[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Proposed Rules]
[Pages 6142-6143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2985]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP SAN JUAN 97-045]
RIN 2115-AA97


Safety Zone; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a permanent moving 
safety zone around Liquefied Petroleum Gas (LPG) ships transiting the 
waters of San Juan Harbor, San Juan, Puerto Rico. These regulations are 
needed to protect all vessels and the public from the safety hazards 
associated with the arrival and departure of LPG ships making port 
calls. During arrival and departure, these types of vessels use the 
Bar, Anegado and Army Terminal Channels. Due to their highly volatile 
cargoes, size, draft, and channel restrictions, LPG ships require use 
of the center of these channels for safe navigation and to promote the 
safety of life on the navigable waters.

DATES: Comments must be received on or before March 9, 1998.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Commanding 
Officer, Marine Safety Office San Juan, P.O. Box 9023666, Old San Juan, 
Puerto Rico 00902-3666. The telephone number is (787) 729-6800, 
extension 308 or 305. Comments will become part of the public docket 
and will be available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT:
LT Christopher K. Palmer, project officer, USCG Marine Safety Office 
San Juan, (787) 729-6800 x320.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify the rulemaking (COTP San Juan-97-045) and the specific section 
of this proposal to which each comment applies and give the reason for 
each comment.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to LT Palmer at the address under ADDRESSES. The 
request should include why a hearing would be beneficial. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a notice in the Federal Register.

Background and Purpose

    These regulations are needed to provide for the safety of life on 
navigable waters during the arrival and departure of LPG ships in San 
Juan Harbor, San Juan, Puerto Rico. These moving safety zones are 
necessary because of the significant risks associated with LPG ships 
due to their highly volatile cargoes, their size, draft, and channel 
restrictions. Historically, the Coast Guard has established a moving 
safety zone each time a LPG ship transits the waters of San Juan 
Harbor. Given the recurring nature of these port calls, and the dangers 
associated with 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, The safety zone will 
be established for a period commencing 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 Notice to Mariners 
to advise mariners, and advise the San Juan Port Control of the 
established safety zone in advance of the LPG ships arrival and 
departure. This safety zone will be effective only during the time 
indicated in the Broadcast Notice to Mariners.

Regulatory Evaluation

    This proposal 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. It 
has been exempted from review 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

[[Page 6143]]

expects the economic impact of this proposal 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 proposal 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 one day each week for three hours 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 
proposal and has concluded under paragraph 2.B.2.e(34)(g) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), that 
this proposal 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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, 6.04-6, and 160.5.

    2. A new section 165.754 is added to read as follows:


Sec. 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, 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, transmit 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. 300. 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 
on-scene 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: November 24, 1997.
B.M. Salerno,
Commander, U.S. Coast Guard, Captain of the Port, San Juan, PR.
[FR Doc. 98-2985 Filed 2-5-98; 8:45 am]
BILLING CODE 4910-14-M