[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35801-35808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14077]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0285]
RIN 1625-AA00, 1625-AA87
Safety and Security Zones, San Juan Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; notice of meeting.
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SUMMARY: The Coast Guard proposes to modify several aspects of the
safety and security zones within the Sector San Juan Captain of the
Port Zone. This action is necessary to consolidate, clarify, and
otherwise modify safety and security zone regulations to eliminate
unnecessary regulations and better meet the safety and security needs
of the Puerto Rico and U. S. Virgin Island port communities. This
action would modify existing safety zones; consolidate safety and
security zones currently found in separate regulations into four
regional regulations; and add and remove safety and security zones.
Additionally, safety zones governing port closures in the event of a
natural and other disasters have been added.
DATES: Comments and related material must be received by the Coast
Guard on or before September 12, 2013.
A Public meeting will be held on August 1, 2013 at 9:00 a.m. at
USCG Sector San Juan.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Jose Perez, Sector San Juan
Prevention Department, U.S. Coast Guard; telephone (787) 729-2374,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
The address for Sector San Juan is 5 Calle La Puntilla, San Juan,
Puerto Rico, 00901.
The address of MSD St. Thomas is 1 King Wharf Waterfront, St.
Thomas, VI 00804.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSD Marine Safety Detachment
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://
[[Page 35802]]
www.regulations.gov and will include any personal information you have
provided.
1. Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2013-0285 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2013-0285 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We plan to hold a public meeting on August 1, 2013 at 9:00 a.m. at
USCG Sector San Juan and on August 8, 2013 at 9:00 a.m. at MSD St.
Thomas. We plan to post the minutes of this meeting in the docket. For
information on facilities or services for individuals with disabilities
or to request special assistance at the public meeting, contact the
person named in the FOR FURTHER INFORMATION CONTACT section, above.
B. Regulatory History and Information
Between 1998 and 2009 the USCG has published 11 regulations
regarding safety and security zones within the Sector San Juan Area of
Responsibility (AOR). These 11 regulations are currently: 33 CFR
165.754 Safety Zone: San Juan Harbor, San Juan, PR; 33 CFR 165.755
Safety Zone; Guayanilla, Puerto Rico; 33 CFR 165.757 Safety Zones;
Ports of Ponce, Tallaboa, and Guayanilla, Puerto Rico and Limetree Bay,
St. Croix, U.S.V.I.; 33 CFR 165.758 Security Zone; San Juan, Puerto
Rico; 33 CFR 165.762 Security Zone; St. Thomas, U.S. Virgin Islands; 33
CFR 165.763 Moving and Fixed Security Zone, Port of Fredericksted,
Saint Croix, U.S. Virgin Islands; 33 CFR 165.766 Security Zone: HOVENSA
Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.770 Security Zone:
HOVENSA Refinery, St. Croix, U.S. Virgin Islands; 33 CFR 165.771 Safety
Zone; Bahia de Ponce, Puerto Rico; 33 CFR 165.776 Security Zone; Coast
Guard Base San Juan, San Juan Harbor, Puerto Rico; and 33 CFR 165.778
Security Zone; Port of Mayaguez, Puerto Rico. The regulations as they
are currently drafted are repetitive, disorganized, and some are
unnecessary. This regulation change will reorganize the current
regulations into regional regulations, remove unneeded regulations
(e.g. a permanent security zone around an oil terminal), add safety
zone regulations regarding port closures in times of natural and other
disasters, and safety zones for fireworks displays.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of the regulation is to reorganize the regulations into
four regional areas, harmonize the regulations within the Sector San
Juan AOR, remove unnecessary regulations, and add regulations regarding
port closures in the event of natural and other disasters and safety
zones for firework barges.
D. Discussion of Proposed Rule
The main change of the regulations is the consolidation of 11
existing regulations into four regional regulations and a natural and
other disasters safety zone. The consolidated regulation would be
published as 33 CFR 165.754 for the North Coast of Puerto Rico; 33 CFR
165.755 for the South Coast of Puerto Rico; 33 CFR 165.757 for St.
Thomas; 33 CFR 165.758 for St. Croix; and 33 CFR 165.762 Natural and
Other Disasters Safety Zone for Sector San Juan COTP Zone.
Safety and Security Zones; North Coast of Puerto Rico (33 CFR
165.754) would combine the regulations set forth in the current 33 CFR
165.754, 33 CFR 165.758, and 33 CFR 165.776. This new regulation would
not alter the security zone for the Coast Guard Base and cruise ships.
