[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Rules and Regulations]
[Pages 16869-16871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7624]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00-095]
RIN 2115-AA97


Safety Zone Regulations; Guayanilla Bay, Guayanilla, PR

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a moving and fixed safety zone 
around all vessels carrying Liquefied Natural Gas (LNG) as cargo in the 
waters of the Caribbean Sea in Guayanilla Bay, Puerto Rico. This 
precaution is required because of the size, draft and highly volatile 
cargo of LNG vessels. These regulations are necessary for the 
protection of life and property on the navigable waters of the United 
States.

DATES: This rule is effective April 27, 2001.

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 00-095] and are available for 
inspection or copying at Coast Guard Marine Safety Office San Juan, 
Rodriguez and Del Valle Building, San Martin Street, Carr. #2, Km. 4.9, 
Guaynabo, Puerto Rico, 00968, between the hours of 7 a.m. and 3:30 
p.m., Monday through Friday, excluding Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Robert Lefevers 
at Coast Guard Marine Safety Office San Juan, Puerto Rico, (787) 706-
2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 24, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled: Safety Zone Regulations; Guayanilla Bay, Guayanilla, 
Puerto Rico, in the Federal Register (65 FR 63558). We received no 
letters commenting on the proposed rule. No public hearing was 
requested and none was held.

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 needed because of the significant dangers LNG vessels present 
with their highly volatile cargoes, their size, and draft. We 
anticipate periodic arrivals and departures of LNG carriers at the Eco-
Electricia waterfront facility in Guayanilla Bay.
    This rule establishes a moving safety zone in a 100 yard radius 
surrounding a vessel carrying LNG product while transiting north of 
Latitude 17 deg.56.0'N on approach to or departure from the Eco-
Electrica waterfront facility in Guayanilla Bay, Puerto Rico. This 
moving safety zone remains in effect until the LNG vessel is alongside 
the Eco-Electrica waterfront facility in

[[Page 16870]]

Guayanilla Bay, or south of Latitude 17 deg.56.0'N. A fixed safety zone 
is established in the waters within 150 feet of a LNG vessel when the 
vessel is moored at the Eco-Electrica waterfront facility. This Safety 
Zone remains in effect while the LNG vessel is docked at the facility 
with product aboard or while the vessel is transferring liquefied 
natural gas.
    Coast Guard Marine Safety Office San Juan will notify the maritime 
community of periods when the safety zone is in effect via a marine 
broadcast Notice to Mariners.

Discussion of Comments and Changes

    No comments were received on the proposed rule.

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). We expect the economic impact of this rule 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 limited 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 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 
would 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 while a LNG vessel 
transits and docks at the Eco-Electrica facility.
    This rule will not have a significant economic impact on a 
substantial number of small entities because of the relatively 
infrequent LNG vessel arrivals into Guayanilla Bay and the short 
transit time into the Bay. Vessel traffic will not be impeded while a 
LNG carrier is moored to the dock at the Eco-Electrica facility because 
vessel traffic can safely pass around the safety zone. We will also 
issue marine information broadcasts to the public in advance of LNG 
vessel arrivals and departures in Guayanilla Bay.

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. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Robert Lefevers at (787) 
706-2444 for assistance in understanding 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 businesses. 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 would not impose an unfunded 
mandate.

Taking of Private Property

    This rule would 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 
rule and has determined that, under figure 2-1, paragraph (34)g, of 
Commandant Instruction M16475.lC, that this rule is categorically 
excluded from further environmental documentation.

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. Section 165.755 is added to read as follows:


Sec. 165.755  Safety Zone; Guayanilla, Puerto Rico

    (a) The following area is established as a safety zone during the 
specified conditions:
    (1) A 100 yard radius surrounding a vessel carrying Liquefied 
Natural Gas (LNG) while transiting north of Latitude 17 deg.56.0'N in 
the waters of the Caribbean Sea, on approach to or departure from the 
Eco-Electrica waterfront facility in Guayanilla Bay, Puerto Rico. The 
safety

[[Page 16871]]

zone remains in effect until the LNG vessel is docked at the Eco-
Electrica waterfront facility or south of Latitude 17 deg.56.0'N.
    (2) The waters within 150 feet of a LNG vessel when the vessel is 
alongside the Eco-Electrica waterfront facility in Guayanilla Bay, at 
position 17 deg.58.55'N, 066 deg.45.3'W. This safety zone remains in 
effect while the LNG vessel is docked with product aboard or is 
transferring liquefied natural gas.
    (b) 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) The Coast Guard Marine Safety Office San Juan will notify the 
maritime community of periods during which the safety zones will be in 
effect by providing advance notice of scheduled arrivals and departures 
of LNG vessels via a marine broadcast Notice to Mariners.

    Dated: March 15, 2001.
J.A. Servidio,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-7624 Filed 3-27-01; 8:45 am]
BILLING CODE 4910-15-P