Rule2023-28001
Safety Zone; Laguna de Lobina, Culebra, Puerto Rico
Primary source
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Published
December 20, 2023
Effective
December 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of Laguna de Lobina within a 50-yard radius of Culebra Bridge due to structural damage to the bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the damaged bridge. Entry of persons and vessels from into the safety zone is prohibited unless specifically authorized by the Captain of the Port San Juan or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87930-87932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28001]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0965]
RIN 1625-AA00
Safety Zone; Laguna de Lobina, Culebra, Puerto Rico
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Laguna de Lobina within a 50-yard radius of Culebra
Bridge due to structural damage to the bridge. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the damaged bridge. Entry of persons and
vessels from into the safety zone is prohibited unless specifically
authorized by the Captain of the Port San Juan or a designated
representative.
DATES: This temporary interim rule is effective without actual notice
from December 20, 2023, through February 12, 2024. For the purposes of
enforcement, actual notice will be used from December 14, 2023, until
December 20, 2023.
Comments and related material must reach the Coast Guard on or
before January 19, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0965 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.'' See section VI
of the SUPPLEMENTARY INFORMATION for information on public
participation and request for comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Carlos M. Ortega-Perez, Sector San
Juan Waterways Management Division, U.S. Coast Guard; telephone 787-
729-2380, email <a href="/cdn-cgi/l/email-protection#fab99b88969589d4b7d4b5888e9f9d9bd7aa9f889f80ba8f89999dd4979396"><span class="__cf_email__" data-cfemail="195a786b75766a375437566b6d7c7e7834497c6b7c63596c6a7a7e37747075">[email protected]</span></a>.
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 structural damaged is causing the
potential collapse of the Culebra Bridge. Due to this situation the
Culebra Bridge is temporary closed and immediate action is needed to
respond to the potential safety hazards associated with the bridge
structural condition. It is impracticable to publish an NPRM because we
must establish this safety zone by December 14, 2023. Therefore, we
lack sufficient time to provide a reasonable comment period and then to
consider those comments before issuing the rule.
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. Delaying the effective date of
this rule would be impracticable
[[Page 87931]]
because immediate action is needed to respond to the potential safety
hazards associated with potential collapsing of the Culebra Bridge.
We are soliciting comments on this rulemaking. If we determine that
changes to this rulemaking action are necessary, the Coast Guard will
consider comments received in a subsequent temporary final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Juan (COTP) has determined
that potential hazards associated with potential collapsing of the
Culebra Bridge starting December 14, 2023, will be a safety concern for
anyone within a 50-yard radius of bridge. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the bridge is being closed.
IV. Discussion of the Rule
This rule establishes a safety zone from December 14, 2023, while
the bridge is closed due to structural damage. The safety zone will
cover all navigable waters of the Laguna de Lobina within a 50-yard
radius of the Culebra Bridge. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the bridge is closed. 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on: (1) The safety of
personnel, vessels, and the marine environment from potential hazards
created by potential collapsing the bridge; (2) although persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone without authorization from the COTP or a designated
representative they may operate in the surrounding area during the
enforcement period.
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.
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 rule involves a
safety zone that will prohibit entry within 50-yard radius of the
Culebra Bridge. It is categorically excluded from further review under
paragraph L60(d) 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. We
[[Page 87932]]
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 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.
VI. 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-2023-0965 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 rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
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. Also, if you click on the Dockets tab and then the rule, you
should see a ``Subscribe'' option for email alerts. The option will
notify you when comments are posted, or a final rule is published.
We review all comments received, but we will only post comments
that address the topic of the 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 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, 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.T07-0965 to read as follows:
Sec. 165.T07-0965 Safety Zone; Culebra Bridge, Puerto Rico.
(a) Location. All waters of Laguna de Lobina and Ensenada Honda,
from surface to bottom, encompassed by 50-yard radius from Culebra
Bridge located at 18[deg]18'07'' N 65[deg]17'59'' W.
(b) Definitions. 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
Captain of the Port San Juan (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (787) 289-2041, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP San Juan or
a designated representative. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative
(d) Enforcement period. This section will be enforced from December
14, 2023, until February 12, 2024.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2023-28001 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.