However, the moving safety zone for Liquefied Hazardous Gas (LHG) would
be altered from the existing distance of .5 NM to 100 yards to align
with the rest of the LHG safety zones in the AOR, and also it will add
a fixed 50 yard safety zone around the vessel at all times while the
vessel is moored. Additionally, a safety zone for certain vessels and
firework barges would be added, establishing at all times a safety zone
around vessels that pose a higher risk of injury to people or property
without publishing Temporary Final Rules for each individual event,
which often are done with minimal notice to the public.
Safety and Security Zones; South Coast of Puerto Rico (33 CFR
165.755) would combine the regulations set forth in the current 33 CFR
165.755, 33 CFR 165.778, and the parts of 33 CFR 165.757 that regulate
Guayanilla, Tallaboa, and Ponce. This new regulation would not alter
the security zone for cruise ships. The safety zone for LHG while the
vessel is transiting will remain unaltered, however a fixed 50-yard
security zone would be added around the vessel at all times while the
vessel is moored. Additionally, a safety
[[Page 35803]]
zone for certain vessels and firework barges would be added,
establishing at all times a safety zone around these vessels that pose
a higher risk of injury to people or property without necessitating
publication of a Temporary Final Rules for each individual event, which
often are done with minimal notice to the public.
Safety and Security Zones; St. Croix, USVI (33 CFR 165.757) would
combine the regulations set forth in the current 33 CFR 165.763 and the
parts of 33 CFR 165.757 that regulate Limetree Bay. This new regulation
would not alter the security zone for cruise ships. The safety zone for
LHG while the vessel is moving will remain unaltered, however a fixed
50 yard security zone would be added around the vessel at all times
while the vessel is moored. Additionally, a safety zone for certain
vessels and firework barges would be added, establishing at all times a
safety zone around these vessels that pose a higher risk of injury to
people or property without necessitating publication of a Temporary
Final Rule for each individual event, which are often done with minimal
notice to the public.
Safety and Security Zones; St. Thomas, USVI (33 CFR 165.758) would
include the regulations set forth in the current 33 CFR 165.762. This
new regulation would not alter the security zone for cruise ships.
However, a safety zone for certain vessels and firework barges would be
added, establishing at all times a safety zone around these vessels
that pose a higher risk of injury to people or property without
necessitating publication of Temporary Final Rules for each individual
event, which are often done with minimal notice to the public. Three
safety zones for reoccurring firework displays will be added to this
regulation.
Safety Zone; Sector San Juan COTP Zone Natural and Other Disasters
Port Closure (33 CFR 165.762) would be added to provide the legal
jurisdiction to close a ports affected by natural and other disasters.
In the past, temporary regulations regarding port closures have been
published after natural and other disasters; however, publishing this
notice in a permanent regulation provides better advance notice to the
public regarding when port closures should be expected to occur, and
would only require publication of a Notice of Enforcement during the
storm itself, increasing efficiency and reducing the workload to the
Coast Guard. There will be no change in the manner in which the public
is notified by the Coast Guard of a port closure.
Disestablishment of the following regulations: the current 33 CFR
165.766 and 33 CFR 165.770. Both of these regulations are for the
permanent security zone around HOVENSA refinery; however, this facility
is no longer operating as a refinery and is now only an oil terminal.
Even if the refinery were to become operational again, disestablishment
of the security zone would not stop the refinery from becoming
operational again. Similarly, the disestablishment of the current 33
CFR 165.771, the regulation for a safety zone around an LNG vessel
transiting into Ponce, PR is unnecessary. This regulation is not needed
as only two LNG vessels have entered Ponce, PR in recent history. Also,
the proposed regulations concerning ``certain vessels'' will allow for
the establishment of a safety zone if LNG vessels frequent Ponce, PR in
the future.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This regulation is not
significant regulatory action because most of the proposed regulations
already exist in some form; such as natural and other disasters safety
zones as a temporary final rule for each individual natural or other
disasters, security zones around cruise ships, safety zones around LHG
vessels, and firework safety zones. The regulations that are being
added are not expected to have a significant regulatory action due to
the infrequency of use for the new moving safety zones around certain
vessels. The addition of the safety zone regarding moored LHG vessels
should not have a significant effect because it is not anticipated to
impede any other commercial traffic. The removal of the LHG safety zone
for Ponce would have no effect as it has not been used since it was
published.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
These safety and security zones would not have a significant
economic impact on a substantial number of small entities for the
reasons discussed in the Regulatory Evaluation section above.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.
