[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Rules and Regulations]
[Page 13231-13233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 02-005]
RIN 1625-AA00 [Formerly RIN 2115-AA97]
Security Zone; Liquefied Hazardous Gas Tank Vessels San Pedro
Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising current safety zone regulations by
establishing security zones around and under all liquefied hazardous
gas (LHG) tank vessels located on San Pedro Bay, California, in and
near the ports of Los Angeles and Long Beach. These security zones are
needed for national security reasons to protect the public and ports
from potential subversive acts. Entry into these zones will be
prohibited unless specifically authorized by the Captain of the Port
Los Angeles-Long Beach.
DATES: This rule is effective March 21, 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 [COTP Los Angeles-Long Beach 02-005] 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
On December 27, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zones; Liquefied Hazardous Gas Tank Vessels
San Pedro Bay, CA'' in the Federal Register (67 FR 79014). We received
no letters commenting on the proposed rule. No public hearing was
requested, and none was held.
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) that expired on June 15, 2002. On June 19, 2002,
we published a similar TFR entitled ``Security Zones; Liquefied
Hazardous Gas Tank Vessels, San Pedro Bay, CA'' in the Federal Register
(67 FR 41625) that expired on December 21, 2002.
On December 31, 2002, we published a similar TFR entitled
``Security Zones; Liquefied Hazardous Gas Tank Vessels, San Pedro Bay,
CA'' in the Federal Register (67 FR 79856) that is set to expire on
March 21, 2003. The Captain of the Port has determined the need for
continued security regulations exists. Accordingly, this rulemaking
makes permanent the temporary security zones published in the Federal
Register on December 31, 2002.
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 Maritime Administration
recently issued a MARAD Advisory (03-01 (071900Z FEB 03)) informing
operators of maritime interests of increased threat possibilities to
vessels and facilities and a higher risk of terrorist attack to the
transportation community in the United States. The current TFR is set
to expire March 21, 2003 and any delay in the effective date of this
final rule is impractical and contrary to the public interest.
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 organizations have declared an ongoing intention to conduct
armed attacks on U.S. interests worldwide.
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. Section 104 of
the Maritime Transportation Security Act (MTSA) of 2002 (Pub. L. 107-
295, 116 Stat. 2064) extended the geographical reach of the Magnuson
Act to twelve nautical miles seaward of the baseline of the United
States and added civil penalty liability for violation. However, this
rulemaking does not exercise the full extent of the geographical limit
allowed by the PWSA and the recently amended Magnuson Act. The Coast
Guard retains discretion to extend the geographical reach of this rule
via notice and comment procedures to the twelve nautical mile limit
should circumstances warrant such action.
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 is revising current LHG safety zone
regulations by establishing security zones around and under LHG tank
vessels entering, departing, or moored within the ports of Los Angeles
and Long Beach. These security zones help the Coast Guard to prevent
vessels or persons from engaging in terrorist actions against LHG tank
vessels. The Coast Guard has determined the establishment of security
zones is prudent for LHG tank vessels because they carry LHG cargoes in
bulk.
Discussion of Comments and Changes
We received no letters commenting on the proposed rule. No public
hearing was requested, and none was held.
[[Page 13232]]
Therefore, we have made no changes and will implement the provision of
the proposed rule as written.
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 received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed 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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, 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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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:
[[Page 13233]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 is revised 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; Department of Homeland Security
Delegation No. 0170.
2. Revise Sec. 165.1151 to read as follows:
Sec. 165.1151 Security Zones; Liquefied Hazardous Gas Tank Vessels,
San Pedro Bay, California.
(a) Definition. ``Liquefied Hazardous Gas'' as used in this section
means a liquid containing one or more of the products listed in Table
127.005 of this part that is carried in bulk on board a tank vessel as
liquefied petroleum gas, liquefied natural gas, or similar liquefied
gas products.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 500 yard radius around any liquefied hazardous gas (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 three nautical miles of the breakwater;
(2) The shore area and all waters, extending from the surface to
the sea floor, within a 500 yard radius around any LHG tank vessel that
is moored, or in the process of mooring, at any berth within the Los
Angeles or Long Beach port areas inside the Federal breakwaters
bounding San Pedro Bay;
(3) All waters, extending from the surface to the sea floor, within
1000 yards ahead and 500 yards on each side and astern of any LHG tank
vessel that is underway either on the waters inside the Federal
breakwaters bounding San Pedro Bay or on the waters within three
nautical miles seaward of the Federal breakwaters.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port Los
Angeles-Long Beach, or his or her designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (800) 221-USCG
(8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to
transit the area. If permission is granted, all persons and vessels
shall comply with the instructions of the Captain of the Port or his or
her designated representative.
(3) When any LHG tank vessels approach within 500 yards of a vessel
that is moored or anchored, the stationary vessel must stay moored or
anchored while it remains within the LHG tank vessel's security zone
unless it is either ordered by or given permission from the Captain of
the Port Los Angeles-Long Beach to do otherwise.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of these security zones by the Los Angeles Port Police
and the Long Beach Police Department.
Dated: February 18, 2003.
John M. Holmes,
Captain, Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 03-6632 Filed 3-18-03; 8:45 am]
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