Proposed Rule2023-12642
Safety Zone; Heavy Weather and Natural or Other Disasters in San Juan Captain of the Port Zone, San Juan, Puerto Rico
Primary source
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Published
June 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 113 (Tuesday, June 13, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#1f5c7e6d73706c315231506d6b7a787e324f7a6d7a655f6a6c7c7831727673"><span class="__cf_email__" data-cfemail="87c4e6f5ebe8f4a9caa9c8f5f3e2e0e6aad7e2f5e2fdc7f2f4e4e0a9eaeeeb">[email protected]</span></a>.
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 <a href="https://homeport.uscg.mil/port-directory/san-juan">https://homeport.uscg.mil/port-directory/san-juan</a>, 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 <a href="https://homeport.uscg.mil/port-directory/san-juan">https://homeport.uscg.mil/port-directory/san-juan</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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