
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59484-59486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20856]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0832]
RIN 1625-AA00


Safety Zone; Caribbean Fantasy, Vessel on Fire; Punta Salinas, 
Toa Baja, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone of 
1,000 yards radius for the Cruise Ship Caribbean Fantasy due to an 
imminent fire on board, in the vicinity of Punta Salinas, Toa Baja, 
Puerto Rico. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards associated with the 
fire on board the vessel. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
San Juan.

DATES: This rule is effective without actual notice from August 30, 
2016 until 11:59 p.m. on August 31, 2016. For purposes of enforcement, 
actual notice will be used from 3 p.m. on August 17, 2016 through 
August 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0832 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 Mr. Efrain Lopez, Sector San Juan

[[Page 59485]]

Prevention Department, Coast Guard; telephone (787) 289-2097, email 
Efrain.Lopez1@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  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 of the immediate actions needed to 
respond to the emergency and potential safety hazards associated with 
the fire on board the Caribbean Fantasy. It is impracticable to publish 
an NPRM because we must establish this safety zone immediately, on 
August 17, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the emergency and potential 
safety hazards associated with the fire on board the Caribbean Fantasy.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port San Juan (COTP) has determined that 
potential hazards associated with fire will be a safety concern for 
anyone within a 1000-yard radius the Caribbean Fantasy. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3 p.m. on August 17, 2016 
until 11:59 p.m. on August 31, 2016. The safety zone will cover all 
navigable waters within 1000 yards of the vessel Caribbean Fantasy. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the passenger gets 
rescued and the fire gets suppressed. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The safety zone listed in this rule will restrict vessel traffic 
from entering, transiting in or operating on the waters within this 
zone. The effect of this regulation will not be significant for several 
reasons: (1) this rule will only affect vessel traffic for a short 
duration; (2) vessels may request permission from the COTP to transit 
through the safety zone; and (3) the impacts on routine navigation are 
expected to be minimal. Notifications to the marine community will be 
made through Broadcast Notice to Mariners via VHF-FM marine channel 16 
and on-scene representatives. These 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 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 
contact 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,

[[Page 59486]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 that will prohibit entry within 1000 yards 
of the Caribbean Fantasy due to an imminent fire on board. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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 rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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

    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: 33 U.S.C. 1231; 50 U.S.C. 191; 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 a temporary Sec.  165.T07-0832 to read as follows:


Sec.  165.T07-0832  Safety Zone; Caribbean Fantasy, Vessel on Fire; 
Punta Salinas, Toa Baja, Puerto Rico.

    (a) Regulated area. The following area is a safety zone: all waters 
within 1,000 yard radius from the Caribbean Fantasy, located in Punta 
Salinas, Toa Baja, Puerto Rico.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Jacksonville in the enforcement of the regulated 
area.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this safety zone is prohibited unless 
specifically authorized by the Captain of the Port San Juan or a 
designated representative.
    (2) Persons or vessels desiring enter into, pass through, or 
operate on the waters within this zone, must request permission from 
the Captain of the Port San Juan or a designated representative. They 
may be contacted on VHF-FM Channel 16 or by telephone at (787) 289-
2041.
    (3) If permission is granted, all persons and vessels shall comply 
with any specific instructions of the Captain of the Port San Juan or 
designated representative, while transiting through the zone.
    (d) Informational broadcasts. The Coast Guard will provide notice 
of the regulated area by Broadcast Notices to Mariners and on-scene 
designated representatives.
    (e) Enforcement period. This safety zone will be enforced from 3 
p.m. on August 17, 2016 through 11:59 p.m. on August 31, 2016.

    Dated: August 17, 2016.
R.W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2016-20856 Filed 8-29-16; 8:45 am]
 BILLING CODE 9110-04-P


