[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Proposed Rules]               
[Page 38451-38453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-28]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan-02-038]
RIN 2115-AA97

 
Safety Zones; Ponce Bay, Tallaboa Bay, and Guayanilla Bay, Puerto 
Rico and Limetree Bay, St. Croix, U.S.V.I.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create moving safety zones around 
all Liquefied Hazardous Gas (LHG) vessels with product aboard in the 
waters of the Caribbean Sea and the Bays of Ponce, Tallaboa, 
Guayanilla, Puerto Rico and Limetree Bay, U.S. Virgin Islands. This 
action is necessary due to the highly volatile nature of this cargo. 
This proposed rule would enhance public and maritime safety by 
requiring vessel traffic to maintain a safe distance from these LHG 
vessels while they are underway.

DATES: Comments and related material must reach the Coast Guard on or 
before August 5, 2002.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Marine Safety Office San Juan, P.O. Box 71526, San Juan, 
Puerto Rico 00936. You may also deliver them in person to Commanding 
Officer, Marine Safety Office San Juan, Rodriguez and Del Valle 
Building, 4th Floor, Calle San Martin, Road 2, Guaynabo, 
Puerto Rico, 00968. The U.S. Coast Guard Marine Safety Office maintains 
the public docket for this rulemaking. Comments and materials received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at the USCG Marine Safety Office 
between the hours of 7 a.m. and 3:30 p.m., Monday through Friday, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Chip Lopez at Coast Guard Marine Safety Office 
San Juan, Puerto Rico, at (787) 706-2444.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [COTP San 
Juan-02-038], indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by mail, hand delivery, fax, or 
electronic means to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them 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 them by mail and would 
like to know that they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by writing to the Commanding Officer, U.S. Coast Guard 
Marine Safety Office at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    These regulations are needed to provide for the safety of life on 
navigable waters from the hazards associated with LHG carriers. The 
safety zones are needed because of the significant risks Liquefied 
Hazardous Gas (LHG) ships present to public safety due to their size, 
draft, and volatile cargoes. We anticipate periodic arrivals of vessels 
carrying LHG in Ponce, Tallaboa and Guayanilla Bays, Puerto Rico and 
Limetree Bay, St. Croix, U.S.V.I. This proposed rule would keep vessel 
traffic at least 100 yards away from LHG vessels thereby decreasing the 
risk of a collision, allision, or grounding.

Discussion of Proposed Rule

    This proposed rule would create a 100-yard safety zone in the 
waters of the Caribbean Sea surrounding all LHG vessels with product 
aboard while transiting on approach to or departing from the following 
Ports, north of the latitudes indicated. Port of Ponce, Puerto Rico 
north of Latitude 17 deg. 56.00' N. Ports of Tallaboa and Guayanilla, 
Puerto Rico north of Latitude 17 deg. 57.00' N. Port of Limetree Bay, 
St. Croix, U.S. Virgin Islands north of 17 deg. 39.00' N. (NAD 83) 
These safety zones would remain in effect until the LHG vessel is 
safely moored. The Marine Safety Office San Juan would notify the 
maritime community of periods during which these safety zones would be 
in effect by providing advance notice of scheduled arrivals and 
departures on LHG carriers via a broadcast notice to mariners on VHF 
Marine Band Radio, Channel 16 (156.8 MHz).

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary due to the 
relative infrequent arrivals of LHG carriers, the limited size of the 
safety zone, and the relatively sparse nature of other commercial 
traffic in Ponce, Tallaboa, Guayanilla, and Limetree Bays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not

[[Page 38452]]

dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities because of the relative infrequent arrivals of 
LHG carriers, the limited size of the safety zone, and the relatively 
sparse nature of other commercial traffic in Ponce, Tallaboa, 
Guayanilla, and Limetree Bays. 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 to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its proposed effects on them and participate in the 
rulemaking. If the rule would affect your small business, organization, 
or governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Lieutenant Chip 
Lopez at Coast Guard Marine Safety Office San Juan, Puerto Rico, (787) 
706-2444.
    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).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that it does not have implications for 
federalism under that Order.

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 regulatory 
actions not specifically required by law. 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 or more in any one year. Though this proposed rule would 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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.

Protection of Children

    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.

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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34) (g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because it is establishing safety zones. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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

    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(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.757 to read as follows:


Sec. 165.757  Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, 
Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.

    (a) The following areas are established as safety zones during the 
specified conditions:
    (1) Port of Ponce, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17 deg.57.0sec. N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Ponce, 
Puerto Rico. (NAD 83) The safety zone remains in effect until the LHG 
vessel is docked.
    (2) Port of Tallaboa, Puerto Rico. 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17 deg.56.0' N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Tallaboa, 
Puerto Rico. (NAD 83) The safety zone remains in effect until the LHG 
vessel is docked.
    (3) Port of Guayanilla, Puerto Rico. A 100-yard radius surrounding 
all

[[Page 38453]]

Liquefied Hazardous Gas (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. (NAD 83) The safety zone remains in effect until the LHG 
vessel is docked.
    (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard radius 
surrounding all Liquefied Hazardous Gas (LHG) vessels with product 
aboard while transiting north of Latitude 17 deg.39.0' N in the waters 
of the Caribbean Sea on approach to or departing from the Port of 
Limetree Bay, U.S.V.I. (NAD 83) The safety zone remains in effect until 
the LHG vessel is docked.
    (b) In accordance with the general regulations in Sec. 165.23 of 
this part, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port. 
The Marine Safety Office San Juan will notify the maritime community of 
periods during which these safety zones will be in effect by providing 
advance notice of scheduled arrivals and departures on LHG carriers via 
a broadcast notice to mariners on VHF Marine Band Radio, Channel 16 
(156.8 MHz).

    Dated: May 14, 2002.
J.A. Servidio,
Commander, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 02-13969 Filed 6-3-02; 8:45 am]
BILLING CODE 4910-15-P