3. Assistance for Small Entities
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 rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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
determined that this rule does not have implications for Federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your
[[Page 35804]]
message can be received without jeopardizing the safety or security of
people, places or vessels.
7. 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 expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (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 proposed rule involves amending,
reorganization, and republication of existing safety and security zones
around specific vessels of less than a week in duration and the
addition of port closures that would be otherwise published as TFR.
This rule will be categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be 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 rule.
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 proposes
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Revise Sec. 165.754 to read as follows:
Sec. 165.754 Safety and Security Zones; North Coast of Puerto Rico
(a) Location. All coordinates referenced use datum: NAD 83. The
following areas are established as a safety zones during the specified
conditions:
(1) Safety Zone around Liquefied Hazardous Gas (LHG) vessels.
(i) All waters of the Atlantic Ocean within a 100 yard radius
surrounding all LHG vessels with product aboard while transiting south
of Latitude 18[deg]29.5' N on approach to or departing from Port of San
Juan, Puerto Rico. The safety zone remains in effect until the LHG
vessel is moored or anchored.
(ii) All waters of San Juan Harbor within a 50-yard radius
surrounding all LHG vessels while the vessel is moored or anchored with
product aboard or is transferring LHG within the waters of Port of San
Juan, Puerto Rico.
(2) Security Zone around Cruise Ships.
(i) All waters of the Atlantic Ocean within a 50-yard radius
surrounding all cruise ships while transiting south of Latitude
18[deg]29.5' N on approach to or departing from Port of San Juan,
Puerto Rico. The safety zone remains in effect until the cruise ship is
moored or anchored.
(ii) All waters of San Juan Harbor within a 50-yard radius
surrounding all cruise ships while the vessel is moored or anchored
within the Port of San Juan, Puerto Rico.
(3) Safety Zone around Certain vessels.
(i) All waters of the Atlantic Ocean within a 100-yard radius
surrounding certain vessel while transiting within 1 NM from the port
entrance on approach to or departing from the Ports of Fajardo, San
Juan, or Arecibo, Puerto Rico. The safety zone remains in effect until
the vessel is moored or anchored.
(ii) All waters within a 100 yard radius surrounding certain vessel
while the vessel is moored or anchored within the waters of Ports of
Fajardo, San Juan, or Arecibo, Puerto Rico.
(4) Security Zone around Coast Guard Base San Juan. All waters of
San Juan Harbor encompassed by an imaginary line connecting the
following points: starting at Point 1 in position 18[deg]27.65' N,
066[deg]06.93' W; thence east to Point 2 in position 18[deg]27.65' N,
066[deg]06.87' W; thence south to Point 3 in position 18[deg]27.58' N,
066[deg]06.93' W; thence southwest to Point 4 in position 18[deg]27.5'
N, 066[deg]06.98' W; thence northeast to Point 5 in position
18[deg]27.42' N, 066[deg]07.12' W; thence north to Point 6 in position
18[deg]27.77' N, 066[deg]07.17' W; thence northwest to Point 7 in
position 18[deg]27.77' N, 066[deg]07.12' W; and thence following the
coastline back to the origin.
(5) Safety Zone around Firework Displays. All waters within the San
Juan COTP Zone within a 1,000 foot radius of a firework barge. The
Coast Guard realizes that some large scale events, such as those with
many participants or spectators, or those that could severely
[[Page 35805]]
restrict navigation or pose a significant hazard, may still require
separate special local regulations or safety zones that address the
specific peculiarities of the event. In those situations, the Coast
Guard will create special local regulations or safety zones
specifically for the event, and those regulations will supersede the
proposed regulations in this rule.
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port of
San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
(3) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety and security zones will
be in effect by providing advance notice of scheduled arrivals and
departures of vessels via a broadcast notice to mariners.
(c) Definitions.
(1) Cruise ship. For the purposes of this section, Cruise ship
means a passenger vessel greater than 100 feet in length that is
authorized to carry more than 150 passengers for hire, except for a
ferry.
(2) Certain vessel. For the purposes of this section, ``certain
vessel'' means any vessel within 3 nautical miles of U.S. Territorial
Waters and bound for a port listed in paragraph (a)(3) that is deemed
to be in need of a moving safety zone by the Captain of the Port, San
Juan for safety reasons. In making this determination, the Captain of
the Port considers all relevant safety factors, including but not
limited to the presence of unusually harmful or hazardous substances
and the risk to population or infrastructure.
