[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Rules and Regulations]
[Page 54950-54952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se08-8]
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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: Final rule.
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SUMMARY: The Coast Guard has established both 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
rule is necessary to protect the public by minimizing the chance of
collisions of vessels carrying this inherently dangerous and highly
volatile material. This rule requires vessel traffic to maintain a safe
distance from LNG vessels operating near or moored in Ponce, Puerto
Rico.
DATES: This rule is effective October 24, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2007-0075 and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the Sector San
Juan, Prevention Operations Department, Waterways & Facilities
Division, 5 La Puntilla, San Juan, PR 00901 between 7:30 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Ensign Rachael Love of Sector San Juan, Prevention
Operations Department 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:
Regulatory Information
On May 28, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Port of Ponce, Puerto Rico in the Federal
Register (73 FR 30555). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.
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 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 pierside.
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 Comments and Changes
No comments were received as a result of publishing the NPRM;
therefore no changes have been made to the regulatory text.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
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 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 will
not have a significant economic impact on a substantial number of small
entities.
This rule may 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
will 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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). 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.
[[Page 54951]]
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
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, and Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226; 46 U.S.C. Chapter 701, 3306, 3703; 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.
0
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]54'00'' 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]58'12''N,
066[deg]37'08'' 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 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
(156.9 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).
[[Page 54952]]
Dated: August 29, 2008.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E8-22410 Filed 9-23-08; 8:45 am]
BILLING CODE 4910-15-P