[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Proposed Rules]
[Pages 63558-63560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27242]


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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, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing 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 
size and draft, the LNG vessel will require use of the center of the 
channel for safe navigation. The highly volatile nature of the cargo 
requires traffic to maintain a safe distance while moving or moored. 
These regulations are necessary for the protection of life and property 
on the navigable waters of the United States.

DATES: Comments and related material must reach the Coast Guard on or 
before December 26, 2000.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Marine Safety Office San Juan, Rodriguez and 
Del Valle Building, 4th Floor, Calle San Martin, Road #2, Guaynabo, 
Puerto Rico. The U.S. Coast Guard Marine Safety Office maintains the 
public docket for this rulemaking. Comments and material 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. to 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:

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 00-095), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know 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 a meeting by writing to 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 hazards associated with LNG carriers. The safety 
zones are needed because of the significant risks LNG ships present 
with their highly volatile cargoes, their size, and draft. We 
anticipate periodic arrivals of LNG carriers in Guayanilla Bay.

Discussion of Proposed Rule

    A safety zone would be established with a 100 yard radius 
surrounding an LNG carrier with product aboard while transiting north 
of Latitude 17 deg.57.00'N in the waters of the Caribbean Sea and 
Guayanilla Bay, Puerto Rico. This Safety Zone would remain in effect 
until the LNG vessel is alongside the Eco-Electrica waterfront facility 
in Guayanilla Bay. A Safety Zone would 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 would remain in 
effect while the LNG vessel remains at the dock with product aboard or 
is transferring liquefied natural gas.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies

[[Page 63559]]

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 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 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. The proposed 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.
    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 (see 
ADDRESSES) explaining 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 Lieutenant Commander Robert 
Lefevers at Coast Guard Marine Safety Office San Juan, Puerto Rico, 
(787) 706-2444.
    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 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 E.O. 13132 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) 
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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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 risk to safety that may 
disproportionately affect children.

Environment

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

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 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, 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) In a 100 yard radius surrounding a Liquefied Natural Gas (LNG) 
Carrier with product aboard on approach to Guayanilla Bay transiting 
north of Latitude 17 deg.57.00'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) 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.
    (c) The 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 
carriers via a Mariners marine broadcast.


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    Dated: October 3, 2000.
J.A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port.
[FR Doc. 00-27242 Filed 10-23-00; 8:45 am]
BILLING CODE 4910-15-P