(3) Designated representative. For the purposes of this section,
designated representative means Coast Guard Patrol Commanders including
Coast Guard coxswains, petty officers and other officers operating
Coast Guard vessels and federal, state, and local officers designated
by or assisting the Captain of the Port San Juan in the enforcement of
the security zone.
(4) Vessel. For the purposes of this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug
boats.
(5) LHG. For the purposes of this section, LHG means all cargos
regulated under 33 CFR part 127 to include LNG.
0
3. Revise Sec. 165.755 to read as follows:
Sec. 165.755 Safety and Security Zones; South Coast of Puerto Rico
(a) Location. All coordinates referenced use datum: NAD 83. The
following areas are established as a safety zones during the specified
conditions:
(1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels.
(i) Port of Tallaboa, Puerto Rico. (A) All waters of the Caribbean
Sea within a 100 yard radius surrounding all LHG vessels with product
aboard while transiting north of Latitude 17[deg]56.0' N on approach to
or departing from the Port of Tallaboa, Puerto Rico. The safety zone
remains in effect until the LHG vessel is moored.
(B) All waters of Bahia de Tallaboa within a 50-yard radius
surrounding all LHG vessels while the vessel is moored or anchored with
product aboard or is transferring LHG within the Port of Tallaboa,
Puerto Rico.
(ii) Port of Guayanilla, Puerto Rico. (A) All waters of the
Caribbean Sea within a 100-yard radius surrounding all LHG vessels
around with product aboard while transiting north of Latitude
17[deg]57.0' N in the waters of the Caribbean Sea on approach to or
departing from the Port of Guayanilla, Puerto Rico. The safety zone
remains in effect until the LHG vessel is moored.
(B) All waters of Bahia de Guayanilla within a 50-yard radius
surrounding all LHG vessels while the vessel is moored or anchored with
product aboard or is transferring LHG within the Port of Guayanilla,
Puerto Rico.
(2) Security Zone around Cruise Ships.
(i) All waters of the Caribbean Sea within a 50 yard radius
surrounding all cruise ships while transiting east of Longitude
067[deg]11.5' W on approach to or departing from Port of Mayaguez,
Puerto Rico. The safety zone remains in effect until the cruise ship is
moored or anchored.
(ii) All waters of Bahia de Mayaguez within a 50 yard radius
surrounding all cruise ships while the vessel is moored or anchored
within the Port of Mayaguez, Puerto Rico.
(3) Safety Zone around Certain Vessels.
(i) All waters of the Caribbean Sea within a 100 yard radius
surrounding certain vessel while transiting within 1 NM from the port
entrance on approach to or departing from the Ports of Yabucoa,
Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and Guanica,
Puerto Rico. The safety zone remains in effect until the vessel is
moored or anchored.
(ii) All waters within a 100 yard radius surrounding certain vessel
while the vessel is moored or anchored within the waters of Ports of
Yabucoa, Guayanilla, Guayama, Ponce, Tallaboa, Mayaguez, Salinas and
Guanica, Puerto Rico.
(4) Safety Zone zone around Firework Displays. All waters with the
San Juan COTP Zone within a 1000 foot radius of a firework barge. The
Coast Guard realizes that some large scale events, such as those with
many participants or spectators, or those that could severely restrict
navigation or pose a significant hazard, may still require separate
special local regulations or safety zones that address the specific
peculiarities of the event. In those situations, the Coast Guard will
create special local regulations or safety zones specifically for the
event, and those regulations will supersede the proposed regulations in
this rule.
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port of
San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
(3) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety and security zones will
be in effect by providing advance notice of scheduled arrivals and
departures of vessels via a broadcast notice to mariners.
(c) Definitions.
(1) Cruise ship. For the purposes of this section, Cruise ship
means a passenger vessel greater than 100 feet in length that is
authorized to carry more than 150 passengers for hire, except for a
ferry.
(2) Certain vessel. For the purposes of this section, certain
vessel means any vessel within the 3 nautical miles of U.S. Territorial
Waters and bound for the listed ports in (a)(3) that is deemed to be in
need of a moving safety zone by the Captain of the Port, San Juan for
[[Page 35806]]
safety reasons. In making this determination, the Captain of the Port
considers all relevant safety factors, including but not limited to the
presence of unusually harmful or hazardous substances and the risk to
population or infrastructure.
