54950 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the event area. 

(d) Effective period. This section will 

be enforced from 7 a.m. to 3:30 p.m. on 

September 21, 2008. 

Dated: September 15, 2008. 

Fred M. Rosa, Jr., 

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

Fifth Coast Guard District. 

[FR Doc. E8–22429 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0075] 

RIN 1625–AA00 

Safety Zone: Port of Ponce, Puerto 

Rico 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established both moving and fixed 

safety zones around all vessels carrying 

Liquefied Natural Gas (LNG) cargo in 

the waters of the Caribbean Sea and 

Bahia de Ponce, Puerto Rico. This rule 

is necessary to protect the public by 

minimizing the chance of collisions of 

vessels carrying this inherently 

dangerous and highly volatile material. 

This rule requires vessel traffic to 

maintain a safe distance from LNG 

vessels operating near or moored in 

Ponce, Puerto Rico. 

DATES: This rule is effective October 24, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2007–0075 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the Sector 

San Juan, Prevention Operations 

Department, Waterways & Facilities 

Division, 5 La Puntilla, San Juan, PR 

00901 between 7:30 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Ensign Rachael Love of Sector 

San Juan, Prevention Operations 

Department at (787)–289–2071. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 28, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Port of Ponce, 

Puerto Rico in the Federal Register (73 

FR 30555). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

This rule is necessary to provide for 

the safety of life at sea by excluding 

vessel traffic from the waters 

immediately adjacent to LNG carriers. 

LNG in any quantity poses a risk of fire 

or explosion due to its highly volatile 

nature. LNG carried by tank ships in 

bulk quantities can be hazardous to a 

port if sufficient precaution is not taken 

to reduce this risk. The proposed rule 

would require vessel traffic to maintain 

a 100-yard separation from LNG vessels 

transiting the harbor and 150-foot 

separation from LNG vessels moored 

pierside. The purpose of this rule is to 

minimize the risk of vessel collision or 

allision with an LNG carrier, thereby 

reducing the risk of fire or explosion. 

Discussion of Comments and Changes 

No comments were received as a 

result of publishing the NPRM; therefore 

no changes have been made to the 

regulatory text. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary due to the infrequent 

arrival of LNG carriers and the small 

amount of commercial vessel traffic in 

Bahia de Ponce. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit a portion of 

Bahia de Ponce when an LNG vessel is 

transiting the harbor or moored at the 

Puerto de Ponce waterfront facility. This 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: The Port of Ponce 

receives only a few commercial vessel 

arrivals per week, and recreational 

boating traffic can easily transit around 

the regulated area. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54951 

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 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 discretionary regulatory actions. 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

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 create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

Energy Effects 

We have analyzed this 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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. An environmental 

analysis checklist and a categorical 

exclusion determination are 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, and 

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. 1226; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.771 to read as follows: 

§ 165.771 Safety Zone; Bahia de Ponce, 

Puerto Rico 

(a) Location. The following area is 

established as a safety zone during the 

specified conditions: 

(1) A 100 yard radius around any 

vessel carrying Liquefied Natural Gas 

(LNG) cargo while transiting north of 

Latitude 17°54′00′′ N in the waters of the 

Caribbean Sea and the Bahia de Ponce, 

on approach to or departure from the 

Puerto de Ponce waterfront facility in 

Bahia de Ponce. 

(2) The waters within 150 feet of any 

vessel carrying LNG cargo while moored 

at the Puerto de Ponce waterfront 

facility in Bahia de Ponce, between 

berths 4 and 7 at approximate position 

17°58′12′′N, 066°37′08′′ W. 

(b) Definitions. The following 

definitions apply to this section: 

Designated Representative means 

Coast Guard Patrol Commander 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels and federal, state, 

and local officers designated by or 

assisting the COTP San Juan in the 

enforcement of the safety zone. 

(c) 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 or a designated 

representative. Persons and vessels 

desiring to transit the Regulated Area 

may contact the U.S. Coast Guard 

Captain of the Port San Juan at 

telephone number 787–289–2041 or on 

VHF channel 16 (156.9 MHz). 

