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28 May 2008
[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Proposed Rules]
[Page 30555-30559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-21]
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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,
[[Page 30556]]
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
[[Page 30557]]
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
[[Page 30558]]
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.
BILLING CODE 4910-15-P
[[Page 30559]]
[GRAPHIC] [TIFF OMITTED] TP28MY08.005
[FR Doc. E8-11864 Filed 5-27-08; 8:45 am]
BILLING CODE 4910-15-C