27680 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations

and benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This final rule adopts the operating

hours which the Coast Guard believes to

be appropriate since the recreational

boaters that use this waterway seldom

transit during night time and thus, a

requirement for the bridge operator to be

present during all time periods, is

unwarranted. The Coast Guard believes

this final rule achieves the requirement

of balancing the navigational rights of

recreational boaters and the needs of

land based transportation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdiction

with populations of less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 32(e), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); § 117.255 also issued under

the authority of Pub. L. 102–587, 106 Stat.

5039.

2. Add § 117.082 to read as follows:

§ 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island

Bridge, mile 0.8, at New Rochelle, New

York, shall open on signal, except as

follows:

(1) two hours advance notice shall be

given for openings from 12 midnight to

6 a.m. from May 1st through October

31st by calling the number posted at the

bridge.

(2) twenty-four hours advance notice

shall be given for openings from 8 p.m.

to 8 a.m. from November 1st through

April 30th by calling the number posted

at the bridge.

(b) The owner of the bridge shall

provide, and keep in good legible

condition, clearance gauges with figures

not less than twelve (12) inches high

designed, installed, and maintained

according to the provisions of § 118.160

of this chapter.

Dated: May 6, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–13401 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP SAN JUAN 97–045]

RIN 2115–AA97

SZ; San Juan Harbor, San Juan, Puerto

Rico

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent moving safety

zone around Liquefied Petroleum Gas

(LPG) ships transiting the waters of San

Juan Harbor, San Juan, Puerto Rico. Due

to their highly volatile cargoes, size,

draft, and the local channel restrictions,

LPG ships require use of the center of

these channels for safe navigation These

regulations are necessary for the

protection of life and property on the

navigable waters of the Untied States.

DATES: This rule becomes effective June

19, 1998.

FOR FURTHER INFORMATION CONTACT:

LT Christopher K. Palmer, project

officer, USCG Marine Safety Office San

Juan, (787) 729–6800 x320.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 6, 1998, the Coast Guard

published a Notice of Proposed

Rulemaking (NPRM) in the Federal

Register (63 FR 6142). One comment

was received during the comment

period.

Background and Purpose

LPG vessels make the three-hour

transit through the waters of San Juan

Harbor on the average of once a week.

Historically, the Coast Guard has

established a temporary moving safety

zone each time an LPG ship transits the

waters of San Juan Harbor. These

vessels use the Bar, Anegado, and Army

Terminal Channels enroute to either the

Gulf Refinery Oil dock or the Catano Oil

dock. Temporary moving safety zones

are established for each transit because

of the significant risks LPG ships

present with their highly volatile

cargoes, their size, draft, and the local

channel restrictions which require that

LPGs use the center of the channel for

safe navigation. Given the recurring

nature of these port calls, the dangers

associated with LPG ships, and the need

to provide for the safety of live on

navigable waters during the arrival and

departure of LPG ships, the Coast Guard

is establishing a permanent moving

safety zone around these vessels during

their arrival and departure from San

Juan Harbor, San Juan, Puerto Rico.

The safety zone will be established in

an area one half mile around LPG ships

entering or departing San Juan Harbor.

Vessels will be prohibited from entering

the safety zone while the vessel is

transiting. The safety zone will be

activated when the vessel is one mile

north of San Juan Harbor #1 Sea Buoy,

and will cease once the vessel is moored

at either the Gulf Refinery Oil dock or

the Catano Oil dock. The Coast Guard

will assign a patrol, issue a Broadcast
Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations 27681

and Local Notice to Mariners, and

advise the San Juan Port Control of the

established safety zone in advance of

the LPG ships’ arrival and departure.

Discussions of Comments

The Coast Guard received one

comment suggesting that the regulations

should require a tug escort for all LPG

vessels entering and exiting San Juan

Harbor. The Coast Guard considered

this comment and determined that it is

not always necessary to assign an escort

tug. Therefore, the final rule does not

contain this requirement. The Coast

Guard will continue to evaluate each

LPG vessel arrival and departure on a

case by case basis for the necessity of

requiring a tug escort.

