[Federal Register: August 1, 2003 (Volume 68, Number 148)]
[Rules and Regulations]
[Page 45164-45165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au03-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-102]
RIN 1625-AA00
Safety and Security Zones; Chesapeake Bay, Maryland and
Tributaries
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing moving and fixed safety and
security zones on the waters of the Chesapeake Bay and its tributaries
for vessels carrying Liquefied Natural Gas (LNG) in the Captain of the
Port (COTP) Baltimore zone. These zones are necessary to provide for
the safety and security of these vessels in response to potential
terrorist acts. This rule enhances public and maritime safety and
security by requiring vessel traffic to maintain a safe distance from
these vessels while they are transiting, anchored, or moored in the
COTP Baltimore zone.
DATES: This rule is effective from 8 a.m. local time on July 24, 2003
through August 20, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-03-102 and are available for inspection or
copying at Commander, U.S. Coast Guard Activities, 2401 Hawkins Point
Road, Building 70, Port Safety, Security and Waterways Management
Branch, Baltimore, Maryland, 21226-1791, between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Charles Bright, at Coast
Guard Activities Baltimore, Port Safety, Security and Waterways
Management Branch, at telephone number (410) 576-2676 or (410) 576-
2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 20, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety and Security Zones; Chesapeake Bay, Maryland
and Tributaries'' in the Federal Register (68 FR 13649). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The final rule was published in
the Federal Register (68 FR 43309) on July 22, 2003, but is not
effective until August 21, 2003. However, imminent arrival of affected
vessels creates an immediate need for this temporary rule until the
final rule becomes effective.
Background and Purpose
In light of the terrorist attacks on the World Trade Center
buildings in New York, NY and the Pentagon in Arlington, VA on
September 11, 2001, safety and security zones are being established to
safeguard certain types of vessels and the public from sabotage or
other subversive acts, accidents, or other events of a similar nature,
and to protect persons, vessels, and others in the maritime community
from the hazards associated with the transit and limited
maneuverability of these vessels. These safety and security zones
prohibit entry into or movement within the specified areas.
This rule establishes safety and security zones around vessels
carrying LNG while underway, anchored, or moored in the waters of the
Chesapeake Bay and its tributaries. This rule creates safety and
security zones within navigable waters of the United States in the COTP
Baltimore zone, as defined in 33 CFR 3.25-15. While the COTP
anticipates some impact on vessel traffic due to this regulation, these
safety and security zones are deemed necessary for the protection of
life, property, and the safety and security of navigation within the
COTP Baltimore zone.
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 Homeland
Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This finding is based on the
limited size of the zones, the minimal time that vessels will be
restricted from the zones, and vessels may transit around the zones. In
addition, vessels that may need to enter the zones may request
permission on a case-by-case basis from the COTP Baltimore or his
designated representatives.
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 would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit in a portion of the Chesapeake Bay and its tributaries near
a vessel encompassed by the safety and security zones. Because the
zones are of limited size and duration, it is expected that there will
be minimal disruption to the maritime community. In addition, smaller
vessels, which are more likely to be small entities, may transit around
the zones and request permission from the COTP Baltimore on a case-by-
case basis to enter the zones.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), 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. If the
rule would affect your small business and you have questions concerning
its provisions or options for compliance, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
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).
[[Page 45165]]
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.
Environment
We have analyzed this 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 concluded 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 because this rule establishes a safety and
security zone. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be 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, 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-1, 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.T05-102 to read as follows:
Sec. 165.T05-102 Safety and Security Zones; Chesapeake Bay, Maryland.
(a) Definition. Liquefied Natural Gas (LNG) means a material
defined in 33 CFR 127.005.
(b) Location. The following areas are a safety and security zone:
All waters of the Chesapeake Bay and its tributaries, from surface to
bottom, within a 500 yard radius around vessels transporting LNG while
transiting, anchored, or moored within the COTP Baltimore zone.
(c) Regulations. (1) The COTP will notify the maritime community of
periods during which the safety and security zones will be enforced by
providing notice in accordance with 33 CFR 165.7.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard COTP, Baltimore, Maryland or his
designated representative.
(3) Persons desiring to transit the area of the security zone may
contact the COTP at telephone number 410-576-2693 or on VHF channel 16
(156.8 MHz) to seek permission to transit the area. If permission is
granted, all persons and vessels must comply with the instructions of
the COTP or his or her designated representative.
Dated: July 23, 2003.
Curtis A. Springer,
Captain, Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-19544 Filed 7-31-03; 8:45 am]
BILLING CODE 4910-15-P