Safety Zone; Heavy Weather and Natural or Other Disasters in San Juan Captain of the Port Zone, San Juan, Puerto Rico, 38413-38416 [2023-12642]
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Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules
The Proposal
§ 71.1
The FAA is proposing an amendment
to 14 CFR part 71 to modify the Class
E airspace extending upward from 700
feet above the surface at Northeast
Wyoming Regional Airport, Gillette,
WY. The Class E airspace extending
upward from 700 feet above the surface
should be modified to include a 5-mile
radius of the airport. This area would
accommodate arriving IFR operations
below 1,500 feet above the surface and
departing IFR operations until they
reach 1,200 feet above the surface.
■
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANM WY E5 Gillette, WY [Amended]
Northeast Wyoming Regional Airport, WY
(Lat. 44°20′56″ N., long. 105°32′22″ W.)
That airspace extending upward from 700
feet above the surface within a 5-mile radius
of the airport, and that airspace within 4
miles each side of the 170° bearing extending
from the 5-mile radius to 14 miles south of
the airport, and that airspace 4 miles each
side of the 350° bearing extending from the
5-mile radius to 11 miles north of the airport.
*
*
*
*
*
Issued in Des Moines, Washington, on June
6, 2023.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2023–12497 Filed 6–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2023–0269]
RIN 1625–AA00
Safety Zone; Heavy Weather and
Natural or Other Disasters in San Juan
Captain of the Port Zone, San Juan,
Puerto Rico
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a safety zone that would
restrict vessels from transiting through
certain navigable waters in the San Juan
Captain of the Port (COTP) zone during
periods of experienced or expected gale
force winds (of 34 knots/39 mph or
greater) and reduced visibility due to
anticipated heavy weather periods, e.g.,
tropical storm, hurricane or due to any
natural or other disasters where the
restriction of vessel traffic is deemed
appropriate by the COTP. This proposed
rulemaking would prohibit vessel traffic
transiting or remaining in the regulated
areas unless authorized by the COTP,
San Juan, Puerto Rico, or a designated
SUMMARY:
The Proposed Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
17:07 Jun 12, 2023
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
33 CFR Part 165
Environmental Review
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representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 28, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0269 using the Federal Decision
Making 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 LCDR Carlos
M. Ortega-Pe´rez, the Waterways
Management Division Chief, Sector San
Juan Prevention Department, U.S. Coast
Guard; telephone 787–729–2380, email
Carlos.M.Ortega-Perez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MTS Maritime Transportation System
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
The purpose of the proposed
regulation is to ensure the safety of the
port and life on navigable waters of the
United States by restricting movement
of vessels and barges over 500 gross tons
(GT) in the event of heavy weather
conditions or any natural or other
disasters anticipated to affect the San
Juan Captain of the Port (COTP) zone.
The COTP has determined that reduced
or restricted visibility and gale force
winds which may occur during heavy
weather periods and other disasters
affecting Puerto Rico and the U.S. Virgin
Islands, constitutes a safety concern for
the navigable waters and waterfront
facilities within the San Juan COTP
zone. This proposed regulation would
ensure safety of vessels and navigable
waters within the safety zone before,
during, and after heavy weather
conditions, e.g., tropical storms,
hurricanes and any natural or other
disasters to minimize potential danger
to the inbound, outbound, and
transiting vessels. Additionally, both
natural and other disasters may occur
that are outside of the scope of the
previously mentioned events, that
would require the restriction of vessel
movements within the COTP zone to
protect life, property and the Maritime
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Transportation System (MTS) of Puerto
Rico and the U.S. Virgin Islands. 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 a
safety zone on certain navigable waters
within the Sector San Juan COTP zone
in response to anticipated heavy
weather periods (e.g., tropical storms
and hurricanes) and any natural or other
disasters that would restrict movement
of vessels when the COTP sets specific
Port Conditions, or deems such
restrictions necessary, if the situation
threatens the safety of vessels and
mariners entering, departing, and
transiting through ports located within
the San Juan COTP zone. The movement
of vessels and barges over 500 GT
within navigable waters of the San Juan
COTP zone, i.e., ports of Puerto Rico
and the U.S. Virgin Islands would be
affected by this rule. Vessel movement
restrictions would only apply to ports
identified by the COTP forecast to
experience gale force winds within an
established threshold. The proposed
rule would give the COTP flexibility in
controlling and reconstituting vessel
traffic during periods of heavy weather
and allows for expediting resumption of
the MTS following disasters and severe
weather.
