[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 60866-60867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24665]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 02-038]
RIN 2115-AA97


Safety Zones; Ponce Bay, Tallaboa Bay, and Guayanilla Bay, Puerto 
Rico and Limetree Bay, St. Croix, U.S. Virgin Islands

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing moving safety zones around all 
Liquefied Hazardous Gas (LHG) vessels with product aboard in the waters 
of the Caribbean Sea and the Bays of Ponce, Tallaboa, Guayanilla, 
Puerto Rico and Limetree Bay, U.S. Virgin Islands. This action is 
necessary due to the highly volatile nature of this cargo. This rule is 
necessary to enhance public and maritime safety by requiring vessel 
traffic to maintain a safe distance from these LHG vessels while they 
are underway.

DATES: This rule is effective October 28, 2002.

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 02-038] 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 Chip Lopez, Coast Guard 
Marine Safety Office San Juan, Puerto Rico, at (787) 706-2444.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 4, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zones; Ponce Bay, Tallaboa Bay, Guayanilla 
Bay, Puerto Rico, and Limetree Bay, St. Croix U.S.V.I.'' in the Federal 
Register (67 FR 38451). We received no letters commenting on the 
proposed rule. No public hearing was requested and none was held.

Background and Purpose

    These rules are needed to provide for the safety of life on 
navigable waters from the hazards associated with Liquified Hazardous 
Gas (LHG) carriers. The safety zones are needed because of the 
significant risks LHG ships present to public safety due to their size, 
draft, and volatile cargoes. We anticipate periodic arrivals of vessels 
carrying LHG in Ponce, Tallaboa and Guayanilla Bays, Puerto Rico and 
Limetree Bay, St. Croix, U.S. Virgin Islands. This rule will keep 
vessel traffic at least 100 yards away from LHG vessels thereby 
decreasing the risk of a collision, allision, or grounding.
    This rule establishes a 100-yard safety zone in the waters of the 
Caribbean Sea surrounding all LHG vessels with product aboard while 
transiting on approach to or departing from the following Ports, north 
of the latitudes indicated. Port of Ponce, Puerto Rico north of 
Latitude 17[deg]56.00' N. Ports of Tallaboa and Guayanilla, Puerto Rico 
north of Latitude 17[deg]57.00' N. Port of Limetree Bay, St. Croix, 
U.S. Virgin Islands north of 17[deg]39.00' N. All coordinates are NAD 
83. These safety zones remain in affect until the LHG vessel is safely 
moored. The Marine Safety Office San Juan will notify the maritime 
community of periods during which these safety zones will be in effect 
by providing advance notice of scheduled arrivals and departures on LHG 
carriers via a broadcast notice to mariners on VHF Marine Band Radio, 
Channel 16 (156.8 MHz).

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, 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. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, l979). 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 arrival of LHG carriers, 
the limited size of the safety zone, and the relatively sparse nature 
of other commercial traffic in Ponce, Tallaboa, Guayanilla, and 
Limetree Bays.

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.
    This 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 Ponce, Tallaboa, Guayanilla, and Limetree Bays 
while a LHG vessel transits and docks at a facility. 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 
because of the relative infrequent arrivals of LHG carriers, the 
limited size of the safety zone, and the relatively sparse nature of 
other commercial traffic in Ponce, Tallaboa, Guayanilla, and Limetree 
Bays.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 Lieutenant

[[Page 60867]]

Chip Lopez 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, Federalism, 
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 create 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.lD, 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, Security 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. Add Sec.  165.757 to read as follows:


Sec.  165.757  Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, 
Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.

    (a) Location. The following areas are established as a safety zones 
during the specified conditions:
    (1) Port of Ponce, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17[deg]57.0[min] N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Ponce, 
Puerto Rico (NAD 83). The safety zone remains in effect until the LHG 
vessel is docked.
    (2) Port of Tallaboa, Puerto Rico. A 100-yard radius surrounding 
all Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17[deg]56.0[min] N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Tallaboa, 
Puerto Rico (NAD 83). The safety zone remains in effect until the LHG 
vessel is docked.
    (3) Port of Guayanilla, Puerto Rico. A 100-yard radius surrounding 
all Liquefied Hazardous Gas (LHG) vessels around with product aboard 
while transiting north of Latitude 17[deg]57.0[min] N in the waters of 
the Caribbean Sea on approach to or departing from the Port of 
Guayanilla, Puerto Rico (NAD 83). The safety zone remains in effect 
until the LHG vessel is docked.
    (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard radius 
surrounding all Liquefied Hazardous Gas (LHG) vessels with product 
aboard while transiting north of Latitude 17[deg]39.0[min] N in the 
waters of the Caribbean Sea on approach to or departing from the Port 
of Limetree Bay, U.S.V.I. (NAD 83). The safety zone remains in effect 
until the LHG vessel is docked.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, anchoring, mooring or transiting in these 
zones is prohibited unless authorized by the Coast Guard Captain of the 
Port. The Marine Safety Office San Juan will notify the maritime 
community of periods during which these safety zones will be in effect 
by providing advance notice of scheduled arrivals and departures on LHG 
carriers via a broadcast notice to mariners on VHF Marine Band Radio, 
Channel 16 (156.8 MHz).

    Dated: September 16, 2002.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 02-24665 Filed 9-26-02; 8:45 am]
BILLING CODE 4910-15-P