[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Proposed Rules]
[Page 13647-13649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-25]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-023]
RIN 1625-AA00
Safety and Security Zone; Cove Point Liquefied Natural Gas
Terminal, Chesapeake Bay, Maryland
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes revising the established safety zone
at the Cove Point Liquefied Natural Gas (LNG) Terminal. This is in
response to the re-opening of the terminal by Dominion Power scheduled
for May 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 around the Cove Point LNG Terminal.
DATES: Comments and related material must reach the Coast Guard on or
before April 21, 2003.
ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Activities, 2401 Hawkins Point Road, Building 70, Port
Safety, Security and Waterways Management Branch, Baltimore, Maryland,
21226-1791. The Port Safety, Security and Waterways Management Branch
of Coast Guard Activities Baltimore maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD05-03-
023], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8 \1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, U.S. Coast Guard
Activities Baltimore at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a
separate notice in the Federal Register.
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
[[Page 13648]]
proposed rule incorporates necessary security provisions and changes
the size of the zone. This Notice of Proposed Rulemaking (NPRM)
proposes to establish a combined safety zone and security zone for 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 Proposed Rule
Under 33 CFR 165.502, there are three safety zones around the Cove
Point LNG Terminal: (1) A \1/2\ mile zone while LNG vessels are
maneuvering, (2) 50 yards shoreward and 200 yards offshore from the
terminal while an LNG vessel is moored, and (3) 50 yards in all
directions around the terminal at all other times. The Coast Guard
proposes to consolidate these zones into one and increase the size of
the permanent zone to reduce the potential threat that may be posed by
vessels or persons that approach the offshore terminal. The proposed
safety and security zone is 500 yards in all directions from the
terminal. This will create a rectangular area approximately 2500 yards
long by 1200 yards wide around the terminal.
The proposed safety and security zone will be in effect
continuously. The effect will be to prohibit vessels or persons from
entering the safety and security zone, unless specifically authorized
by the Captain of the Port, Baltimore, Maryland. Federal, State, local,
and private agencies may assist the Coast Guard in the enforcement of
this rule.
Regulatory Evaluation
This proposed 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.
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 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 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule changes the size of the
zone but does not create a new safety and security zone. The 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Dulani
Woods, at Coast Guard Activities Baltimore, Port Safety, Security and
Waterways Management Branch, at telephone number (410) 576-2513.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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.
[[Page 13649]]
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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 proposed 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 this rule establishes a security
zone. A ``Categorical Exclusion Determination'' is 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 proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.
2. Revise Sec. 165.502 to read as follows:
Sec. 165.502 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. 165.23 and
Sec. 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) 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.
(d) 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: February 26, 2003.
Roger B. Peoples,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-6636 Filed 3-19-03; 8:45 am]
BILLING CODE 4910-15-P