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Safety Zone Regulations; Guayanilla Bay, Guayanilla, Puerto Rico

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 [Federal Register: August 9, 2000 (Volume 65, Number 154)]
[Rules and Regulations]
[Page 48614-48616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au00-9]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-059]
RIN 2115-AA97


Safety Zone Regulations; Guayanilla Bay, Guayanilla, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary moving and fixed
safety zones around Liquefied Natural Gas (LNG) Carriers with product
aboard in the waters of the Caribbean Sea and Guayanilla Bay, Puerto
Rico. Due to its highly volatile cargo, size, and draft, the LNG vessel
will require use of the center of the channel for safe navigation.
These regulations are necessary for the protection of life and property
on the navigable waters of the United States.

DATES: This rule becomes effective at 1 a.m. on July 9, 2000, and
terminates at midnight on December 31, 2000. All times are Atlantic
Standard Time (AST).

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket COTP San Juan 00-059, and are available for
inspection and copying at the USCG Marine Safety Office San Juan,
Rodriguez and Del Valle Building, 4th Floor, Calle San Martin, Road #2,
Guaynabo, Puerto Rico, between the hours of 7 a.m. to 3:30 p.m., Monday
through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers

[[Page 48615]]

at Coast Guard Marine Safety Office San Juan, Puerto Rico, (787) 706-
2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a Notice of Proposed Rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. It was impracticable to
attempt to publish a NPRM for this situation due to the uncertainty
surrounding the scheduling of the first LNG ship into the EcoElectrica
facility.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because of the imminent arrival of
the first LNG ship into the EcoElectrica facility. Publishing an NPRM
and delaying its effective date would be contrary to public safety
since immediate action is needed to minimize potential danger to the
public upon arrival of the LNG carrier.

Background and Purpose

    These regulations are needed to provide for the safety of life on
navigable waters from hazards associated with LNG carriers. The safety
zones are established because of the significant risks LNG ships
present with their highly volatile cargoes, their size, and draft. A
safety zone will be established in a 100 yard radius surrounding an LNG
carrier with product aboard while transiting north of Latitude
17 deg.56.0'N in the waters of the Caribbean Sea and Guayanilla Bay,
Puerto Rico. This Safety Zone remains in effect until the LNG vessel is
alongside the Eco-Electrica waterfront facility in Guayanilla Bay. A
Safety Zone will also be established in the waters within 150 feet of
an LNG vessel when the vessel is alongside the Eco-Electrica waterfront
facility. This Safety Zone remains in effect while the LNG vessel
remains at the dock with product aboard or is transferring liquefied
natural gas.
    We anticipate periodic arrivals of LNG carriers in Guayanilla Bay.
Therefore, in conjunction with this temporary rule necessary for
immediate arrivals, we will undertake a permanent rulemaking with
opportunity for notice and comment.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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). The Coast Guard expects the economic impact of this proposal to
be so minimal that a full Regulatory Evaluation under paragraph 10(e)
of the regulatory policies and procedures of DOT is unnecessary due to
the relatively infrequent arrivals of LNG carriers and the sparse
nature of commercial traffic in Guayanilla Bay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic effect
upon 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 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. The rule may affect the following entities, some of which may
be small entities: the owners and operators of vessels intending to
transit a portion of Guayanilla Bay during the entry of an LNG vessel
into the bay and its subsequent docking and transfer operations at the
Eco-Electrica facility. This regulation will not have a significant
economic impact on a substantial number of small entities because of
the infrequent LNG vessel arrivals into Guayanilla Bay and the short
transit time into the bay. Vessel traffic will not be impeded while the
LNG carrier is moored to the dock at the Eco-Electrica facility.

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 rule so that they can better evaluate its effects
on them and participate in the rulemaking process. If the rule would
affect your small business, organization, or government jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed under FOR FURTHER
INFORMATION CONTACT for assistance in understanding and participating
in this rulemaking. We also have a point of contact for commenting on
actions by employees of the Coast Guard. 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 rule calls for no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have
determined that this rule 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)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or safety that may disproportionately
affect children.

Environment

    The Coast Guard has considered the environmental impact of this
action and

[[Page 48616]]

has determined under figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1C, that this rule is categorically excluded from
further environmental documentation because it is establishing a
temporary Safety Zone.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Safety 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

    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, and 160.5;49 CFR 1.46.

    2. Temporary Sec. 165.T07-059 is added to read as follows:

Sec. 165.T00-059  Safety Zone; Guayanilla, Puerto Rico

    (a) Regulated Area. Temporary safety zones are established during
the specified conditions: (1) In a 100 yard radius surrounding a
Liquefied Natural Gas (LNG) Carrier with product aboard while
transiting north of Latitude 17 deg.56.0' N in the waters of the
Caribbean Sea and Guayanilla Bay, Puerto Rico. The safety zone remains
in effect until the LNG vessel is alongside the Eco-Electrica
waterfront facility in Guayanilla Bay, at position 17 deg.58.55'N,
066 deg.45.3'W.
    (2) The waters and land area within 150 feet of an LNG vessel when
the vessel is alongside the Eco-Electrica waterfront facility. This
safety zone remains in effect while the LNG vessel remains at the dock
with product aboard or is transferring liquefied natural gas.
    (b) Regulations. In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port.
    (c) Dates. These regulations become effective at 1 a.m. Atlantic
Standard Time (AST) on July 9, 2000, and expire at 11:59 p.m. AST,
December 31, 2000. Notifications of LNG vessel arrivals will be made
using a Broadcast Notice To Mariners on VHF Channel 16.

    Dated: July 7, 2000.
J. A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port, San Juan, Puerto
Rico.
[FR Doc. 00-20171 Filed 8-8-00; 8:45 am]
BILLING CODE 4910-15-U

 
 

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