(3) Designated representative. For the purposes of this section,
designated representative means Coast Guard Patrol Commanders including
Coast Guard coxswains, petty officers and other officers operating
Coast Guard vessels and federal, state, and local officers designated
by or assisting the Captain of the Port San Juan in the enforcement of
the security zone.
(4) Vessel. For the purposes of this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug
boats.
(5) LHG. For the purposes of this section, LHG means all cargos
regulated under 33 CFR part 127 to include LNG.
(d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
0
4. Revise Sec. 165.757 to read as follows:
Sec. 165.757 Safety and Security Zones; St. Croix, USVI.
(a) Location. All coordinates referenced use datum: NAD 83. The
following areas are established as a safety zones during the specified
conditions:
(1) Safety Zone around Liquefied Hazardous Gas (LHG) Vessels.
(i) All waters of the Caribbean Sea within a 100 yard radius
surrounding all LHG vessels with product aboard while transiting north
of Latitude 17[deg]39.0' N on approach to or departing from the Port of
Limetree Bay, Saint Croix, U.S. Virgin Islands.
(ii) All waters of Limetree Bay within a 50-yard radius surrounding
all LHG vessels while the vessel is docked with product aboard or is
transferring LHG within the waters of the Port of Limetree Bay, Saint
Croix, U.S. Virgin Islands.
(2) Security Zone around Cruise Ships.
(i) All waters of the Caribbean Sea within a 50 yard radius
surrounding all cruise ships while transiting east of Longitude
064[deg]54.5' W on approach to or departing from Port of Fredericksted,
Saint Croix, U.S. Virgin Islands. The safety zone remains in effect
until the cruise ship is moored or anchored.
(ii) All waters of the Caribbean Sea within a 50 yard radius
surrounding all cruise ships while the vessel is moored or anchored
within the Port of Fredericksted, Saint Croix, U.S. Virgin Islands.
(3) Safety Zone around Certain Vessels.
(i) All waters of the Caribbean Sea within a 100 yard radius
surrounding certain vessels while transiting within 1 NM from the port
entrance on approach to or departing from the Ports of Frederiksted,
Limetree Bay, Krause Lagoon, and Christiansted, Saint Croix, U.S.
Virgin Islands. The safety zone remains in effect until the vessel is
moored or anchored.
(ii) All waters within a 100 yard radius surrounding certain
vessels while the vessel is moored or anchored within the waters of
Ports of Frederiksted, Limetree Bay, Krause Lagoon, and Christiansted,
Saint Croix, U.S. Virgin Islands.
(4) Safety Zone around Firework Displays. All waters within the San
Juan COTP Zone within a 1000 foot radius of a firework barge. The Coast
Guard realizes that some large scale events, such as those with many
participants or spectators, or those that could severely restrict
navigation or pose a significant hazard, may still require separate
special local regulations or safety zones that address the specific
peculiarities of the event. In those situations, the Coast Guard will
create special local regulations or safety zones specifically for the
event, and those regulations will supersede the proposed regulations in
this rule.
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port of
San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
(3) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety and security zones will
be in effect by providing advance notice of scheduled arrivals and
departures of vessels via a broadcast notice to mariners.
(c) Definition.
(1) Cruise ship. For the purposes of this section, Cruise ship
means a passenger vessel greater than 100 feet in length that is
authorized to carry more than 150 passengers for hire, except for a
ferry.
(2) Certain vessel. For the purposes of this section, certain
vessel means any vessel within the 3 nautical mile U.S. Territorial
Waters and bound for the listed ports in (a)(3) that is deemed to be in
need of a moving safety zone by the Captain of the Port, San Juan for
safety reasons. In making this determination, the Captain of the Port
considers all relevant safety factors, including but not limited to the
presence of unusually harmful or hazardous substances and the risk to
population or infrastructure.
(3) Designated representative. For the purposes of this section,
designated representative means Coast Guard Patrol Commanders including
Coast Guard coxswains, petty officers and other officers operating
Coast Guard vessels and federal, state, and local officers designated
by or assisting the Captain of the Port San Juan in the enforcement of
the security zone.
(4) Vessel. For the purposes of this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug
boats.
(5) LHG. For the purposes of this section, LHG means all cargos
regulated under 33 CFR part 127 to include LNG.
5. Revise Sec. 165.758 to read as follows:
Sec. 165.758 Safety and Security Zones; St. Thomas, USVI.
(a) Location. All coordinates referenced use datum: NAD 83. The
following areas are established as a safety zones during the specified
conditions:
(1) Security Zone around Cruise Ships.
