[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Rules and Regulations]
[Pages 7972-7974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02104]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0630]
RIN 1625-AA00


Safety Zone; Bahia de Ponce, Ponce, PR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanment safety zone for 
certain waters of Bahia de Ponce, Ponce, Puerto Rico. This action is 
necessary to provide for the safety of life on these navigable waters 
during ship-to-ship liquefied gas transfer operations between liquefied 
gas carriers. This rule will prohibit persons and vessels from being in 
the safety zone when activated unless authorized by the Captain of the 
Port San Juan or a designated representative.

DATES: This rule is effective March 5, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0630 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 Natallia Lopez, Sector San Juan Prevention 
Department, Waterways Management Division, U.S. Coast Guard; telephone 
787-729-2380, email <a href="/cdn-cgi/l/email-protection#99eaeaf3eeeef4d9eceafafeb7f4f0f5"><span class="__cf_email__" data-cfemail="d9aaaab3aeaeb499acaababef7b4b0b5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
PR Puerto Rico
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 20, 2020, New Fortress Energy requested to begin 
conducting ship-to-ship liquefied natural gas (LNG) transfer operations 
in a location approximately three nautical miles south of Ponce, Puerto 
Rico (PR). Coast Guard Sector San Juan engaged with local stakeholders 
and determined the proposed location could accommodate regular 
anchoring and ship-to-ship liquefied gas (LG) transfer operations 
between LG carriers. The Captain of the Port San Juan (COTP) has 
determined that potential hazards associated with ship-to-ship LG 
transfer operations between LG carriers would be a safety concern for 
anyone within 100-yards of the location of the transfer operations. In 
response, on December 1, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Safety Zone; Bahia de Ponce, Ponce, 
PR'' (85 FR 77093). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this fireworks 
display. During the comment period that ended December 31, 2020 we 
received no comments.

[[Page 7973]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with 
transfer operations between LG carriers would be a safety concern for 
anyone within 100-yards of the location of the transfer operations. The 
purpose of this rule is to ensure safety of vessels and the navigable 
waters in the safety zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM that published 
December 1, 2020. There are two changes in the regulatory text of this 
rule from the proposed rule in the NPRM. In Sec.  165.788(a), under 
``Regulated area'' the text stating, ``The waters around liquefied gas 
carriers conducting ship-to-ship liquefied natural gas transfer 
operations,'' is changed to, ``The waters around liquefied gas carriers 
conducting ship-to-ship liquefied gas transfer operations,'' removing 
the word ``natural.'' Sec.  165.788)(b)(4), under ``Regulations,'' the 
phrase ``liquefied natural gas'' is also changed to ``liquefied gas.''
    This rule establishes a permanent safety zone in certain waters of 
Bahia de Ponce, Ponce, PR where New Fortress Energy will be conducting 
ship-to-ship LNG transfer operations. These operations will be ongoing 
for the forseeable future. Accordingly, LG transfer operations will be 
held at various times on the waters of Bahia de Ponce, Ponce, PR.
    This rule establishes a 100-yard safety zone in a location 
approximately three nautical miles south of Ponce, PR, while LG 
transfer operations are being conducted. No vessel or person will be 
permitted to enter the safety zone when activated without obtaining 
permission from the COTP or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the permanent safety zone by 
contacting the Captain of the Port San Juan by VHF-FM radio on Channels 
16 and 22A, by calling Sector San Juan Command Center at (787) 289-
2041, or via email to <a href="/cdn-cgi/l/email-protection#82f1f1e8e1e1c2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="b4c7c7ded7d7f4c1c7d7d39ad9ddd8">[email protected]</span></a>. If authorization to enter, 
transit through, or remain in the zones during transfer operations at 
any time is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port San Juan 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration and restrictions of the safety zone. The safety zone 
required for these operations is 100 yards, making the safety zone 
limited in size. The safety zone is limited to a location approximately 
three nautical miles south of Ponce, PR, making the zone limited in 
location. Additionally, the safety zone will be enforced only while LG 
transfer operations are being conducted, making it limited in duration. 
Vessels will be permitted to enter the safety zone when ship-to-ship 
transfer operations are not being conducted, limiting the restrictions 
associated with the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the 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

[[Page 7974]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone during ship-to-ship liquefied transfer operations lasting 
approximately 24 hours that would prohibit entry within 100 yards of 
the location of the transfer operations. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.788 to read as follows:


Sec.  165.788   Safety Zone; Bahia de San Juan, Ponce, Puerto Rico.

    (a) Regulated area. A safety zone is established in the following 
area:
    The waters around liquefied gas carriers conducting ship-to-ship 
liquefied gas transfer operations in an area 100-yards around each 
vessel in the approximate position 17[deg]54'20'' N, 066[deg]35'6'' W. 
All coordinates are North American Datum 1983.
    (b) Regulations. (1) No person or vessel may enter, transit or 
remain in the safety zone unless authorized by the Captain of the Port, 
San Juan, Puerto Rico, or a designated Coast Guard commissioned, 
warrant, or petty officer. Those in the safety zone must comply with 
all lawful orders or directions given to them by the Captain of the 
Port or the designated Coast Guard commissioned, warrant, or petty 
officer.
    (2) Vessels encountering emergencies, which require transit through 
the 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.
    (3) The Captain of the Port and the Duty Officer at Sector San 
Juan, Puerto Rico, can be contacted at telephone number 787-289-2041. 
The Coast Guard Patrol Commander enforcing the safety zone can be 
contacted on VHF-FM channels 16 and 22A.
    (4) Coast Guard Sector San Juan will, when necessary and 
practicable, notify the maritime community of periods during which the 
safety zones will be in effect by providing advance notice of scheduled 
ship-to-ship liquefied gas transfer operations of liquefied gas 
carriers via a Marine Broadcast Notice to Mariners.
    (5) All persons and vessels must comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of the requirements of this section, and other 
applicable laws.

    Dated: January 25, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-02104 Filed 2-2-21; 8:45 am]
BILLING CODE 9110-04-P


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