81_FR_59652 81 FR 59484 - Safety Zone; Caribbean Fantasy, Vessel on Fire; Punta Salinas, Toa Baja, Puerto Rico

81 FR 59484 - Safety Zone; Caribbean Fantasy, Vessel on Fire; Punta Salinas, Toa Baja, Puerto Rico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59484-59486
FR Document2016-20856

The Coast Guard is establishing a temporary safety zone of 1,000 yards radius for the Cruise Ship Caribbean Fantasy due to an imminent fire on board, in the vicinity of Punta Salinas, Toa Baja, Puerto Rico. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the fire on board the vessel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Juan.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59484-59486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20856]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0832]
RIN 1625-AA00


Safety Zone; Caribbean Fantasy, Vessel on Fire; Punta Salinas, 
Toa Baja, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone of 
1,000 yards radius for the Cruise Ship Caribbean Fantasy due to an 
imminent fire on board, in the vicinity of Punta Salinas, Toa Baja, 
Puerto Rico. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards associated with the 
fire on board the vessel. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
San Juan.

DATES: This rule is effective without actual notice from August 30, 
2016 until 11:59 p.m. on August 31, 2016. For purposes of enforcement, 
actual notice will be used from 3 p.m. on August 17, 2016 through 
August 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0832 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Efrain Lopez, Sector San Juan

[[Page 59485]]

Prevention Department, Coast Guard; telephone (787) 289-2097, email 
[email protected].

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 of the immediate actions needed to 
respond to the emergency and potential safety hazards associated with 
the fire on board the Caribbean Fantasy. It is impracticable to publish 
an NPRM because we must establish this safety zone immediately, on 
August 17, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the emergency and potential 
safety hazards associated with the fire on board the Caribbean Fantasy.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port San Juan (COTP) has determined that 
potential hazards associated with fire will be a safety concern for 
anyone within a 1000-yard radius the Caribbean Fantasy. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3 p.m. on August 17, 2016 
until 11:59 p.m. on August 31, 2016. The safety zone will cover all 
navigable waters within 1000 yards of the vessel Caribbean Fantasy. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the passenger gets 
rescued and the fire gets suppressed. 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The safety zone listed in this rule will restrict vessel traffic 
from entering, transiting in or operating on the waters within this 
zone. The effect of this regulation will not be significant for several 
reasons: (1) this rule will only affect vessel traffic for a short 
duration; (2) vessels may request permission from the COTP to transit 
through the safety zone; and (3) the impacts on routine navigation are 
expected to be minimal. Notifications to the marine community will be 
made through Broadcast Notice to Mariners via VHF-FM marine channel 16 
and on-scene representatives. These notifications will allow the public 
to plan operations around the affected areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact 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,

[[Page 59486]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 1000 yards 
of the Caribbean Fantasy due to an imminent fire on board. It is 
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 are 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.

G. 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 message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add a temporary Sec.  165.T07-0832 to read as follows:


Sec.  165.T07-0832  Safety Zone; Caribbean Fantasy, Vessel on Fire; 
Punta Salinas, Toa Baja, Puerto Rico.

    (a) Regulated area. The following area is a safety zone: all waters 
within 1,000 yard radius from the Caribbean Fantasy, located in Punta 
Salinas, Toa Baja, Puerto Rico.
    (b) Definition. 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 Jacksonville in the enforcement of the regulated 
area.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this safety zone is prohibited unless 
specifically authorized by the Captain of the Port San Juan or a 
designated representative.
    (2) Persons or vessels desiring enter into, pass through, or 
operate on the waters within this zone, must request permission from 
the Captain of the Port San Juan or a designated representative. They 
may be contacted on VHF-FM Channel 16 or by telephone at (787) 289-
2041.
    (3) If permission is granted, all persons and vessels shall comply 
with any specific instructions of the Captain of the Port San Juan or 
designated representative, while transiting through the zone.
    (d) Informational broadcasts. The Coast Guard will provide notice 
of the regulated area by Broadcast Notices to Mariners and on-scene 
designated representatives.
    (e) Enforcement period. This safety zone will be enforced from 3 
p.m. on August 17, 2016 through 11:59 p.m. on August 31, 2016.

