[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26615-26617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09162]



[[Page 26615]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0460]
RIN 1625-AA00


Safety Zone; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: By this final rule, the Coast Guard is making non-substantive 
changes to the final rule that published on March 19, 2020. The final 
rule became effective on April 20, 2020. However, the amendatory 
instruction in the rule issued on March 19, 2020 erroneously created a 
new section rather than amend the section that already existed in the 
CFR. We are reissuing this final rule with updated amendatory 
instructions in order to implement the changes that were intended to be 
implemented by the final rule that published on March 19, 2020.

DATES: This correction is effective on May 5, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Pedro Mendoza, Sector San Juan 
Prevention Department, Waterways Management Division, U.S. Coast Guard; 
telephone 787-729-2374, email Pedro.L.Mendoza@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
LNG Liquefied Natural Gas
LPG Liquefied Petroleum Gas
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this rule without prior final rule 
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 when the agency for good 
cause finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.''
    On December 17, 2019, a notice of proposed rulemaking (NPRM) 
entitled, ``Safety Zone; San Juan Harbor, San Juan, PR'' was published 
in the Federal Register under USCG-2019-0460 (84 FR 68860) with a 30 
day comment period. The comment period ended on January 16, 2020. No 
comments were submitted during the NPRMs 30 day comment period. The 
Coast Guard published a final rule on March 19, 2020, 85 FR 15724, 
announcing the same changes to 33 CFR 165.754 that this rule 
implements. The final rule became effective on April 20, 2020. However, 
the amendatory instruction in the rule issued on March 19, 2020 
erroneously created a new 33 CFR 165.754 rather than amend 33 CFR 
165.754 that already existed in the CFR. We are reissuing this final 
rule with updated amendatory instructions in order to implement the 
changes that were intended to be implemented by the final rule that 
published on March 19, 2020. Under 5 U.S.C. 553(b)(B), the Coast Guard 
finds that correcting the amendatory instructions on a final rulemaking 
action that had been completed, and published in the Federal Register 
with a 30 day delayed effective date; therefore, this technical 
amendment is exempt from notice and comment rulemaking requirements 
because the only amendment being made is to clarify in the amendatory 
instructions that existing 33 CFR 165.754 is being ``revised'' and not 
being added as a new section to the CFR. This revision is a non-
substantive change. This change will have no substantive effect on the 
public; therefore, it is unnecessary to publish an NPRM.
    For the same reasons provided in the preceding paragraph, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register under 5 U.S.C. 
553(d)(3).

III. Legal Authority, Need for Rule, and Discussion

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Coast Guard published a final rule on March 19, 2020, 85 FR 
15724, announcing the same changes to 33 CFR 165.754 that this rule 
implements. The final rule was supposed to become effective on April 
20, 2020. However, the amendatory instruction in the rule issued on 
March 19, 2020 erroneously created a new 33 CFR 165.764. We are 
reissuing this final rule; correction document with updated amendatory 
instructions in order to implement the changes into the existing 33 CFR 
165.754 that were intended by the final rule on March 19, 2020.

IV. 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    Because this rule is not a significant regulatory action, this rule 
is exempt from the requirements of Executive Order 13771. See the OMB 
Memorandum titled ``Guidance Implementing Executive Order 13771, titled 
`Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (April 
5, 2017). This rule involves a non-substantive change in the amendatory 
instruction; it will not impose any additional costs on the public. The 
benefit of the non-substantive change is 33 CFR 165.754 will be 
revised, and the addition of a second 33 CFR 165.754, which was 
erroneously added to the the CFR will be removed.

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

[[Page 26616]]

operated and are not dominant in their fields, and governmental 
jurisdictions with populations of less than 50,000. The Coast Guard did 
not receive any comments from the Small Business Administration on this 
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a 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 final rule involves a 
non-substantive technical amendment. Therefore, this rule is 
categorically excluded under paragraph L54 in Table 3-1 of U.S. Coast 
Guard Environmental Planning Implementing Procedures 5090.1. Paragraph 
L54 pertains to regulations which are editorial or procedural.

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. Revise Sec.  165.754 to read as follows:


Sec.  165.754  Safety Zone; San Juan Harbor, San Juan, PR.

    (a) Regulated area. A moving safety zone is established in the 
following area:
    (1) The waters around liquefied gas (LG) carriers entering San Juan 
Harbor in an area one half mile around each vessel, beginning one mile 
north of the Bahia de San Juan Lighted Buoy #3, in approximate position 
18[deg]28'17.8'' N, 066[deg]07'36.4'' W and continuing until the vessel 
is moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or Wharf B 
in approximate position 18[deg]25'47'' N, 066[deg]6'32'' W. All 
coordinates are North American Datum 1983.
    (2) The waters around LG carriers in a 50-yard radius around each 
vessel when moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or 
Wharf B.
    (3) The waters around LG carriers departing San Juan Harbor in an 
area one half mile around each vessel beginning at the Puma Energy 
Dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position 
18[deg]25'47'' N, 066[deg]6'32'' W when the vessel gets underway, and 
continuing until the stern passes the Bahia de San Juan Lighted Buoy 
#3, in approximate position 18[deg]28'17.8'' N, 066[deg]07'36.4'' W. 
All coordinates referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit or 
remain in the safety zone unless authorized by the Captain of the Port 
(COTP), San Juan, Puerto Rico, or a designated Coast Guard 
commissioned, warrant, or petty officer. Those operating in the safety 
zone with the COTP's authorization must comply with all lawful orders 
or directions given to them by the COTP or his designated 
representative.
    (2) Persons desiring to transit the area of the safety zones may 
contact the COTP San Juan or his designated representative to seek 
permission to transit the area. If permission is granted, all persons 
and vessels must comply with the instructions of the COTP or his 
designated representative.

[[Page 26617]]

    (3) Vessels encountering emergencies, which require transit through 
the moving safety zone, should contact the Coast Guard patrol craft or 
Duty Officer on VHF Channel 16. In the event of an emergency, the Coast 
Guard patrol craft may authorize a vessel to transit through the safety 
zone with a Coast Guard designated escort.
    (4) The Captain of the Port and the Duty Officer at Sector San 
Juan, Puerto Rico, can be contacted at telephone number 787-289-2041. 
The Coast Guard Patrol Commander enforcing the safety zone can be 
contacted on VHF-FM channels 16 and 22A.
    (5) Coast Guard Sector San Juan will, when necessary and 
practicable, notify the maritime community of periods during which the 
safety zones will be in effect by providing advance notice of scheduled 
arrivals and departure of liquefied gas carriers via a Marine Broadcast 
Notice to Mariners.
    (6) All persons and vessels must comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of the requirements of this section, and other 
applicable laws.

    Dated: April 24, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-09162 Filed 5-4-20; 8:45 am]
 BILLING CODE 9110-04-P


