[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Proposed Rules]
[Pages 6142-6143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2985]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP SAN JUAN 97-045]
RIN 2115-AA97
Safety Zone; San Juan Harbor, San Juan, PR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent moving
safety zone around Liquefied Petroleum Gas (LPG) ships transiting the
waters of San Juan Harbor, San Juan, Puerto Rico. These regulations are
needed to protect all vessels and the public from the safety hazards
associated with the arrival and departure of LPG ships making port
calls. During arrival and departure, these types of vessels use the
Bar, Anegado and Army Terminal Channels. Due to their highly volatile
cargoes, size, draft, and channel restrictions, LPG ships require use
of the center of these channels for safe navigation and to promote the
safety of life on the navigable waters.
DATES: Comments must be received on or before March 9, 1998.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Commanding
Officer, Marine Safety Office San Juan, P.O. Box 9023666, Old San Juan,
Puerto Rico 00902-3666. The telephone number is (787) 729-6800,
extension 308 or 305. Comments will become part of the public docket
and will be available for copying and inspection at the same address.
FOR FURTHER INFORMATION CONTACT:
LT Christopher K. Palmer, project officer, USCG Marine Safety Office
San Juan, (787) 729-6800 x320.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify the rulemaking (COTP San Juan-97-045) and the specific section
of this proposal to which each comment applies and give the reason for
each comment.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to LT Palmer at the address under ADDRESSES. The
request should include why a hearing would be beneficial. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a notice in the Federal Register.
Background and Purpose
These regulations are needed to provide for the safety of life on
navigable waters during the arrival and departure of LPG ships in San
Juan Harbor, San Juan, Puerto Rico. These moving safety zones are
necessary because of the significant risks associated with LPG ships
due to their highly volatile cargoes, their size, draft, and channel
restrictions. Historically, the Coast Guard has established a moving
safety zone each time a LPG ship transits the waters of San Juan
Harbor. Given the recurring nature of these port calls, and the dangers
associated with LPG ships, the Coast Guard is establishing a permanent
moving safety zone around these vessels during their arrival and
departure from San Juan Harbor, San Juan, Puerto Rico.
The safety zone will be established in an area one half mile around
LPG ships entering or departing San Juan Harbor, The safety zone will
be established for a period commencing when the vessel is one mile
north of San Juan Harbor #1 Sea Buoy, and will cease once the vessel is
moored at either the Gulf Refinery Oil dock or the Catano Oil dock. The
Coast Guard will assign a patrol, issue a Broadcast Notice to Mariners
to advise mariners, and advise the San Juan Port Control of the
established safety zone in advance of the LPG ships arrival and
departure. This safety zone will be effective only during the time
indicated in the Broadcast Notice to Mariners.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard
[[Page 6143]]
expects the economic impact of this proposal to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary. This conclusion is based
on the limited duration of the moving safety zone, the extensive
advisories that will be made to the affected maritime community and the
minimal restrictions the regulations will place on vessel traffic.
These regulations will be in effect for a total of approximately three
hours per port call for these vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses and not-for-profit organizations
that are independently owned and operated and are not dominant in their
field, and governmental jurisdictions with populations of less than
50,000.
Therefore, 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, as the regulations would only be in effect
approximately one day each week for three hours in a limited area of
San Juan Harbor.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 and it has been determined
that the rulemaking does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
proposal and has concluded under paragraph 2.B.2.e(34)(g) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), that
this proposal is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and Environmental
Analysis Checklist is available in the docket for inspection or
copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend subpart C of part 165 of Title 33, Code of Federal Regulations,
as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 160.5.
2. A new section 165.754 is added to read as follows:
Sec. 165.754 Safety Zone: San Juan Harbor, San Juan, PR.
(a) Regulated Area. A moving safety zone is established in the
following area:
(1) The waters around Liquefied Petroleum Gas ships entering San
Juan Harbor in an area one half mile around each vessel, beginning one
mile north of the San Juan Harbor #1 Sea Buoy, in approximate position
18-29.3N, 66-07.6W and continuing until the vessel is safely moored at
either the Gulf Refinery Oil dock or the Catano Oil dock in approximate
position 18-25.8N, 66-06.5W. All coordinates referenced use datum: NAD
83.
(2) The waters around Liquefied Petroleum Gas ships departing San
Juan Harbor in an area one half mile around each vessel beginning at
either the Gulf Refinery Oil dock or Catano Oil dock in approximate
position 18-25.8N, 66-06.5W, and continuing until the stern passes the
San Juan Harbor #1 Sea Buoy, in approximate position 18-28.3N, 66-
07.6W. All coordinates referenced use datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transmit or
remain in the safety zone unless authorized by the Captain of the Port,
San Juan, Puerto Rico, or a designated Coast Guard commissioned,
warrant, or petty officer. (2) Vessels encountering emergencies which
require transit through the moving safety zone should contact the Coast
Guard patrol craft on VHF Channel 16. In the event of an emergency, the
Coast Guard patrol craft may authorize a vessel to transit through the
safety zone with a Coast Guard designated escort.
(3) The Captain of the Port and the Duty Officer at Marine Safety
Office, San Juan, Puerto Rico, can be contacted at telephone number
(787) 729-6800 ext. 300. The Coast Guard Patrol Commander enforcing the
safety zone can be contacted on VHF-FM channels 16 and 22A.
(4) The Marine Safety Office San Juan will notify the marine
community of periods during which these safety zones will be in effect
by providing advance notice of scheduled arrivals and departures of
Liquefied Petroleum Gas vessels via a marine broadcast Notice to
Mariners.
(5) Should the actual time of entry of the Liquefied Petroleum Gas
vessel vary more than one half hour from the scheduled time stated in
the broadcast Notice to Mariners, the person directing the movement of
the Liquefied Petroleum Gas vessel shall obtain permission from Captain
of the Port San Juan before commencing the transit.
(6) All persons and vessels shall comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
Dated: November 24, 1997.
B.M. Salerno,
Commander, U.S. Coast Guard, Captain of the Port, San Juan, PR.
[FR Doc. 98-2985 Filed 2-5-98; 8:45 am]
BILLING CODE 4910-14-M