    Dated: August 17, 2016.
R.W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2016-20856 Filed 8-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                59484             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                F. Environment                                          § 165.T05–0824 Safety Zone, Dredging;                 and local agencies in the patrol and
                                                                                                        Shark River, NJ.                                      enforcement of the zone.
                                                   We have analyzed this rule under                        (a) Regulated areas. The following                    (e) Enforcement periods. This section
                                                Department of Homeland Security                         areas are safety zone: All waters from                will be enforced weekly, from 9 a.m. on
                                                Management Directive 023–01 and                         latitude 40°10′53.2579″ N., longitude                 Mondays through 9 p.m. on Thursdays,
                                                Commandant Instruction M16475.lD,                       074°01′52.6231″ W., bounded by the                    from September 1, 2016, through
                                                which guide the Coast Guard in                          eastern side of the channel and the                   September 30, 2016, with the exception
                                                complying with the National                             western side of the channel, north, to                of Labor Day weekend, 6 a.m. Friday
                                                Environmental Policy Act of 1969 (42                    latitude 40°11′21.0139″ N., longitude                 September 2, 2016 through 12 p.m.
                                                U.S.C. 4321–4370f), and have                            074°01′53.1749″ W., in the Shark River,               Tuesday September 6, 2016, unless
                                                determined that this action is one of a                 in Neptune City, NJ. These coordinates                cancelled earlier by the Captain of the
                                                category of actions that do not                         are based on the World Geodetic System                Port.
                                                individually or cumulatively have a                     1984 (WGS 84) horizontal datum                          Dated: August 25, 2016.
                                                significant effect on the human                         reference.
                                                                                                                                                              Benjamin A. Cooper,
                                                environment. This rule involves a safety                   (b) Regulations. The general safety
                                                zone encompassing all the waters from                   zone regulations in § 165.23 apply to the             Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                              Port Delaware Bay.
                                                latitude 40°10′53.2579″ N., longitude                   safety zone created by this section.
                                                                                                           (1) All vessels and persons are                    [FR Doc. 2016–20820 Filed 8–29–16; 8:45 am]
                                                074°01′52.6231″ W., bounded by the
                                                eastern side of the channel and the                     prohibited from entering into or moving               BILLING CODE 9110–04–P

