Safety Zone; San Juan Harbor, San Juan, PR

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]

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