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Safety Zone Regulations; Guayanilla Bay, Guayanilla, PR

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 [Federal Register: March 28, 2001 (Volume 66, Number 60)]
[Rules and Regulations]
[Page 16869-16871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr01-12]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-095]
RIN 2115-AA97


Safety Zone Regulations; Guayanilla Bay, Guayanilla, PR

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a moving and fixed safety zone
around all vessels carrying Liquefied Natural Gas (LNG) as cargo in the
waters of the Caribbean Sea in Guayanilla Bay, Puerto Rico. This
precaution is required because of the size, draft and highly volatile
cargo of LNG vessels. These regulations are necessary for the
protection of life and property on the navigable waters of the United
States.

DATES: This rule is effective April 27, 2001.

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 00-095] and are available for
inspection or copying at Coast Guard Marine Safety Office San Juan,
Rodriguez and Del Valle Building, San Martin Street, Carr. #2, Km. 4.9,
Guaynabo, Puerto Rico, 00968, between the hours of 7 a.m. and 3:30
p.m., Monday through Friday, excluding Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers
at Coast Guard Marine Safety Office San Juan, Puerto Rico, (787) 706-
2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 24, 2000, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone Regulations; Guayanilla Bay, Guayanilla,
Puerto Rico, in the Federal Register (65 FR 63558). We received no
letters commenting on the proposed rule. No public hearing was
requested and none was held.

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 needed because of the significant dangers LNG vessels present
with their highly volatile cargoes, their size, and draft. We
anticipate periodic arrivals and departures of LNG carriers at the Eco-
Electricia waterfront facility in Guayanilla Bay.
    This rule establishes a moving safety zone in a 100 yard radius
surrounding a vessel carrying LNG product while transiting north of
Latitude 17 deg.56.0'N on approach to or departure from the Eco-
Electrica waterfront facility in Guayanilla Bay, Puerto Rico. This
moving safety zone remains in effect until the LNG vessel is alongside
the Eco-Electrica waterfront facility in

[[Page 16870]]

Guayanilla Bay, or south of Latitude 17 deg.56.0'N. A fixed safety zone
is established in the waters within 150 feet of a LNG vessel when the
vessel is moored at the Eco-Electrica waterfront facility. This Safety
Zone remains in effect while the LNG vessel is docked at the facility
with product aboard or while the vessel is transferring liquefied
natural gas.
    Coast Guard Marine Safety Office San Juan will notify the maritime
community of periods when the safety zone is in effect via a marine
broadcast Notice to Mariners.

Discussion of Comments and Changes

    No comments were received on the proposed rule.

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). We expect the economic impact of this rule 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 limited 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 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 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
would 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 while a LNG vessel
transits and docks at the Eco-Electrica facility.
    This rule will not have a significant economic impact on a
substantial number of small entities because of the relatively
infrequent LNG vessel arrivals into Guayanilla Bay and the short
transit time into the Bay. Vessel traffic will not be impeded while a
LNG carrier is moored to the dock at the Eco-Electrica facility because
vessel traffic can safely pass around the safety zone. We will also
issue marine information broadcasts to the public in advance of LNG
vessel arrivals and departures in Guayanilla Bay.

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. 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 LCDR Robert Lefevers at (787)
706-2444 for assistance in understanding 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 businesses. 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 under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 would not impose an unfunded
mandate.

Taking of Private Property

    This 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 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
rule and has determined that, under figure 2-1, paragraph (34)g, of
Commandant Instruction M16475.lC, that this rule is categorically
excluded from further environmental documentation.

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. Section 165.755 is added to read as follows:

Sec. 165.755  Safety Zone; Guayanilla, Puerto Rico

    (a) The following area is established as a safety zone during the
specified conditions:
    (1) A 100 yard radius surrounding a vessel carrying Liquefied
Natural Gas (LNG) while transiting north of Latitude 17 deg.56.0'N in
the waters of the Caribbean Sea, on approach to or departure from the
Eco-Electrica waterfront facility in Guayanilla Bay, Puerto Rico. The
safety

[[Page 16871]]

zone remains in effect until the LNG vessel is docked at the Eco-
Electrica waterfront facility or south of Latitude 17 deg.56.0'N.
    (2) The waters within 150 feet of a LNG vessel when the vessel is
alongside the Eco-Electrica waterfront facility in Guayanilla Bay, at
position 17 deg.58.55'N, 066 deg.45.3'W. This safety zone remains in
effect while the LNG vessel is docked with product aboard or is
transferring liquefied natural gas.
    (b) 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) The Coast Guard Marine Safety Office San Juan will notify the
maritime community of periods during which the safety zones will be in
effect by providing advance notice of scheduled arrivals and departures
of LNG vessels via a marine broadcast Notice to Mariners.

    Dated: March 15, 2001.
J.A. Servidio,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-7624 Filed 3-27-01; 8:45 am]
BILLING CODE 4910-15-P

 
 

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