                                                western side of the channel, north, to                  within the safety zone described in
                                                latitude 40°11′21.0139″ N., longitude                   paragraph (a) of this section while it is
                                                                                                        subject to enforcement, unless                        DEPARTMENT OF HOMELAND
                                                074°01′53.1749″ W., in the Shark River,
                                                                                                        authorized by the Captain of the Port,                SECURITY
                                                in Neptune City, NJ. It is categorically
                                                excluded from further review under                      Delaware Bay, or by his designated
                                                                                                                                                              Coast Guard
                                                paragraph 34(g) of Figure 2–1 of the                    representative.
                                                Commandant Instruction. An                                 (2) Persons or vessels seeking to enter
                                                                                                        or pass through the safety zone must                  33 CFR Part 165
                                                environmental analysis checklist
                                                supporting this determination and a                     contact the Captain of the Port,                      [Docket Number USCG–2016–0832]
                                                Categorical Exclusion Determination are                 Delaware Bay, or his designated
                                                                                                                                                              RIN 1625–AA00
                                                available in the docket where indicated                 representative to seek permission to
                                                under ADDRESSES. We seek any                            transit the area. The Captain of the Port,            Safety Zone; Caribbean Fantasy,
                                                comments or information that may lead                   Delaware Bay can be contacted at                      Vessel on Fire; Punta Salinas, Toa
                                                to the discovery of a significant                       telephone number 215–271–4807 or on                   Baja, Puerto Rico
                                                environmental impact from this rule.                    Marine Band Radio VHF Channel 16
                                                                                                        (156.8 MHz).                                          AGENCY:    Coast Guard, DHS.
                                                G. Protest Activities                                      (3) Vessels may freely transit this                ACTION:   Temporary final rule.
                                                                                                        portion of the Shark River from
                                                  The Coast Guard respects the First                    September 1, 2016, through September                  SUMMARY:   The Coast Guard is
                                                Amendment rights of protesters.                         30, 2016, weekly, from 9 p.m. on                      establishing a temporary safety zone of
                                                Protesters are asked to contact the                     Thursdays through 9 a.m. on Mondays,                  1,000 yards radius for the Cruise Ship
                                                person listed in the FOR FURTHER                        as well as Labor Day weekend, 6 a.m.                  Caribbean Fantasy due to an imminent
                                                INFORMATION CONTACT section to                          Friday September 2, 2016 through 12                   fire on board, in the vicinity of Punta
                                                coordinate protest activities so that your              p.m. Tuesday September 6, 2016.                       Salinas, Toa Baja, Puerto Rico. The
                                                message can be received without                         Vessels are requested to contact the                  safety zone is needed to protect
                                                jeopardizing the safety or security of                  dredge via VHF–FM channel 13 or 16 to                 personnel, vessels, and the marine
                                                people, places or vessels.                              make satisfactory passing arrangement                 environment from potential hazards
                                                List of Subjects in 33 CFR Part 165                     and maintain a safe speed when                        associated with the fire on board the
                                                                                                        transiting the main navigational channel              vessel. Entry of vessels or persons into
                                                  Harbors, Marine safety, Navigation                    during times of channel openings.                     this zone is prohibited unless
                                                (water), Reporting and recordkeeping                       (4) This section applies to all vessels            specifically authorized by the Captain of
                                                requirements, Security measures,                        except those engaged in the following                 the Port San Juan.
                                                Waterways.                                              operations: enforcing laws, servicing                 DATES: This rule is effective without
                                                                                                        aids to navigation and emergency                      actual notice from August 30, 2016 until
                                                  For the reasons discussed in the                      response vessels.
                                                preamble, the Coast Guard amends 33                                                                           11:59 p.m. on August 31, 2016. For
                                                                                                           (c) Definitions. As used in this                   purposes of enforcement, actual notice
                                                CFR part 165 as follows:                                section:                                              will be used from 3 p.m. on August 17,
                                                                                                           Captain of the Port Delaware Bay                   2016 through August 30, 2016.
                                                PART 165—REGULATED NAVIGATION                           means the Commander, U.S. Coast
                                                AREAS AND LIMITED ACCESS AREAS                          Guard Sector Delaware Bay,                            ADDRESSES: To view documents
                                                                                                        Philadelphia, PA.                                     mentioned in this preamble as being
                                                ■ 1. The authority citation for part 165                   Designated representative means any                available in the docket, go to http://
                                                continues to read as follows:                           Coast Guard commissioned, warrant, or                 www.regulations.gov, type USCG–2016–
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        petty officer who has been authorized                 0832 in the ‘‘SEARCH’’ box and click
                                                  Authority: 33 U.S.C 1231; 50 U.S.C. 191;
                                                                                                        by the Captain of the Port Delaware Bay               ‘‘SEARCH.’’ Click on Open Docket
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        to assist in enforcing the safety zone                Folder on the line associated with this
                                                Department of Homeland Security Delegation
                                                                                                        described in paragraph (a) of this                    rule.
                                                No. 0170.1.
                                                                                                        section.                                              FOR FURTHER INFORMATION CONTACT: If
                                                ■ 2. Add temporary § 165.T05–0824 to                       (d) Enforcement. The U.S. Coast                    you have questions on this rule, call or
                                                read as follows:                                        Guard may be assisted by Federal, State               email Mr. Efrain Lopez, Sector San Juan


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00060   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                        59485