The proposed rule includes safety
zones that would have vessel movement
limitation determined by each
Hurricane Port Condition when
established by the COTP while in
hurricane season or while anticipating
gale force winds, and any natural or
other disasters within the San Juan
COTP zone. Hurricane Port Conditions
(WHISKEY, X–RAY, YANKEE, and
ZULU) are standardized states of
operation instituted by the COTP and
shared with all major ports, facilities,
and members of MTS) within the COTP
zone. All stakeholders are required to
work in unison to safeguard the MTS
when faced with the annual challenges
posed by tropical storms, hurricanes as
well as other unforeseen disasters.
Notice of Port Conditions and their
requirements will be given via Marine
Safety Information Bulletins, online at
https://homeport.uscg.mil/portdirectory/san-juan, Broadcast Notice to
Mariners, and during Port Coordination
meetings.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
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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 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).
We expect the economic impact of
this proposed rule to be not significant
for the following reasons: (1) Vessel
traffic and facilities will be impacted by
this rule only during limited times
while heavy weather or other disaster is
expected to impact the Sector San Juan
COTP zone; (2) vessel traffic would be
secured only during port conditions
Yankee and Zulu, and only in port areas
potentially affected by gale force winds;
and (3) the Coast Guard would issue
updates on https://homeport.uscg.mil/
port-directory/san-juan, Broadcast
Notice to Mariners, and during Port
Coordination meetings.
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
zone 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 rule would economically affect it.
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 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
potential effects of this proposed rule
elsewhere in this preamble.
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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 safety zone of limited
duration implemented during heavy
weather events e.g., tropical storms,
hurricanes, or other natural disasters
where a safety zone implementation is
deemed appropriate by the COTP.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
preliminary Record of Environmental
Consideration is available in the docket
where indicated under ADDRESSES. 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0269 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
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Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov. Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: Authority: 46 U.S.C. 70034,
70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–
6, and 160.5; Department of Homeland
Security Delegation No. 00170.1, Revision
No. 01.3.
■
2. Add § 165.791 to read as follows:
§ 165.791 Safety Zones; Heavy Weather
and Natural or Other Disasters in San Juan
Captain of the Port Zone.
(a) Location. The following area is a
safety zone: All navigable waters, as
defined in 33 CFR 2.36, within Sector
San Juan Captain of the Port (COTP)
zone, San Juan, Puerto Rico, as
described in 33 CFR 3.35–25, during
specified conditions. (b) Definitions. (1)
As used in this section, designated
representative means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel
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38415
and a Federal, State, and local officer
designated by or assisting the COTP San
Juan in the enforcement of the safety
zone.
(b) Definitions.
(1) Gale force winds means sustained
surface winds, or frequent gusts, of 34
knots (39 mph) or more usually seen in
coastal regions.
(2) Port Condition WHISKEY means a
condition set by the COTP when gale
force winds are expected to make
landfall at the port within 72 hours.
(3) Port Condition X–RAY means a
condition set by the COTP when gale
force winds are expected to make
landfall at the port within 48 hours.
(4) Port Condition YANKEE means a
condition set by the COTP when gale
force winds are expected to make
landfall at the port within 24 hours.
(5) Port Condition ZULU means a
condition set by the COTP when gale
force winds are expected to make
landfall at the port within 12 hours.
(c) Regulations. (1) Port Condition
WHISKEY. Open to all commercial
traffic. All oceangoing vessels over 500
(GT) to report their intention to depart
or remain in port. All oceangoing
vessels over 500 GT intending to remain
in port must contact the COTP prior to
setting port condition X-Ray. All vessel
and port facilities must exercise due
diligence in preparation for potential
storm impacts. Slow-moving vessels
may be ordered to depart to ensure safe
avoidance of the incoming storm upon
the anticipation of the setting of Port
Condition X–RAY. Ports and waterfront
facilities must begin removing all debris
and securing potential flying hazards.
