[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Rules and Regulations]
[Page 79856-79858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 02-010]
RIN 2115-AA97
Security Zones; Liquefied Hazardous Gas Tank Vessels, San Pedro
Bay, CA
AGENCY: Coast Guard, (DOT).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing moving and fixed security
zones around liquefied hazardous gas (LHG) tank vessels located on San
Pedro Bay, California, near the ports of Los Angeles and Long Beach.
This action is necessary to ensure public safety and prevent sabotage
or terrorist acts against these vessels. Persons and vessels are
prohibited from entering these security zones without permission of the
Captain of the Port.
DATES: This rule is effective from 11:59 p.m. PST on December 21, 2002,
to 11:59 p.m. PST on March 21, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Los Angeles-Long Beach 02-010 and
are available for inspection or copying at U.S. Coast Guard Marine
Safety Office/Group Los Angeles-Long Beach, 1001 South Seaside Avenue,
Building 20, San Pedro, California, 90731 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Rob Griffiths,
Assistant Chief of Waterways Management Division, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM because the threat of maritime
attacks is real and imminent.
The October 6, 2002, attack of a French oil tanker off the coast of
Yemen and the continuing threats to U.S. assets as described in the
President's finding in Executive Order 13273 of August 21, 2002 in the
Federal Register (67 FR 56215, September 3, 2002) demonstrate continued
disturbances that further endanger the security and international
relations of the United States. See also Continuation of the National
Emergency with Respect to Certain Terrorist Attacks of September 13,
2002 in the Federal Register (67 FR 58317); Continuation of the
National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism September 20, 2002 in the Federal Register
(67 FR 59447). As a result, a heightened level of security continues to
be maintained around all liquefied hazardous gas (LHG) tank vessels
near the ports of Los Angeles and Long Beach. These security zones are
needed to protect the United States and more specifically the people,
waterways, and properties near San Pedro Bay.
Although we had anticipated using the effective period of the
current temporary final rule to engage in notice and comment
rulemaking, the Captain of the Port has decided to extend the effective
period for 3 months to allow sufficient time to properly develop
permanent regulations tailored to the present and foreseeable security
environment. This extension preserves the status quo within the Port
while a permanent rule is developed.
For the reasons stated in the paragraphs above under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register.
Background and Purpose
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. In addition, the ongoing hostilities in Afghanistan and
growing tensions in Iraq have made it prudent for U.S. ports to be on a
higher state of alert because the al Qaeda organization and other
similar
[[Page 79857]]
organizations have declared an ongoing intention to conduct armed
attacks on U.S. interests worldwide.
In this particular rulemaking, to address the aforementioned
security concerns and to take steps to prevent the catastrophic impact
that a terrorist attack against a LHG tank vessel would have on the
public interest, the Coast Guard has temporarily suspended current LHG
safety zone regulations and temporarily replaced them with security
zones around and under any LHG tank vessels entering, departing, or
moored within the ports of Los Angeles and Long Beach. These security
zones will help the Coast Guard to prevent vessels or persons from
engaging in terrorist actions against LHG tank vessels.
Current regulations issued under 33 CFR 165.1151 provide for safety
zones around LHG tank vessels that are anchored, moored, or underway
near the Los Angeles-Long Beach port areas. However, these safety zones
are inadequate to address increased security requirements for LHG tank
vessels.
On January 28, 2002, we published a temporary final rule (TFR)
entitled ``Security Zones; San Pedro Bay, California'' in the Federal
Register (67 FR 3814). In that rule, which expired on June 15, 2002, we
temporarily replaced the LHG safety zones with security zones of a
similar size and location.
On June 19, 2002, we published a TFR entitled ``Security Zones;
Liquefied Hazardous Gas Tank Vessels, San Pedro Bay, CA'' in the
Federal Register (67 FR 41625). In that rule, which is set to expire on
December 21, 2002, we continue to temporarily replace the safety zones
with security zones for LHG tank vessels near Los Angeles-Long Beach.
Although we had anticipated using the effective period of this TFR to
engage in notice and comment rulemaking, the Captain of the Port has
decided to extend the effective period again to allow sufficient time
to properly develop permanent regulations tailored to the present and
foreseeable security environment. Accordingly, this rulemaking extends
the effective period of the temporary security zones for 3 months.
