[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Pages 27680-27681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13399]


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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.

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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

[[Page 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 Sec. 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 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 
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: 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