Container stacking plans must be
implemented. Waterfront facilities that
are unable to reduce container-stacking
height to no more than four high must
submit a container stacking protocol to
the COTP.
(2) Port Condition X–RAY. Open to all
commercial traffic. Remain in port
applications will no longer be accepted
without a COTP waiver. Vessels
remaining in port may be issued COTP
Orders to depart immediately. All
vessels and port facilities must ensure
that potential flying debris is removed
or secured. Hazardous materials/
pollution hazards must be secured in a
safe manner and away from waterfront
areas. Facilities must continue to
implement container-stacking protocol.
Containers must not exceed four tiers,
unless previously approved by the
COTP. Containers carrying hazardous
materials may not be stacked above the
second tier. All oceangoing commercial
vessels greater than 500-gross tons must
prepare to depart ports and anchorages
within the affected regulated area. These
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vessels must depart immediately upon
the setting of Port Condition YANKEE.
During this condition, slow-moving
vessels may be ordered to depart to
ensure safe avoidance of the incoming
storm. Vessels that are unable to depart
the port must contact the COTP to
request and receive permission to
remain in the port. Vessels with COTPs
permission to remain in the port must
implement their pre-approved mooring
arrangement. Terminal operators must
prepare to terminate all cargo
operations. The COTP may require
additional precautions to ensure the
safety of the ports and waterways.
(3) Port Condition YANKEE. The port
is closed to all inbound vessel traffic
except unless specifically authorized by
the COTP. All oceangoing vessels
greater than 500-gross tons without
approved applications to remain in port
shall depart designated ports within the
Sector San Juan COTP zone at this time.
Final mooring arrangements for vessels
remaining in port. Appropriate
container stacking protocol must be
completed. Terminal operators must
terminate all cargo operations not
associated with storm preparations.
Cargo operations associated with storm
preparations include moving cargo
within or off the port for securing
purposes, crane and other port/facility
equipment preparations, and similar
activities, but do not include moving
cargo onto the port or vessel loading/
discharging operations unless
specifically authorized by the COTP. All
facilities must continue to operate in
accordance with approved Facility
Security Plans and comply with the
requirements of the Maritime
Transportation Security Act.
(4) Port Condition ZULU. The port is
closed to all vessel traffic except unless
specifically authorized by the COTP.
Cargo operations are suspended,
including bunkering and lightering.
except final preparations that are
expressly permitted by the COTP as
necessary to ensure the safety of the
ports and facilities. Waivers maybe
granted unless Cargo of Particular
Hazard or Certain Dangerous Cargo is
involved. Coast Guard Port Assessment
Teams will conduct final port
assessments.
(5) Emergency Regulation for Other
Disasters. Any natural or other disasters
that are anticipated to affect the Sector
San Juan COTP zone will result in the
prohibition of facility operations and
vessel traffic transiting or remaining in
the affected port.
(6) Persons and vessels desiring to
enter, transit through, anchor in, or
remain in the regulated area may
contact the COTP via telephone at (787)
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289–2041, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain in the regulated
area is granted by the COTP or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative.
(7) Coast Guard Sector San Juan will
attempt to notify the maritime
community of periods during which
these safety zones will be in effect via
Broadcast Notice to Mariners or by onscene designated representatives.
Dated: June 8, 2023.
Robert M. Pirone,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Juan.
[FR Doc. 2023–12642 Filed 6–12–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 228
RIN 0596–AD47
Minerals Cost Recovery
Forest Service, USDA.
Proposed rule; request for
public comment.