Discussion of Rule
This rule establishes a security zone in the waters of San Pedro
Bay around all LHG tank vessels that are anchored, moored, or underway
within the Los Angeles or Long Beach port area. These security zones
will take effect upon entry of any LHG tank vessel into the waters
within 3 nautical miles outside the Federal breakwaters encompassing
San Pedro Bay and will remain in effect until that vessel departs the 3
nautical mile limit. Vessels covered by a security zone can be
additionally identified by an on-scene escorting law enforcement vessel
with a blue flashing light. The following areas are security zones:
(1) The waters within a 500-yard radius around a LHG tank vessel
that is anchored at a designated anchorage either inside the Federal
breakwaters bounding San Pedro Bay or outside at designated anchorages
within 3 nautical miles of the breakwater;
(2) The waters within a 500 yard radius around a LHG tank vessel
that is moored at any berth within the Los Angeles or Long Beach port
area;
(3) The waters within 1,000 yards ahead and 500 yards on all other
sides of a LHG tank vessel that is underway on the waters either inside
the Federal breakwaters bounding San Pedro Bay or on the waters within
3 nautical miles of the breakwater.
These security zones are needed for national security reasons to
protect LHG tank vessels, the public, transiting vessels, adjacent
waterfront facilities and the ports from potential subversive acts,
accidents, or other events of a similar nature. Entry into these moving
or fixed security zones is prohibited unless authorized by the Captain
of the Port. Vessels already moored or anchored when these security
zones take effect will not be required to get underway to avoid either
the moving or fixed zones unless specifically ordered to do so by the
Captain of the Port or his designated representative.
In its effort to thwart terrorist activity, the Coast Guard has
increased safety and security measures on U.S. ports and waterways. As
part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L.
99-399), Congress amended section 7 of the Ports and Waterways Safety
Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions,
including the establishment of security and safety zones, to prevent or
respond to acts of terrorism against individuals, vessels, or public or
commercial structures. The Coast Guard also has authority to establish
security zones pursuant to the Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing
regulations promulgated by the President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal Regulations.
Vessels or persons violating this section will be subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33
U.S.C. 1232, any violation of the security zone described herein, is
punishable by civil penalties (not to exceed $27,500 per violation,
where each day of a continuing violation is a separate violation),
criminal penalties (imprisonment up to 6 years and a maximum fine of
$250,000), and in rem liability against the offending vessel. Any
person who violates this section, using a dangerous weapon, or who
engages in conduct that causes bodily injury or fear of imminent bodily
injury to any officer authorized to enforce this regulation, also faces
imprisonment up to 12 years. Vessels or persons violating this section
are also subject to the penalties set forth in 50 U.S.C. 192: seizure
and forfeiture of the vessel to the United States, a maximum criminal
fine of $10,000, and imprisonment up to 10 years, and a civil penalty
of not more than $25,000 for each day of a continuing violation.
The Captain of the Port will enforce these zones and may enlist the
aid and cooperation of any Federal, State, county, municipal, and
private agency to assist in the enforcement of the regulation. This
regulation is proposed under the authority of 33 U.S.C. 1226 in
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C.
1231.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979) because these zones will
encompass a small portion of the waterway for a limited period of time.
Delays, if any, are expected to be less than 30 minutes in duration.
Vessels and persons may be allowed to enter these zones on a case-by-
case basis with permission of the Captain of the Port.
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.
[[Page 79858]]
We expect this rule will affect the following entities, some of
which may be small entities: The owners and operators of private and
commercial vessels intending to transit or anchor in a small portion of
the ports of Los Angeles or Long Beach near a LHG tank vessel that is
covered by these security zones. The impact to these entities would
not, however, be significant since these security zones will encompass
a small portion of the waterway for a limited period of time. Delays,
if any, are expected to be less than 30 minutes in duration.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If this rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provision or
operations for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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).
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because we are establishing security zones.
A ``Categorical Exclusion Determination'' is available in the docket
for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
Sec. 165.1151 [Suspended]
2. Temporarily suspend Sec. 165.1151 from 11:59 p.m. PST December
21, 2002 through 11:59 p.m. PST March 21, 2003.
3. Revise temporary Sec. 165.T11-066(f) to read as follows:
Sec. 165.T11-066 Security Zones; Liquefied Hazardous Gas Tank
Vessels, San Pedro Bay, California.
* * * * *
(f) Effective period. This section is effective from 11:59 p.m. PST
on December 21, 2002, through 11:59 p.m. PST on March 21, 2003.
* * * * *
Dated: December 20, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 02-33017 Filed 12-30-02; 8:45 am]
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