(i) All waters of the Caribbean Sea within a 50 yard radius
surrounding all cruise ships while transiting north of Latitude
18[deg]18.0' N on approach to or departing from Port of St. Thomas,
Saint Thomas, U.S. Virgin Islands. The safety zone remains in effect
until the cruise ship is moored or anchored.
(ii) All waters of St. Thomas Harbor within a 50 yard radius
surrounding all cruise ships while the vessel is moored or anchored
within the Port of St. Thomas, Saint Thomas, U.S. Virgin Islands.
(2) Safety Zone around Certain Vessels.
(i) All waters of the Caribbean Sea within a 100 yard radius
surrounding certain vessel while transiting within 1 NM from the port
entrance on approach to or departing from the Ports of Charlotte
Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin Islands.
[[Page 35807]]
The safety zone remains in effect until the vessel is moored or
anchored.
(ii) All waters within a 100 yard radius surrounding certain vessel
while the vessel is moored or anchored within the waters of Ports of
Charlotte Amalie, Red Hook and Cruz Bay, Saint Thomas, U.S. Virgin
Islands.
(3) Safety Zone around Firework Displays.
(i) St. John: 4th of July Firework Display. All waters of the Cruz
Bay within a 200 yards radius centered on the position 18[deg]19.92' N,
064[deg]48.1' W on the 4th of July.
(ii) St. Thomas: V. I. Carnival Finale. All waters of St. Thomas
Harbor within an 800 foot radius centered on the position
18[deg]20.200' N, 64[deg]55.200' W during the week of Carnival.
(iii) St. Thomas: Yatch Haven New Years Eve Celebrations. All
waters of St. Thomas Harbor within an 800 foot radius centered on the
position 18[deg]20.160' N, 64[deg]55.492' W on New Year's Eve.
(iv) All waters within the San Juan COTP Zone within a 1000 foot
radius of a firework barge not otherwise specified in this paragraph.
The Coast Guard realizes that some large scale events, such as those
with many participants or spectators, or those that could severely
restrict navigation or pose a significant hazard, may still require
separate special local regulations or safety zones that address the
specific peculiarities of the event. In those situations, the Coast
Guard will create special local regulations or safety zones
specifically for the event, and those regulations will supersede the
proposed regulations in this rule.
(b) Regulations.
(1) Under general regulations in Sec. 165.33 of this part,
entering, anchoring, mooring or transiting in these zones is prohibited
unless authorized by the Coast Guard Captain of the Port of San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
(3) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety and security zones will
be in effect by providing advance notice of scheduled arrivals and
departures of vessels via a broadcast notice to mariners.
(c) Definition.
(1) Cruise ship. For the purposes of this section, Cruise ship
means a passenger vessel greater than 100 feet in length that is
authorized to carry more than 150 passengers for hire, except for a
ferry.
(2) Certain vessel. For the purposes of this section, certain
vessel means any vessel within the 3 nautical mile U.S. Territorial
Waters and bound for the listed ports in (a)(2) that is deemed to be in
need of a moving safety zone by the Captain of the Port San Juan for
safety reasons. In making this determination, the Captain of the Port
considers all relevant safety factors, including but not limited to the
presence of unusually harmful or hazardous substances and the risk to
population or infrastructure.
(3) Designated representative. For the purposes of this section,
designated representative means Coast Guard Patrol Commanders including
Coast Guard coxswains, petty officers and other officers operating
Coast Guard vessels and federal, state, and local officers designated
by or assisting the Captain of the Port San Juan in the enforcement of
the security zone.
(4) Vessel. For the purposes of this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. Naval vessels and servicing pilot and tug
boats.
(5) LHG. For the purposes of this section, LHG means all cargos
regulated under 33 CFR part 127 to include LNG.
0
6. Revise Sec. 165.762 to read as follows:
Sec. 165.762 Safety Zone; Sector San Juan COTP Zone Natural and Other
Disasters Port Closure
(a) Regulated Areas. The following regulated areas are safety
zones:
(1) St. Thomas and St. John, USVI. All waters of the Atlantic Ocean
and Caribbean Sea surrounding St. Thomas, USVI and St. John, USVI
encompassed within an imaginary line connecting the following points:
starting at point 1 in position 18[deg]24.380' N, 65[deg]04.960' W;
thence east to point 2 in position 18[deg]25.162' N, 64[deg]53.774' W;
thence southeast to point 3 in position 18[deg]22.386' N,
64[deg]51.302' W; thence east to point 4 in position 18[deg]22.601' N,
64[deg]45.061' W; thence east to point 5 in position 18[deg]21.311' N,
64[deg]38.799' W; thence south to point 6 in position 18[deg]18.045' N,
64[deg]39.087' W; thence west to point 7 in position 18[deg]17.184' N,
64[deg]47.265' W; thence southwest to point 8 in position
18[deg]15.776' N, 64[deg]53.733' W; thence west to point 9 in position
18[deg]16.676' N, 65[deg]06.093' W; thence north back to the origin.