AGENCY:
ACTION:
The Forest Service proposes
regulations to impose new fees to
recover the agency’s costs for processing
proposals related to mineral activity on
National Forest System lands. This
would include costs for actions such as
environmental review and analysis,
monitoring authorized activities, and
other processing-related costs. The
proposed rule would establish a fee
schedule based on categories of Federal
hours needed to complete processing for
most mineral-related actions and charge
a fixed fee for low-volume mineral
material disposals. This proposal to
recover costs is based on statutory
authority, which authorizes Federal
agencies to charge for work it performs
to provide a service or benefit to
identifiable entities and on policy
guidance from the Office of
Management and Budget (OMB) which
directs charging these fees. This
rulemaking also responds to a
Government Accountability Office
(GAO) recommendation made in an
audit report that the Forest Service
recover costs for processing locatable
mineral plans of operation. The Forest
Service invites written comments on
SUMMARY:
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this proposed rule and its supporting
economic analysis of impacts to small
businesses.
DATES: Comments concerning this
proposed rule must be received by
August 14, 2023.
ADDRESSES: Comments, identified by
RIN 0596–AD47, should be sent via one
of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments;
2. Email: SM.FS.WO_MGMStaff@
usda.gov;
3. Mail: Director, Minerals and
Geology Management Staff, 201 14th
Street SW, Washington, DC 20250–1124;
or
4. Hand Delivery/Courier: Director,
Minerals and Geology Management
Staff, 1st Floor South East, 201 14th
Street SW, Washington, DC 20250–1124.
Please confine written comments to
issues pertinent to the proposed rule
and the supporting economic analysis;
explain the reasons for any
recommended changes; and, where
possible, reference the specific wording
being addressed. All comments,
including names and addresses when
provided, will be placed in the record
and will be available for public
inspection and copying. The public may
inspect comments received on this
proposed rule at the Office of the
Director, Minerals and Geology
Management, 201 14th Street SW, 1st
Floor Southeast, Sidney R. Yates
Federal Building, Washington, DC, on
business days between 8:30 a.m. and
4:00 p.m. Visitors are encouraged to call
ahead at 202–205–1680 to facilitate
entry into the building. Comments may
also be viewed on the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Searchbox,
enter ‘‘RIN 0596–AD47’’ and click the
‘‘Search’’ button.
FOR FURTHER INFORMATION CONTACT: Tim
Abing, Affiliate to the Minerals and
Geology Management Staff at
timothy.abing@usda.gov. Individuals
who use telecommunication devices for
the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339 between 8 a.m. and 8
p.m., Eastern Daylight Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION:
Background and Need for Proposed
Rule
The Forest Service proposes
regulations to recover its costs for
processing applications and other
proposals related to mineral activity
conducted on National Forest System
(NFS) lands. The proposed rule would
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]]>Agencies
[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38413-38416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12642]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0269]
RIN 1625-AA00
Safety Zone; Heavy Weather and Natural or Other Disasters in San
Juan Captain of the Port Zone, San Juan, Puerto Rico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone that
would restrict vessels from transiting through certain navigable waters
in the San Juan Captain of the Port (COTP) zone during periods of
experienced or expected gale force winds (of 34 knots/39 mph or
greater) and reduced visibility due to anticipated heavy weather
periods, e.g., tropical storm, hurricane or due to any natural or other
disasters where the restriction of vessel traffic is deemed appropriate
by the COTP. This proposed rulemaking would prohibit vessel traffic
transiting or remaining in the regulated areas unless authorized by the
COTP, San Juan, Puerto Rico, 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 June 28, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0269 using the Federal Decision Making 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 LCDR Carlos M. Ortega-P[eacute]rez,
the Waterways Management Division Chief, Sector San Juan Prevention
Department, U.S. Coast Guard; telephone 787-729-2380, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MTS Maritime Transportation System
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
The purpose of the proposed regulation is to ensure the safety of
the port and life on navigable waters of the United States by
restricting movement of vessels and barges over 500 gross tons (GT) in
the event of heavy weather conditions or any natural or other disasters
anticipated to affect the San Juan Captain of the Port (COTP) zone. The
COTP has determined that reduced or restricted visibility and gale
force winds which may occur during heavy weather periods and other
disasters affecting Puerto Rico and the U.S. Virgin Islands,
constitutes a safety concern for the navigable waters and waterfront
facilities within the San Juan COTP zone. This proposed regulation
would ensure safety of vessels and navigable waters within the safety
zone before, during, and after heavy weather conditions, e.g., tropical
storms, hurricanes and any natural or other disasters to minimize
potential danger to the inbound, outbound, and transiting vessels.