                                                Prevention Department, Coast Guard;                     zone is intended to protect personnel,                significant economic impact on a
                                                telephone (787) 289–2097, email                         vessels, and the marine environment in                substantial number of small entities.
                                                Efrain.Lopez1@uscg.mil.                                 these navigable waters while the                         While some owners or operators of
                                                SUPPLEMENTARY INFORMATION:                              passenger gets rescued and the fire gets              vessels intending to transit the safety
                                                                                                        suppressed. No vessel or person will be               zone may be small entities, for the
                                                I. Table of Abbreviations                               permitted to enter the safety zone                    reasons stated in section V.A above, this
                                                CFR Code of Federal Regulations                         without obtaining permission from the                 rule will not have a significant
                                                DHS Department of Homeland Security                     COTP or a designated representative.                  economic impact on any vessel owner
                                                FR Federal Register                                                                                           or operator.
                                                NPRM Notice of proposed rulemaking                      V. Regulatory Analyses                                   Under section 213(a) of the Small
                                                § Section                                                 We developed this rule after                        Business Regulatory Enforcement
                                                U.S.C. United States Code                                                                                     Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                        considering numerous statutes and
                                                II. Background Information and                          Executive orders related to rulemaking.               we want to assist small entities in
                                                Regulatory History                                      Below we summarize our analyses                       understanding this rule. If the rule
                                                                                                        based on a number of these statutes and               would affect your small business,
                                                   The Coast Guard is issuing this                                                                            organization, or governmental
                                                temporary rule without prior notice and                 Executive orders, and we discuss First
                                                                                                        Amendment rights of protestors.                       jurisdiction and you have questions
                                                opportunity to comment pursuant to                                                                            concerning its provisions or options for
                                                authority under section 4(a) of the                     A. Regulatory Planning and Review                     compliance, please contact the person
                                                Administrative Procedure Act (APA) (5                                                                         listed in the FOR FURTHER INFORMATION
                                                U.S.C. 553(b)). This provision                             Executive Orders 12866 and 13563
                                                                                                        direct agencies to assess the costs and               CONTACT section.
                                                authorizes an agency to issue a rule                                                                             Small businesses may send comments
                                                without prior notice and opportunity to                 benefits of available regulatory
                                                                                                        alternatives and, if regulation is                    on the actions of Federal employees
                                                comment when the agency for good                                                                              who enforce, or otherwise determine
                                                cause finds that those procedures are                   necessary, to select regulatory
                                                                                                        approaches that maximize net benefits.                compliance with, Federal regulations to
                                                ‘‘impracticable, unnecessary, or contrary                                                                     the Small Business and Agriculture
                                                to the public interest.’’ Under 5 U.S.C.                Executive Order 13563 emphasizes the
                                                                                                        importance of quantifying both costs                  Regulatory Enforcement Ombudsman
                                                553(b)(B), the Coast Guard finds that                                                                         and the Regional Small Business
                                                good cause exists for not publishing a                  and benefits, of reducing costs, of
                                                                                                        harmonizing rules, and of promoting                   Regulatory Fairness Boards. The
                                                notice of proposed rulemaking (NPRM)                                                                          Ombudsman evaluates these actions
                                                with respect to this rule because of the                flexibility. This rule has not been
                                                                                                        designated a ‘‘significant regulatory                 annually and rates each agency’s
                                                immediate actions needed to respond to                                                                        responsiveness to small business. If you
                                                the emergency and potential safety                      action,’’ under Executive Order 12866.
                                                                                                        Accordingly, it has not been reviewed                 wish to comment on actions by
                                                hazards associated with the fire on                                                                           employees of the Coast Guard, call 1–
                                                board the Caribbean Fantasy. It is                      by the Office of Management and
                                                                                                        Budget.                                               888–REG–FAIR (1–888–734–3247). The
                                                impracticable to publish an NPRM                                                                              Coast Guard will not retaliate against
                                                because we must establish this safety                      The safety zone listed in this rule will
                                                                                                                                                              small entities that question or complain
                                                zone immediately, on August 17, 2016.                   restrict vessel traffic from entering,
                                                                                                                                                              about this rule or any policy or action
                                                   We are issuing this rule, and under 5                transiting in or operating on the waters
                                                                                                                                                              of the Coast Guard.
                                                U.S.C. 553(d)(3), the Coast Guard finds                 within this zone. The effect of this
                                                that good cause exists for making it                    regulation will not be significant for                C. Collection of Information
                                                effective less than 30 days after                       several reasons: (1) this rule will only                This rule will not call for a new
                                                publication in the Federal Register.                    affect vessel traffic for a short duration;           collection of information under the
                                                Delaying the effective date of this rule                (2) vessels may request permission from               Paperwork Reduction Act of 1995 (44
                                                would be contrary to public interest                    the COTP to transit through the safety                U.S.C. 3501–3520).
                                                because immediate action is needed to                   zone; and (3) the impacts on routine
                                                                                                        navigation are expected to be minimal.                D. Federalism and Indian Tribal
                                                respond to the emergency and potential
                                                                                                        Notifications to the marine community                 Governments
                                                safety hazards associated with the fire
                                                on board the Caribbean Fantasy.                         will be made through Broadcast Notice                    A rule has implications for federalism
                                                                                                        to Mariners via VHF–FM marine                         under Executive Order 13132,
                                                III. Legal Authority and Need for Rule                  channel 16 and on-scene                               Federalism, if it has a substantial direct
                                                   The Coast Guard is issuing this rule                 representatives. These notifications will             effect on the States, on the relationship
                                                under authority in 33 U.S.C. 1231. The                  allow the public to plan operations                   between the national government and
                                                Captain of the Port San Juan (COTP) has                 around the affected areas.                            the States, or on the distribution of
                                                determined that potential hazards                       B. Impact on Small Entities                           power and responsibilities among the
                                                associated with fire will be a safety                                                                         various levels of government. We have
                                                concern for anyone within a 1000-yard                      The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                                radius the Caribbean Fantasy. This rule                 1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                                is needed to protect personnel, vessels,                requires Federal agencies to consider                 with the fundamental federalism
                                                and the marine environment in the                       the potential impact of regulations on                principles and preemption requirements
                                                navigable waters within the safety zone.                small entities during rulemaking. The                 described in Executive Order 13132.
                                                                                                        term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                IV. Discussion of the Rule
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        businesses, not-for-profit organizations              implications under Executive Order
                                                   This rule establishes a safety zone                  that are independently owned and                      13175, Consultation and Coordination
                                                from 3 p.m. on August 17, 2016 until                    operated and are not dominant in their                with Indian Tribal Governments,
                                                11:59 p.m. on August 31, 2016. The                      fields, and governmental jurisdictions                because it does not have a substantial
                                                safety zone will cover all navigable                    with populations of less than 50,000.                 direct effect on one or more Indian
                                                waters within 1000 yards of the vessel                  The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                Caribbean Fantasy. The duration of the                  605(b) that this rule will not have a                 Federal Government and Indian tribes,


