[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Rules and Regulations]
[Pages 48614-48616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20171]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-059]
RIN 2115-AA97


Safety Zone Regulations; Guayanilla Bay, Guayanilla, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary 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 highly volatile cargo, size, and draft, the LNG vessel 
will require use of the center of the channel for safe navigation. 
These regulations are necessary for the protection of life and property 
on the navigable waters of the United States.

DATES: This rule becomes effective at 1 a.m. on July 9, 2000, and 
terminates at midnight on December 31, 2000. All times are Atlantic 
Standard Time (AST).

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket COTP San Juan 00-059, and are available for 
inspection and copying at the USCG Marine Safety Office San Juan, 
Rodriguez and Del Valle Building, 4th Floor, Calle San Martin, Road #2, 
Guaynabo, Puerto Rico, 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

[[Page 48615]]

at Coast Guard Marine Safety Office San Juan, Puerto Rico, (787) 706-
2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. It was impracticable to 
attempt to publish a NPRM for this situation due to the uncertainty 
surrounding the scheduling of the first LNG ship into the EcoElectrica 
facility.
    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 because of the imminent arrival of 
the first LNG ship into the EcoElectrica facility. Publishing an NPRM 
and delaying its effective date would be contrary to public safety 
since immediate action is needed to minimize potential danger to the 
public upon arrival of the LNG carrier.

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 established because of the significant risks LNG ships 
present with their highly volatile cargoes, their size, and draft. A 
safety zone will be established in a 100 yard radius surrounding an LNG 
carrier with product aboard while transiting north of Latitude 
17 deg.56.0'N in the waters of the Caribbean Sea and Guayanilla Bay, 
Puerto Rico. This Safety Zone remains in effect until the LNG vessel is 
alongside the Eco-Electrica waterfront facility in Guayanilla Bay. A 
Safety Zone will 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 remains in effect while the LNG vessel 
remains at the dock with product aboard or is transferring liquefied 
natural gas.
    We anticipate periodic arrivals of LNG carriers in Guayanilla Bay. 
Therefore, in conjunction with this temporary rule necessary for 
immediate arrivals, we will undertake a permanent rulemaking with 
opportunity for notice and comment.

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 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). The Coast Guard expects the economic impact of this proposal to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies 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 rule would have a significant economic effect 
upon 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. The 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.

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 rule so that they can better evaluate its effects 
on them and participate in the rulemaking process. If the rule would 
affect your small business, organization, or government jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking. 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 rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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 concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and

[[Page 48616]]

has determined under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, that this rule is categorically excluded from 
further environmental documentation because it is establishing a 
temporary Safety Zone.

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 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. 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. Temporary Sec. 165.T07-059 is added to read as follows:


Sec. 165.T00-059  Safety Zone; Guayanilla, Puerto Rico

    (a) Regulated Area. Temporary safety zones are established during 
the specified conditions: (1) In a 100 yard radius surrounding a 
Liquefied Natural Gas (LNG) Carrier with product aboard while 
transiting north of Latitude 17 deg.56.0' 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) 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.
    (c) Dates. These regulations become effective at 1 a.m. Atlantic 
Standard Time (AST) on July 9, 2000, and expire at 11:59 p.m. AST, 
December 31, 2000. Notifications of LNG vessel arrivals will be made 
using a Broadcast Notice To Mariners on VHF Channel 16.

    Dated: July 7, 2000.
J. A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port, San Juan, Puerto 
Rico.
[FR Doc. 00-20171 Filed 8-8-00; 8:45 am]
BILLING CODE 4910-15-U