
[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