(d) Enforcement periods. The Coast 

Guard will notify the maritime 

community of effective periods via a 

broadcast notice to mariners on VHF 

Marine Band Radio, Channel 22A (156.8 

MHz). 


rwilkins on PROD1PC63 with RULES
54952 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

Dated: August 29, 2008. 

E. Pino, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. E8–22410 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0844] 

RIN 1625–AA00 

Safety Zone: Robert Moses Causeway 

Bridge State Boat Channel, Captree, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the State Boat 

Channel surrounding the Robert Moses 

Causeway located in Captree, New York. 

This safety zone is necessary to protect 

vessels transiting the area from hazards 

imposed by construction barges and 

equipment. Entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Long Island Sound, 

New Haven, CT. 

DATES: This rule will be effective from 

12:01 a.m. on September 8, 2008 until 

11:59 p.m on May 24, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0844 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

two locations: The Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays, 

and at Coast Guard Sector Long Island 

Sound, 120 Woodward Ave., New 

Haven, CT 06512 between 9 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call LT Douglas Miller, Chief of 

Waterways Management, Coast Guard 

Sector Long Island Sound at 203–468– 

4569. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate work is needed to ensure the 

continued safe operation of the Robert 

Moses Causeway Bridge which in turn 

makes the publication of a notice of 

proposed rulemaking and associated 

comment period impractical as it would 

delay the needed repair and 

replacement work on the bridge. 

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. A delay or cancellation of this 

ongoing construction project is not in 

the public interest. In addition, this 

safety zone is necessary to ensure the 

safety of the maritime public and 

construction workers through the 

completion of this bridge construction 

project. 

Background and Purpose 

Currently, the New York Department 

of Transportation is repairing the 

existing bascule and associated 

machinery of the Robert Moses 

Causeway Bridge located over the State 

Boat Channel in Captree, NY; these 

modifications are needed to ensure the 

continued safe operation of the bridge. 

To complete the modifications on the 

bridge, barges will need to block the 

waterway during the course of the 

project. To ensure the continued safety 

of the boating community, the Coast 

Guard is establishing a safety zone in all 

navigable waters of State Boat Channel 

within 100-yards of the Robert Moses 

Causeway Bridge. This safety zone is 

necessary to protect the safety of the 

boating community who wish to utilize 

the State Boat channel. Vessels may 

utilize the Great South Bay or Jones 

Inlet as an alternative route to using the 

State Boat Channel, adding minimal 

additional transit time. Marine traffic 

may also transit safely outside of the 

safety zone during the effective dates 

thus allowing navigation in all other 

areas of the State Boat Channel, except 

the portion delineated by this rule. 

Discussion of Rule 

This regulation establishes a 

temporary safety zone on the State Boat 

Channel within 100-yards to either side 

of the Robert Moses Causeway Bridge. 

This action is intended to prohibit 

vessel traffic in a portion of the State 

Boat Channel within 100 yards of the 

Robert Moses Causeway Bridge in 

Captree, NY and to provide for the 

safety of the boating community due to 

the hazards posed by construction 

equipment located in the waterway 

during the repair of the existing span. 

The effective period of this safety 

zone will be from 12:01 a.m. September 

8, 2008 until 11:59 p.m. on May 24, 

2009. Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Long Island Sound. 

Any violation of the safety zone 

described herein is punishable by, 

among other things, civil and criminal 

penalties, in rem liability against the 

offending vessel, and the initiation of 

suspension or revocation proceedings 

against Coast Guard-issued merchant 

mariner credentials. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This 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. 

This regulation may have some 

impact on the public, but the potential 

impact will be minimized for the 

following reasons: Vessels may transit 

in all areas of the State Boat Channel 

other than the area of the safety zone, 

and may utilize other routes with 

minimal increased transit time. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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. 


rwilkins on PROD1PC63 with RULES