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 exempted it from review

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This conclusion is

based on the limited duration of the

moving safety zone, the extensive

advisories that will be made to the

affected maritime community and the

minimal restrictions the regulations will

place on vessel traffic. These regulations

will be in effect for a total of

approximately three hours per port call

for these vessels.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their field, and

governmental jurisdictions with

populations of less than 50,000.

Therefore, 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, as the regulations would only

be in effect approximately three hours

one day each week in a limited area of

San Juan Harbor.

Collection of Information.

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.)

Federalism.

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment.

The Coast Guard has considered the

environmental impact of this rule and

has concluded under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, that this action

is categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

is available in the docket for inspection

or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security Measures,

Waterways.

Final Regulations:

In consideration of the foregoing, the

Coast Guard amends subpart C of part

165 of Title 33, Code of Federal

Regulations as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.046 and 160.5.

2. A new § 165.754 is added to read

as follows:

§ 165.754 Safety Zone: San Juan Harbor,

San Juan, PR

(a) Regulated Area. A moving safety

zone is established in the following

area:

(1) The waters around Liquefied

Petroleum Gas ships entering San Juan

Harbor in an area one half mile around

each vessel, beginning one mile north of

the San Juan Harbor #1 Sea Buoy, in

approximate position 18–29.3N, 66–

07.6W and continuing until the vessel is

safely moored at either the Gulf Refinery

Oil dock or the Catano Oil dock in

approximate position 18–25.8N, 66–

06.5W. All coordinates referenced use

datum: NAD 83.

(2) The waters around Liquefied

Petroleum Gas ships departing San Juan

Harbor in an area one half mile around

each vessel beginning at either the Gulf

Refinery Oil dock or Catano Oil dock in

approximate position 18–25.8N, 66–

06.5W when the vessel gets underway,

and continuing until the stern passes

the San Juan Harbor #1 Sea Buoy, in

approximate position 18–28.3N, 66–

07.6W. All coordinates referenced use

datum: NAD 83.

(b) Regulations. (1) No person or

vessel may enter, transit or remain in

the safety zone unless authorized by the

Captain of the Port, San Juan, Puerto

Rico, or a designated Coast Guard

commissioned, warrant, or petty officer.

(2) Vessels encountering emergencies

which require transit through the

moving safety zone should contact the

Coast Guard patrol craft on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol craft

may authorize a vessel to transit through

the safety zone with a Coast Guard

designated escort.

(3) The Captain of the Port and the

Duty Officer at Marine Safety Office,

San Juan, Puerto Rico, can be contacted

at telephone number (787) 729–6800

ext. 140. The Coast Guard Patrol

Commander enforcing the safety zone

can be contacted on VHF–FM channels

16 and 22A.

(4) The Marine Safety Office San Juan

will notify the marine community of

periods during which these safety zones

will be in effect by providing advance

notice of scheduled arrivals and

departures of Liquefied Petroleum Gas

vessels via a marine broadcast Notice to

Mariners.

(5) Should the actual time of entry of

the Liquefied Petroleum Gas vessel vary

more than one half hour from the

scheduled time stated in the broadcast

Notice to Mariners, the person directing

the movement of the Liquefied

Petroleum Gas vessel shall obtain

permission from Captain of the Port San

Juan before commencing the transit.

(6) All persons and vessels shall

comply with the instructions of onscene patrol personnel. On-scene patrol

personnel include commissioned,

warrant, or petty officers of the U.S.

Coast Guard. Coast Guard Auxiliary and

local or state officials may be present to

inform vessel operators of the

requirements of this section, and other

applicable laws.

Dated: May 11, 1998.

B.M. Salerno,

Commander, U.S. Coast Guard, Captain of

the Port, San Juan, PR.

[FR Doc. 98–13399 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–15–M