(2) St. Croix, USVI. All waters of the Caribbean Sea surrounding
St. Croix, USVI encompassed within an imaginary line connecting the
following points: starting at point 1 in position 17[deg]46.979' N,
64[deg]55.093' W; thence east to point 2 in position 17[deg]49.040' N,
64[deg]34.947' W; thence southeast to point 3 in position
17[deg]44.176' N, 64[deg]33.947' W; thence southwest to point 4 in
position 17[deg]39.701' N, 64[deg]43.763' W; thence west to point 5 in
position 17[deg]38.681' N, 64[deg]54.846' W; thence north back to
origin.
(3) Culebra, PR. All waters of the Atlantic Ocean surrounding
Culebra, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]22.901' N,
65[deg]22.988' W; thence east to point 2 in position 18[deg]20.704' N,
65[deg]12.968' W; thence southeast to point 3 in position
18[deg]15.416' N, 65[deg]11.282' W; thence southwest to point 4 in
position 18[deg]14.321' N, 65[deg]13.228' W; thence west to point 5 in
position 18[deg]19.785' N, 65[deg]24.721' W; thence northeast back to
origin.
(4) Vieques, PR. All waters of the Caribbean Sea surrounding
Vieques, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]05.622' N,
65[deg]35.782' W; thence east southeast to point 2 in position
18[deg]03.349' N, 65[deg]30.569' W; thence east northeast to point 3 in
position 18[deg]07.076' N, 65[deg]14.739' W; thence north to point 4 in
position 18[deg]10.230' N, 65[deg]14.970' W; thence west to point 5 in
position 18[deg]11.113' N, 65[deg]29.510' W; thence west southwest to
point 6 in position 18[deg]09.140' N, 65[deg]34.452' W; thence south
back to the origin.
(5) Arecibo, PR. All waters of the Atlantic Ocean surrounding
Arecibo, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]28.577' N,
66[deg]44.834' W; thence north to point 2 in position 18[deg]29.939' N,
66[deg]44.834' W; thence east to point 3 in position 18[deg]29.939' N,
66[deg]41.644' W; thence south to point 4 in position 18[deg]28.865' N,
66[deg]41.644' W; thence following the coastline back to origin.
(6) San Juan, PR. All waters of the Atlantic Ocean surrounding San
Juan Harbor, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]28.511' N,
66[deg]08.370' W; thence north to point 2 in position 18[deg]29.430' N,
66[deg]08.370' W; thence east to point 3 in position 18[deg]29.430' N,
66[deg]07.503' W; thence south to point 4 in position
[[Page 35808]]
18[deg]28.336' N, 66[deg]07.503' W; thence following the coastline back
to origin.
(7) Fajardo, PR. All waters of the Atlantic Ocean surrounding
Fajardo, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]21.311' N,
65[deg]36.597' W; thence east to point 2 in position 18[deg]21.103' N,
65[deg]36.855' W; thence south to point 3 in position 18[deg]18.639' N,
65[deg]36.332' W; thence west to point 4 in position 18[deg]17.835' N,
65[deg]37.679' W; thence following the coastline back to origin.
(8) Yabucoa, PR. All waters of the Caribbean Sea surrounding
Yabucoa, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]01.279' N,
65[deg]49.820' W; thence east southeast to point 2 in position
18[deg]00.511' N, 65[deg]48.431' W; thence northeast to point 3 in
position 18[deg]03.181' N, 65[deg]47.365' W; thence northwest to point
4 in position 18[deg]03.546' N, 65[deg]48.108' W; thence following the
coastline back to origin.
(9) Guayama and Salinas, PR. All waters of the Caribbean Sea
surrounding Guayama and Salinas, PR encompassed within an imaginary
line connecting the following points: starting at point 1 in position
17[deg]56.779' N, 66[deg]23.514' W; thence south to point 2 in position
17[deg]54.450' N, 66[deg]23.514' W; thence east to point 3 in position
17[deg]54.450' N, 66[deg]10.832' W; thence north to point 4 in position
17[deg]56.162' N, 66[deg]10.832' W; thence following the coastline back
to origin.
