[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Proposed Rules]
[Pages 30555-30559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0075]
RIN 1625-AA00


Safety Zone: Port of Ponce, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish moving and fixed safety 
zones around all vessels carrying Liquefied Natural Gas (LNG) cargo in 
the waters of the Caribbean Sea and Bahia de Ponce, Puerto Rico. This 
action will protect the public from the inherent dangers of this highly 
volatile material by requiring vessel traffic to maintain a safe 
distance from LNG vessels operating near shore.

DATES: Comments and related material must reach the Coast Guard on or 
before July 28, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2007-0075 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday,

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except Federal holidays. The telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Ensign Rachael E. Love, Sector San Juan, Prevention 
Department, Waterways & Facilities Division, at (787) 289-2071. If you 
have questions on viewing or submitting material to the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2007-0075), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG.2007-0075) 
in the search box, and click ``GO>>''. You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Sector San Juan, Prevention Department between 7:30 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    This rule is necessary to provide for the safety of life at sea by 
excluding vessel traffic from the waters immediately adjacent to 
liquefied natural gas (LNG) carriers. LNG in any quantity poses a risk 
of fire or explosion due to its highly volatile nature. LNG carried by 
tank ships in bulk quantities can be hazardous to a port if sufficient 
precaution is not taken to reduce this risk. The proposed rule would 
require vessel traffic to maintain a 100-yard separation from LNG 
vessels transiting the harbor and 150-foot separation from LNG vessels 
moored pier-side. The purpose of this rule is to minimize the risk of 
vessel collision or allision with an LNG carrier, thereby reducing the 
risk of fire or explosion.

Discussion of Proposed Rule

    This proposed rule would establish the following moving and fixed 
safety zones: A 100-yard zone surrounding all LNG vessels transiting 
north of Latitude 17[deg]54'00'' N en route to or from the Puerto de 
Ponce waterfront facility in Bahia de Ponce, Puerto Rico; and a 150-
foot zone surrounding all LNG vessels moored at the Puerto de Ponce 
waterfront facility in Bahia de Ponce, Puerto Rico. The Coast Guard 
will notify the public of effective periods by providing a broadcast 
notice to mariners on VHF Marine Band Radio, Channel 22A (156.8 MHz).

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary due to the 
infrequent arrival of LNG carriers and the small amount of commercial 
vessel traffic in Bahia de Ponce.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit a portion of Bahia de Ponce 
when an LNG vessel is transiting the harbor or moored at the Puerto de 
Ponce waterfront facility. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: The Port of Ponce receives only a few 
commercial vessel arrivals per week, and recreational boating traffic 
can easily transit around the regulated area.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

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Fairness Act of 1996 (Pub. L. 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 the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding and 
participating in this rulemaking. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, and Waterways.

Words of Issuance and Proposed Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1.

    2. Add Sec.  165.771 to read as follows:


Sec.  165.771  Safety Zone; Bahia de Ponce, Puerto Rico.

    (a) Location. The following area is established as a safety zone 
during the specified conditions:
    (1) A 100 yard radius around any vessel carrying liquefied natural 
gas (LNG) cargo while transiting north of Latitude 
17[deg]54[min]00[sec] N in the waters of the Caribbean Sea and the 
Bahia de Ponce, on approach to or departure from the Puerto de Ponce 
waterfront facility in Bahia de Ponce.
    (2) The waters within 150 feet of any vessel carrying LNG cargo 
while moored at the Puerto de Ponce waterfront facility in Bahia de 
Ponce, between berths 4 and 7 at approximate position 
17[deg]58[min]12[sec] N, 066[deg]37[min]08[sec] W.
    (b) Definitions. The following definitions apply to this section:
    Designated Representative means Coast Guard Patrol Commander 
including Coast Guard coxswains, petty officers and other officers 
operating

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Coast Guard vessels and federal, state, and local officers designated 
by or assisting the COTP San Juan in the enforcement of the safety 
zone.
    (c) 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 or a designated representative. Persons and vessels desiring to 
transit the Regulated Area may contact the U.S. Coast Guard Captain of 
the Port San Juan at telephone number 787-289-2041 or on VHF channel 16 
(156.8 MHz).
    (d) Enforcement periods. The Coast Guard will notify the maritime 
community of effective periods via a broadcast notice to mariners on 
VHF Marine Band Radio, Channel 22A (156.8 MHz).

    Dated: May 2, 2008.
R.R. Rodriguez,
Commander, U.S. Coast Guard, Acting Captain of the Port San Juan.
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[FR Doc. E8-11864 Filed 5-27-08; 8:45 am]
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