waters
during the escort and cargo operation of LG carriers.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
November 2, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a permanent moving safety zone in
Christiansted Harbor, St. Croix, USVI, where Coast Guard assets
routinely perform escorts of LG carriers. This rule establishes a
moving safety zone of one-half mile around any transiting LG carrier,
beginning at Christiansted Harbor Lighted Buoy #1 and ending when the
LG Carrier moors at the WAPA dock. Once moored there will be a 50-yard
radius safety zone around the LG carrier. Additionally, a moving safety
zone is established on the waters around LG carriers departing
Christiansted Harbor in an area one-half mile around each vessel
beginning at the Virgin Island Water and Power Authority (WAPA) dock
when the vessel gets underway, and continuing until the stern passes
the Christiansted Harbor Lighted Buoy #1. No vessel or person is
permitted to enter the safety zones without obtaining permission from
the COTP or a designated representative.
[[Page 18448]]
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,
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 Christiansted Harbor, St. Croix, USVI. 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 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 contact 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 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 covering the transit and mooring of liquefied gas carriers
that would prohibit entry within one-half mile. 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. 165.789 to read as follows:
[[Page 18449]]
Sec. 165.789 Safety Zone; Christiansted Harbor, St. Croix, USVI.
(a) Regulated area. (1) A moving safety zone is established on the
waters around liquefied gas carriers entering Christiansted Harbor in
an area one-half mile around each vessel, beginning one mile north of
the Christiansted Harbor Lighted Buoy #1, in approximate position
17[deg]46'48'' N, 064[deg]41'48'' W, and continuing until the vessel is
moored at the Virgin Island Water and Power Authority (WAPA) dock in
approximate position 17[deg]45'06'' N, 064[deg]42'50'' W. All
coordinates are North American Datum 1983.
(2) The waters around liquefied gas carriers in a 50-yard radius
around each vessel when moored at the WAPA dock.
(3) A moving safety zone is established on the waters around
liquefied gas carriers departing Christiansted Harbor in an area one-
half mile around each vessel beginning at the WAPA dock in approximate
position 17[deg]45'06'' N, 064[deg]42'50'' W when the vessel gets
underway, and continuing until the stern passes the Christiansted
Harbor Lighted Buoy #1, in approximate position 17[deg]45'48'' N,
064[deg]41'48'' W.
(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 operating in the safety zone with the
Captain of the Port's authorization must comply with all lawful orders
or directions given to them by the Captain of the Port or a designated
representative.
(2) 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.
(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 zones 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 zone will be in effect by providing advance notice of scheduled
arrivals and departure of cruise ships 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: April 6, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-07300 Filed 4-8-21; 8:45 am]
BILLING CODE 9110-04-P
