[Federal Register: December 30, 2003 (Volume 68, Number 249)]
[Rules and Regulations]
[Page 75134-75136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-204]
RIN 1625-AA00
Safety/Security Zone; Cove Point Liquefied Natural Gas Terminal,
Chesapeake Bay, Maryland
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety/security zone at the
Cove Point Liquefied Natural Gas (LNG) Terminal. This is in response to
the re-opening of the terminal by Dominion Power in July 2003. This
safety and security zone is necessary to help ensure public safety and
security. The zone will prohibit vessels and persons from entering a
well-defined area of 500 yards in all directions around the Cove Point
LNG Terminal.
DATES: This rule is effective from January 6, 2004, through January 28,
2004.
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 [CGD05-03-204] 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 Dulani Woods, at Coast
Guard Activities Baltimore, Port Safety, Security and Waterways
Management Branch, at telephone number (410) 576-2513.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 20, 2003, we published a notice of proposed rulemaking
(NPRM) in the Federal Register entitled ``Safety and Security Zone;
Cove Point Liquefied Natural Gas Terminal, Chesapeake Bay, Maryland''
(68 FR 13647). In it we proposed a permanent safety and security zone.
And in response to a request for a public meeting, we announced a June
5, 2003 public meeting and reopened the comment period to June 12,
2003. (68 FR 26247, May 15, 2003). On August 1, 2003, we published a
temporary final rule (TFR) entitled ``Safety and Security Zone; Cove
Point Natural Gas Terminal, Chesapeake Bay, MD,'' in the Federal
Register (68 FR 45165), that expired on September 26, 2003. On
September 26, 2003, we issued a TFR entitled ``Safety/Security Zone;
Cove Point Natural Gas Terminal, Chesapeake Bay, MD,'' and published
this TFR in the Federal Register on October 16, 2003 (68 FR 59538).
That temporary final rule will expire January 5, 2004. The final rule
is being published elsewhere in this same issue of the Federal Register
and will become effective January 29, 2004.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking and under 5
U.S.C. 553(d)(3) for making this rule effective less than 30 days after
publication in the Federal Register. It took longer to resolve issues
related to the final rule than we expected at the time we issued the
last TFR. This new TFR is necessary because it would be contrary to
public interest not to maintain a temporary safety and security zone
until the final rule becomes effective January 29, 2004, at which time
this temporary rule will be removed.
Background and Purpose
In preparation for the re-opening of the LNG terminal at Cove
Point, MD, the Coast Guard is evaluating the current safety zone
established in 33 CFR 165.502. This safety zone was established during
the initial operation of the terminal in 1979 and includes both the
terminal and associated vessels. To better manage the safety and
security of the LNG terminal, this proposed rule incorporates necessary
security provisions and changes the size of the zone. This rule
establishes a 500 yard combined safety zone and security zone in all
directions around the LNG terminal at Cove Point.
Based on the September 11, 2001 terrorist attacks on the World
Trade Center buildings in New York, NY and the Pentagon building in
Arlington, VA, there is an increased risk that subversive activity
could be launched by vessels or persons in close proximity to the Cove
Point LNG Terminal. 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 Espionage Act of June 15, 1917, as amended by the Magnuson Act of
August 9, 1950 (50 U.S.C. 191 et seq.) (``Magnuson Act''), section 104
of the Maritime Transportation Security Act of November 25, 2002, and
by 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.
Discussion of Rule
This temporary final rule is identical to the previous rules
published in the Federal Register on August 1, 2003 (68 FR 45165), and
October 16, 2003 (68 FR 59538). The Coast Guard was unable to publish
an extension to this rule. However, the practical effect of this new
temporary final rule is the same and continues the safety and security
zone currently in effect.
The Coast Guard is establishing a temporary safety/security zone on
specified waters of the Chesapeake Bay near the Cove Point Liquefied
Natural Gas Terminal to reduce the potential threat that may be posed
by vessels or persons that approach the terminal. The zone will extend
500 yards in all directions from the terminal. The effect will be to
prohibit vessels or persons entry into the security zone, unless
specifically authorized by the Captain of the Port, Baltimore,
Maryland. Federal, state and local agencies may assist the Coast Guard
in the enforcement of this rule.
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). This regulation is of limited size, and vessels may
transit around the zone.
There may be some adverse effects on the local maritime community
that has been using the area as a fishing ground. Since the terminal
has not been in operation, the Coast Guard has not enforced the current
zone under 33 CFR 165.502. Commercial vessel operators have been using
the area on a regular
[[Page 75135]]
basis for commercial fishing, passenger tours, and fishing parties.
Enforcement of the proposed zone or the current zone would prohibit
these commercial vessel operators from using this area.
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 proposed rule would affect the following entities, some
of which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Chesapeake Bay near
the Cove Point LNG Terminal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
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 affect 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 security zone.
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 record
keeping requirements, Security measures, 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. 1226,1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191,195; 33 CFR 1.05-1(g), 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. From January 6, 2004, through February 4, 2004, add Sec. 165.T05-
204 to read as follows:
Sec. 165.T05-204 Safety and Security Zone; Cove Point Liquefied
Natural Gas Terminal, Chesapeake Bay, Maryland.
(a) Location. The following area is a safety and security zone: All
waters of the Chesapeake Bay, from surface to bottom, encompassed by
lines connecting the following points, beginning at 38[deg]24'27'' N,
076[deg]23'42'' W, thence to 38[deg]24'44'' N, 076[deg]23'11'' W,
thence to 38[deg]23'55'' N, 076[deg]22'27'' W, thence to 38[deg]23'37''
N, 076[deg]22'58'' W, thence to beginning at 38[deg]24'27'' N,
076[deg]23'42'' W. These coordinates are based upon North American
Datum (NAD) 1983. This area is 500 yards in all directions from the
Cove Point LNG terminal structure.
(b) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23
[[Page 75136]]
and 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Baltimore, Maryland or his designated representative. Designated
representatives include any Coast Guard commissioned, warrant, or petty
officer.
(2) Persons desiring to transit the area of the zone may contact
the Captain of the Port at telephone number (410) 576-2693 or via VHF
Marine Band Radio 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 Captain of the Port or his designated
representative.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, local, and private
agencies.
Dated: December 15, 2003.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-31788 Filed 12-29-03; 8:45 am]
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