Additionally, both natural and other disasters may occur that are
outside of the scope of the previously mentioned events, that would
require the restriction of vessel movements within the COTP zone to
protect life, property and the Maritime
[[Page 38414]]
Transportation System (MTS) of Puerto Rico and the U.S. Virgin Islands.
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 a safety zone on certain
navigable waters within the Sector San Juan COTP zone in response to
anticipated heavy weather periods (e.g., tropical storms and
hurricanes) and any natural or other disasters that would restrict
movement of vessels when the COTP sets specific Port Conditions, or
deems such restrictions necessary, if the situation threatens the
safety of vessels and mariners entering, departing, and transiting
through ports located within the San Juan COTP zone. The movement of
vessels and barges over 500 GT within navigable waters of the San Juan
COTP zone, i.e., ports of Puerto Rico and the U.S. Virgin Islands would
be affected by this rule. Vessel movement restrictions would only apply
to ports identified by the COTP forecast to experience gale force winds
within an established threshold. The proposed rule would give the COTP
flexibility in controlling and reconstituting vessel traffic during
periods of heavy weather and allows for expediting resumption of the
MTS following disasters and severe weather.
The proposed rule includes safety zones that would have vessel
movement limitation determined by each Hurricane Port Condition when
established by the COTP while in hurricane season or while anticipating
gale force winds, and any natural or other disasters within the San
Juan COTP zone. Hurricane Port Conditions (WHISKEY, X-RAY, YANKEE, and
ZULU) are standardized states of operation instituted by the COTP and
shared with all major ports, facilities, and members of MTS) within the
COTP zone. All stakeholders are required to work in unison to safeguard
the MTS when faced with the annual challenges posed by tropical storms,
hurricanes as well as other unforeseen disasters.
Notice of Port Conditions and their requirements will be given via
Marine Safety Information Bulletins, online at https://homeport.uscg.mil/port-directory/san-juan, Broadcast Notice to
Mariners, and during Port Coordination meetings.
The regulatory text we are proposing appears at the end of this
document.
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. 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).
We expect the economic impact of this proposed rule to be not
significant for the following reasons: (1) Vessel traffic and
facilities will be impacted by this rule only during limited times
while heavy weather or other disaster is expected to impact the Sector
San Juan COTP zone; (2) vessel traffic would be secured only during
port conditions Yankee and Zulu, and only in port areas potentially
affected by gale force winds; and (3) the Coast Guard would issue
updates on https://homeport.uscg.mil/port-directory/san-juan, Broadcast
Notice to Mariners, and during Port Coordination meetings.
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 zone 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 rule would economically affect it.
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 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 potential effects of
this proposed rule elsewhere in this preamble.
[[Page 38415]]
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 safety
zone of limited duration implemented during heavy weather events e.g.,
tropical storms, hurricanes, or other natural disasters where a safety
zone implementation is deemed appropriate by the COTP. Normally such
actions are categorically excluded from further review under paragraph
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. A preliminary Record of Environmental
Consideration is available in the docket where indicated under
ADDRESSES. 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 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0269 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov. Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 00170.1, Revision No. 01.3.
0
2. Add Sec. 165.791 to read as follows:
Sec. 165.791 Safety Zones; Heavy Weather and Natural or Other
Disasters in San Juan Captain of the Port Zone.
(a) Location. The following area is a safety zone: All navigable
waters, as defined in 33 CFR 2.36, within Sector San Juan Captain of
the Port (COTP) zone, San Juan, Puerto Rico, as described in 33 CFR
3.35-25, during specified conditions. (b) Definitions. (1) As used in
this section, designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the COTP San Juan in the enforcement
of the safety zone.
(b) Definitions.
(1) Gale force winds means sustained surface winds, or frequent
gusts, of 34 knots (39 mph) or more usually seen in coastal regions.
(2) Port Condition WHISKEY means a condition set by the COTP when
gale force winds are expected to make landfall at the port within 72
hours.
(3) Port Condition X-RAY means a condition set by the COTP when
gale force winds are expected to make landfall at the port within 48
hours.