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00061   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                59486             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                or on the distribution of power and                       For the reasons discussed in the                    ENVIRONMENTAL PROTECTION
                                                responsibilities between the Federal                    preamble, the Coast Guard amends 33                   AGENCY
                                                Government and Indian tribes. If you                    CFR part 165 as follows:
                                                believe this rule has implications for                                                                        40 CFR Part 52
                                                federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION
                                                                                                                                                              [EPA–R03–OAR–2016–0054; FRL–9951–22–
                                                contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREAS                        Region 3]
                                                FURTHER INFORMATION CONTACT section
                                                above.                                                  ■ 1. The authority citation for part 165              Approval and Promulgation of Air
                                                                                                        continues to read as follows:                         Quality Implementation Plans;
                                                E. Unfunded Mandates Reform Act                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Maryland; Control of Emissions From
                                                  The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Various Processes and Fuel-Burning
                                                of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation            Equipment From Kraft Pulp Mills
                                                Federal agencies to assess the effects of               No. 0170.1.
                                                their discretionary regulatory actions. In                                                                    AGENCY:  Environmental Protection
                                                                                                        ■ 2. Add a temporary § 165.T07–0832 to                Agency (EPA).
                                                particular, the Act addresses actions                   read as follows:
                                                that may result in the expenditure by a                                                                       ACTION: Final rule.
                                                State, local, or tribal government, in the              § 165.T07–0832 Safety Zone; Caribbean
                                                                                                        Fantasy, Vessel on Fire; Punta Salinas, Toa           SUMMARY:   The Environmental Protection
                                                aggregate, or by the private sector of                                                                        Agency (EPA) is granting conditional
                                                $100,000,000 (adjusted for inflation) or                Baja, Puerto Rico.
                                                                                                           (a) Regulated area. The following area             approval of a state implementation plan
                                                more in any one year. Though this rule                                                                        (SIP) revision submitted by the
                                                will not result in such an expenditure,                 is a safety zone: all waters within 1,000
                                                                                                        yard radius from the Caribbean Fantasy,               Maryland Department of the
                                                we do discuss the effects of this rule                                                                        Environment (MDE). The revisions adds
                                                elsewhere in this preamble.                             located in Punta Salinas, Toa Baja,
                                                                                                                                                              and amends regulations in the SIP
                                                                                                        Puerto Rico.
                                                F. Environment                                                                                                which control emissions from various
                                                                                                           (b) Definition. The term ‘‘designated
                                                                                                                                                              processes and fuel-burning equipment
                                                  We have analyzed this rule under                      representative’’ means Coast Guard
                                                                                                                                                              at Kraft pulp mills. The SIP revision
                                                Department of Homeland Security                         Patrol Commanders, including Coast
                                                                                                                                                              includes the following: a new definition
                                                Management Directive 023–01 and                         Guard coxswains, petty officers, and
                                                                                                                                                              for ‘‘NOX Ozone Season Allowance;’’ a
                                                Commandant Instruction M16475.lD,                       other officers operating Coast Guard
                                                                                                                                                              new regulation with nitrogen oxides
                                                which guide the Coast Guard in                          vessels, and Federal, state, and local
                                                                                                                                                              (NOX) limits for fuel-burning equipment
                                                complying with the National                             officers designated by or assisting the
                                                                                                                                                              located at Kraft pulp mills; a removal
                                                Environmental Policy Act of 1969 (42                    Captain of the Port Jacksonville in the               and relocation of existing NOX
                                                U.S.C. 4321–4370f), and have                            enforcement of the regulated area.                    reasonably available control technology
                                                determined that this action is one of a                    (c) Regulations. (1) In accordance with            (RACT) requirements for Kraft pulp
