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Safety Zones; Ponce Bay, Tallaboa Bay, and Guayanilla Bay, Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.
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[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° 56.00' N. Ports of Tallaboa and
Guayanilla, Puerto Rico north of Latitude 17° 57.00' N. Port
of Limetree Bay, St. Croix, U.S. Virgin Islands north of 17°
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°57.0' 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°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°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° 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