(4) Port Condition YANKEE means a condition set by the COTP when
gale force winds are expected to make landfall at the port within 24
hours.
(5) Port Condition ZULU means a condition set by the COTP when gale
force winds are expected to make landfall at the port within 12 hours.
(c) Regulations. (1) Port Condition WHISKEY. Open to all commercial
traffic. All oceangoing vessels over 500 (GT) to report their intention
to depart or remain in port. All oceangoing vessels over 500 GT
intending to remain in port must contact the COTP prior to setting port
condition X-Ray. All vessel and port facilities must exercise due
diligence in preparation for potential storm impacts. Slow-moving
vessels may be ordered to depart to ensure safe avoidance of the
incoming storm upon the anticipation of the setting of Port Condition
X-RAY. Ports and waterfront facilities must begin removing all debris
and securing potential flying hazards. Container stacking plans must be
implemented. Waterfront facilities that are unable to reduce container-
stacking height to no more than four high must submit a container
stacking protocol to the COTP.
(2) Port Condition X-RAY. Open to all commercial traffic. Remain in
port applications will no longer be accepted without a COTP waiver.
Vessels remaining in port may be issued COTP Orders to depart
immediately. All vessels and port facilities must ensure that potential
flying debris is removed or secured. Hazardous materials/pollution
hazards must be secured in a safe manner and away from waterfront
areas. Facilities must continue to implement container-stacking
protocol. Containers must not exceed four tiers, unless previously
approved by the COTP. Containers carrying hazardous materials may not
be stacked above the second tier. All oceangoing commercial vessels
greater than 500-gross tons must prepare to depart ports and anchorages
within the affected regulated area. These
[[Page 38416]]
vessels must depart immediately upon the setting of Port Condition
YANKEE. During this condition, slow-moving vessels may be ordered to
depart to ensure safe avoidance of the incoming storm. Vessels that are
unable to depart the port must contact the COTP to request and receive
permission to remain in the port. Vessels with COTPs permission to
remain in the port must implement their pre-approved mooring
arrangement. Terminal operators must prepare to terminate all cargo
operations. The COTP may require additional precautions to ensure the
safety of the ports and waterways.
(3) Port Condition YANKEE. The port is closed to all inbound vessel
traffic except unless specifically authorized by the COTP. All
oceangoing vessels greater than 500-gross tons without approved
applications to remain in port shall depart designated ports within the
Sector San Juan COTP zone at this time. Final mooring arrangements for
vessels remaining in port. Appropriate container stacking protocol must
be completed. Terminal operators must terminate all cargo operations
not associated with storm preparations. Cargo operations associated
with storm preparations include moving cargo within or off the port for
securing purposes, crane and other port/facility equipment
preparations, and similar activities, but do not include moving cargo
onto the port or vessel loading/discharging operations unless
specifically authorized by the COTP. All facilities must continue to
operate in accordance with approved Facility Security Plans and comply
with the requirements of the Maritime Transportation Security Act.
(4) Port Condition ZULU. The port is closed to all vessel traffic
except unless specifically authorized by the COTP. Cargo operations are
suspended, including bunkering and lightering. except final
preparations that are expressly permitted by the COTP as necessary to
ensure the safety of the ports and facilities. Waivers maybe granted
unless Cargo of Particular Hazard or Certain Dangerous Cargo is
involved. Coast Guard Port Assessment Teams will conduct final port
assessments.
(5) Emergency Regulation for Other Disasters. Any natural or other
disasters that are anticipated to affect the Sector San Juan COTP zone
will result in the prohibition of facility operations and vessel
traffic transiting or remaining in the affected port.
(6) Persons and vessels desiring to enter, transit through, anchor
in, or remain in the regulated area may contact the COTP via telephone
at (787) 289-2041, or a designated representative via VHF radio on
channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain in the regulated area is granted
by the COTP or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP or a designated representative.
(7) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety zones will be in effect
via Broadcast Notice to Mariners or by on-scene designated
representatives.
Dated: June 8, 2023.
Robert M. Pirone,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San Juan.
[FR Doc. 2023-12642 Filed 6-12-23; 8:45 am]
BILLING CODE 9110-04-P
