[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48278-48281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19851]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0686]
RIN 1625-AA00


Safety Zone; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within an area of one half mile around each Liquefied 
Gas carrier entering and departing San Juan Harbor and a 50-yard radius 
around each vessel when moored at the Puma Energy dock, Cata[ntilde]o 
Oil dock, or Wharf B. This safety zone is needed to protect personnel, 
transiting vessels, and Liquefied Gas carriers. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port San Juan or his designated representative.

DATES: This rule is effective without actual notice from September 13, 
2019 until 11:59 p.m. on November 15, 2019. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. on August 25, 
2019 September 13, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0686 using the Federal eRulemaking 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 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
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The existing regulation in 33 CFR 165.754, contains a moving safety 
zone around transiting Liquefied Petroleum (LPG) carriers en route to, 
or departing from, the Gulf Refinery Oil dock or the Cata[ntilde]o Oil 
dock. On December 12, 2017, the Coast Guard received a request to 
assess the waterway suitability of transiting and semi-permanently 
moored liquefied natural gas (LNG) carriers within the San Juan Harbor. 
On September 26, 2018, the Coast Guard determined the Port of San Juan 
could accommodate the safe navigation and mooring of LNG carriers 
within the San Juan Harbor. On July 26, 2019, U.S Coast Guard Sector 
San Juan and New Fortress Energy held two public meetings in San Juan, 
Puerto Rico. There were approximately 50 attendees and 20 comments 
received. The public meetings' summary and comments have been added to 
this docket number.
    Due to their highly volatile cargoes, size, draft, and the local 
channel restrictions, LPG carrier require use of the center of these 
channels for safe navigation. The COTP San Juan has determined that 
potential hazards associated with LNG carriers would be a safety 
concern for anyone within 50-yards of these carriers. The purpose of 
this rule is to ensure the safety of vessels and the navigable waters 
within a 50-yard radius of LNG and LPG carriers transiting San Juan 
Harbor. The temporary final rule would safeguard vessels at an adjacent 
berthing location, Puerto Nuevo Berth B, which supplies LNG to the 
Puerto Rico Electric Power Authority (PREPA) and other industrial 
sectors.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the

[[Page 48279]]

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) 
because immediate action is needed to safeguard incoming, moored, and 
outgoing LNG carriers within San Juan Harbor, San Juan, Puerto Rico.
    Under 33 CFR 165.754, the Coast Guard has an existing safety zone 
in effect for this area but for only LPG carriers. The Coast Guard did 
not receive sufficient information regarding the transit of LNG with 
sufficient time to publish an additional NPRM and receive public 
comment in order to complete the rulemaking process. Delay in 
promulgating this rule would be impracticable and contrary to public 
interest because a safety zone is required to safeguard the first LNG 
carrier expected to arrive in San Juan, Puerto Rico on August 25, 2019.
    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 for the same reasons discussed 
above.
    We note that the Coast Guard is in the process of publishing an 
NPRM proposing to revise the existing safety zone for LPG carriers in 
Sec.  165.754 to include LNG carriers.

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 (COTP) San 
Juan has determined that the LNG carrier expected to arrive on August 
25, 2019 will be a safety concern for anyone within a one-half mile 
during its transit entering and departing San Juan Harbor and within a 
50-yard radius when the vessel is moored. This rule is needed to ensure 
the safety of 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 12:01 a.m. on August 25, 
2019 until 11:59 p.m. on November 15, 2019. The safety zone will cover 
all navigable waters one half mile around each Liquefied Gas carrier 
entering and departing San Juan Harbor and a 50-yard radius around each 
vessel when moored. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.
    If authorization to enter, transit through, anchor in, or remain 
within the safety zone is granted by the COTP San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the COTP San Juan or a designated 
representative. The Coast Guard will provide notice of the safety zone 
through Local Notice to Mariners, Broadcast Notice to Mariners via VHF-
FM marine channel 16, and designated on-scene representatives.

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 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.
    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 San Juan Harbor. 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 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.

[[Page 48280]]

    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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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 
Directive 023-01 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 lasting 36 days that will 
prohibit entry within one half mile around each Liquefied Gas carrier 
entering and departing San Juan Harbor and a 50-yard radius around each 
vessel when moored. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the NPRM to modify the San Juan Harbor, San Juan, Puerto 
Rico safety zone is properly proposed and implemented. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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 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: 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.T07-0686 to read as follows:


Sec.  165.T07-0686  Safety Zone; San Juan Harbor, San Juan, PR.

    (a) Location. A moving safety zone is established in the following 
area:
    (1) The waters around Liquefied Gas carriers entering San Juan 
Harbor in an area one half mile around each vessel, beginning one mile 
north of the San Juan Harbor #1 Sea Buoy, in approximate position 18-
29.3N, 66-07.6W and continuing until the vessel is moored at the Puma 
Energy dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position 
18-25.8N, 66-06.5W. 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 Puma Energy dock, Cata[ntilde]o 
Oil dock, or Wharf B.
    (3) The waters around Liquefied Gas 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 18-25.8N, 66-06.5W when the vessel gets underway, and 
continuing until the stern passes the San Juan Harbor #1 Sea Buoy, in 
approximate position 18-28.3N, 66-07.6W. All coordinates referenced use 
datum: NAD 83.
    (b) Definition. As used in this section, the term ``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 Captain of the Port (COTP) San Juan in the enforcement of 
the safety zone.
    (c) Regulations. (1) No person or vessel may enter, transit, or 
remain in the safety zone unless authorized by the COTP San Juan, 
Puerto Rico, or a designated Coast Guard commissioned, warrant, or 
petty officer. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the designated Coast 
Guard commissioned, warrant, or petty officer.
    (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.
    (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 COTP 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) 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.
    (d) Notification. The zone described in paragraphs (a)(1) through 
(3) of this section will be activated upon entry of an LNG carrier into 
the navigable waters of the United States in the San Juan Captain of 
the Port Zone. An LNG carrier will be identifiable by the requirement 
to fly the Bravo flag (red international signal flag under Pub. 102, 
International Code of Signals) from the outermost halyard (above the 
pilot house) where it can most easily be seen. In addition to visual 
identification of an LNG carrier, Coast Guard Sector San Juan will give 
notice through Mariners Broadcast Notice to Mariners for the purpose of 
enforcement of the temporary safety zone.
    (e) Effective period. This rule is effective from 12:01 a.m. on 
August 25,

[[Page 48281]]

2019 through 11:59 p.m. on November 15, 2019.

    Dated: August 23, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-19851 Filed 9-12-19; 8:45 am]
 BILLING CODE 9110-04-P