(10) Ponce, Guayanilla and Tallaboa, PR. All waters of the
Caribbean Sea surrounding Ponce, Guayanilla and Tallaboa, PR
encompassed within an imaginary line connecting the following points:
starting at point 1 in position 17[deg]57.969' N, 66[deg]48.489' W;
thence south to point 2 in position 17[deg]56.181' N, 66[deg]48.489' W;
thence east to point 3 in position 17[deg]56.181' N, 66[deg]36.833' W;
thence north to point 4 in position 17[deg]57.830' N, 66[deg]36.833' W;
thence following the coastline back to origin.
(11) Guanica, PR. All waters of the Caribbean Sea surrounding
Guanica, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 17[deg]55.907' N,
66[deg]55.151' W; thence south to point 2 in position 17[deg]54.887' N,
66[deg]54.973' W; thence east to point 3 in position 17[deg]55.557' N,
66[deg]52.292' W; thence north to point 4 in position 17[deg]56.500' N,
66[deg]52.494' W; thence following the coastline back to origin.
(12) Mayaguez, PR. All waters of the Caribbean Sea surrounding
Mayaguez, PR encompassed within an imaginary line connecting the
following points: starting at point 1 in position 18[deg]10.159' N,
67[deg]10.826' W; thence west to point 2 in position 18[deg]10.159' N,
67[deg]12.539' W; thence north to point 3 in position 18[deg]14.371' N,
67[deg]12.539' W; thence east to point 4 in position 18[deg]14.371' N,
67[deg]10.405' W; thence following the coastline back to origin.
(b) Definitions.
(1) Designated representative. The term ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and federal, state, and local officers designated by or
assisting the Captain of the Port San Juan in the enforcement of the
regulated area.
(2) Hurricane Port Condition YANKEE. Set when weather advisories
indicate that sustained Gale Force winds from a tropical or hurricane
force storm are predicted to make landfall at the port within 24 hours.
(3) Hurricane Port Condition ZULU. Set when weather advisories
indicate that sustained Gale Force winds from a tropical or hurricane
force storm are predicted to make landfall at the port within 12 hours.
(c) Regulations.
(1) Hurricane Port Condition YANKEE. All inbound oceangoing
commercial vessel traffic over 200GT are prohibited from entering any
of the 11 regulated areas designated as being in Port Condition YANKEE
within the COTP Zone San Juan; within 24 hours of anticipated landfall
of gale force winds (39 mph) from a tropical- or hurricane-force storm;
or upon the Coast Guard setting Port Condition YANKEE for inbound ocean
going commercial vessel traffic over 200GT. Oceangoing commercial
vessel traffic outbound will be authorized to transit through the
safety zone until Port Condition ZULU.
(2) Hurricane Port Condition ZULU. All oceangoing commercial vessel
traffic over 200GT are prohibited from transiting or remaining in any
of the 11 regulated areas designated as being in Port Condition Zulu
within COTP San Juan within 12 hours of anticipated landfall of a
tropical storm or hurricane; or upon the Coast Guard setting of Port
Condition ZULU, unless written permission is obtained from the Captain
of the Port.
(3) Emergency Closure for Other Disasters. Any natural or other
disasters that are anticipated to effect the COTP San Juan AOR will
result in the prohibition of commercial vessel traffic transiting or
remaining in any of the 11 regulated areas predicted to be effected as
designated by the COTP San Juan = .
(4) Pursuant to the general regulations in Sec. 165.33 of this
part, entering, anchoring, mooring or transiting in the regulated areas
enacted above in paragraphs (c)(1) and (c)(2) is prohibited unless
authorized by the Coast Guard Captain of the Port of San Juan.
(5) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at the Sector San Juan at (787) 289-
2041 or via VHF radio on Channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
(6) Coast Guard Sector San Juan will attempt to notify the maritime
community of periods during which these safety zones will be in effect
by via a broadcast notice to mariners.
Sec. Sec. 165.763, Sec. 165.766, Sec. 165.770, Sec. 165.771, Sec.
165.776, and Sec. 165.778 [Removed and Reserved]
0
7. Remove and reserve Sec. Sec. 165.763, 165.766, 165.770, 165.771,
165.776 and 165.778.
Dated: May 5, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-14077 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-04-P