                                                category of actions that do not                         the general regulations in § 165.23, entry            mills into another Maryland regulation;
                                                individually or cumulatively have a                     into this safety zone is prohibited unless            and a revised regulation which clarifies
                                                significant effect on the human                         specifically authorized by the Captain of             the volatile organic compound (VOC)
                                                environment. This rule involves a safety                the Port San Juan or a designated                     control system and emission
                                                zone that will prohibit entry within                    representative.                                       requirements for several process
                                                1000 yards of the Caribbean Fantasy due                    (2) Persons or vessels desiring enter              installations at Kraft pulp mills. EPA is
                                                to an imminent fire on board. It is                     into, pass through, or operate on the                 granting conditional approval because
                                                categorically excluded from further                     waters within this zone, must request                 the new Maryland definition references
                                                review under paragraph 34(g) of Figure                  permission from the Captain of the Port               the defunct Clean Air Interstate Rule
                                                2–1 of the Commandant Instruction. An                   San Juan or a designated representative.              (CAIR) and because MDE provided a
                                                environmental analysis checklist                        They may be contacted on VHF–FM                       commitment to remove all references to
                                                supporting this determination and a                     Channel 16 or by telephone at (787)                   CAIR within the definition of ‘‘NOX
                                                Categorical Exclusion Determination are                 289–2041.                                             Ozone Season Allowance’’ and submit a
                                                available in the docket where indicated                    (3) If permission is granted, all                  revised definition as a new SIP revision,
                                                under ADDRESSES. We seek any                            persons and vessels shall comply with                 no later than a year from EPA finalizing
                                                comments or information that may lead                   any specific instructions of the Captain              this conditional approval. Upon timely
                                                to the discovery of a significant                       of the Port San Juan or designated                    meeting of this commitment, EPA will
                                                environmental impact from this rule.                    representative, while transiting through              propose to convert the conditional
                                                                                                        the zone.                                             approval of the SIP revision to a final,
                                                G. Protest Activities
                                                                                                           (d) Informational broadcasts. The                  full approval. This action is being taken
                                                  The Coast Guard respects the First                    Coast Guard will provide notice of the
                                                Amendment rights of protesters.                                                                               under the Clean Air Act (CAA).
                                                                                                        regulated area by Broadcast Notices to
                                                Protesters are asked to contact the                                                                           DATES: This final rule is effective on
                                                                                                        Mariners and on-scene designated
                                                person listed in the FOR FURTHER                                                                              September 29, 2016.
                                                                                                        representatives.
                                                INFORMATION CONTACT section to                                                                                ADDRESSES: EPA has established a
                                                                                                           (e) Enforcement period. This safety
                                                coordinate protest activities so that your              zone will be enforced from 3 p.m. on                  docket for this action under Docket ID
                                                message can be received without                         August 17, 2016 through 11:59 p.m. on                 No. EPA–R03–OAR–2016–0054. All
                                                jeopardizing the safety or security of                  August 31, 2016.                                      documents in the docket are listed on
mstockstill on DSK3G9T082PROD with RULES




                                                people, places or vessels.                                                                                    the http://www.regulations.gov Web
                                                                                                          Dated: August 17, 2016.                             site. Although listed in the index, some
                                                List of Subjects in 33 CFR Part 165                     R.W. Warren,                                          information is not publicly available,
                                                  Marine safety, Navigation (water),                    Captain, U.S. Coast Guard, Captain of the             e.g., confidential business information
                                                Reporting and recordkeeping                             Port San Juan.                                        (CBI) or other information whose
                                                requirements, Security measures,                        [FR Doc. 2016–20856 Filed 8–29–16; 8:45 am]           disclosure is restricted by statute.
                                                Waterways.                                              BILLING CODE 9110–04–P                                Certain other material, such as


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00062   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1



Document Created: 2018-02-09 11:42:27
Document Modified: 2018-02-09 11:42:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from August 30, 2016 until 11:59 p.m. on August 31, 2016. For purposes of enforcement, actual notice will be used from 3 p.m. on August 17, 2016 through August 30, 2016.
ContactIf you have questions on this rule, call or email Mr. Efrain Lopez, Sector San Juan Prevention Department, Coast Guard; telephone (787) 289-2097, email [email protected]
FR Citation81 FR 59484 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR