[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Rules and Regulations]
[Page 30638-30640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 03-002]
RIN 1625-AA00
Safety Zone; Offshore Marine Terminal, El Segundo, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone surrounding the
El Segundo offshore marine terminal near Los Angeles, California. This
action is necessary to ensure public safety and reduce the likelihood
of a collision or other casualty involving a tank vessel moored at the
offshore marine terminal. Entry into this zone will be prohibited
unless specifically authorized by the Captain of the Port Los Angeles-
Long Beach.
DATES: This rule is effective June 27, 2005.
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 03-002 and are available
for inspection or copying at U.S. Coast Guard Marine Safety Office/
Group Los Angeles-Long Beach, Waterways Management Division, 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 Peter Gooding, Chief of
Waterways Management Division, (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 10, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Offshore Marine Terminal, El Segundo,
CA'' in the Federal Register (68 FR 41091). We received nine letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Chevron Texaco Shipping Company requested that the Coast Guard
establish a safety zone around the El Segundo offshore marine terminal
near Los Angeles, California, to promote the safety of life and
property at the facility and on the adjacent waters within the safety
zone--including tank vessels and their crews, their apparatuses, and
attending vessels and their crews.
El Segundo offshore marine terminal is located approximately 1
nautical mile offshore El Segundo in Santa Monica Bay, between Marina
Del Rey and Redondo Beach, California. The offshore marine terminal
consists of several tanker mooring buoys and seafloor pipelines
connected to the mainland terminal. Large tank vessels are secured to
tanker mooring buoys using multiple sets of mooring lines. Underwater
pipelines that extend seaward from the mainland terminal rise up from
the ocean bottom and are secured to both the buoys and the tankers. As
a result, there are numerous mooring lines, pipelines, and other
critical apparatuses that exist above, below, and on the surface of the
water presenting an especially hazardous condition for other vessels
transiting through this area. The hazards have contributed to vessel
casualties resulting in pollution and in at least one case, a fatality.
These conditions are present at all times, whether or not a tanker is
in the offshore marine terminal.
Discussion of Comments and Changes
The Coast Guard received a total of nine letters in response to the
notice of proposed rulemaking. What follows is a review of, and the
Coast Guard's response to, the issues and questions that were presented
by these commenters concerning the proposed regulations.
(1) Four commenters indicated that buoys should be placed at the
corners of the safety zone to give a visual indication to boaters
passing nearby.
The National Oceanic and Atmospheric Administration (NOAA)
publishes charts of this area. A notation of the safety zone will be
placed on the chart to advise mariners of the safety zone. In addition,
NOAA is publishing a new chart for the El Segundo area that will show
much greater detail of the surrounding area. This chart should provide
sufficient aid for boaters to identify the safety zone without the
placement of buoys which may interfere with vessels permitted to enter
the zone.
(2) Two commenters indicated that publication of the safety zone
needed to be widespread to ensure boaters are aware of the new zone.
In addition to appearing in the Federal Register, news of this
safety zone will be published in the Notice to Mariners, Coast Pilot,
and local boating publications to ensure wide dissemination of
information about this safety zone.
[[Page 30639]]
(3) Two commenters indicated that the enforcement of the safety
zone would not be adequate to keep vessels out of the zone.
As stated in the Background and Purpose section above, this zone is
for the safety of the vessels transiting in the vicinity of the
offshore moorings. It is not envisioned that enforcement of the safety
zone will be a heavy burden on the Coast Guard.
(4) One commenter indicated that the safety zone should only be in
place while tank vessels are present.
The presence of large mooring buoys, approximately 13 feet long and
6 feet in diameter, are hazardous to vessels operating in this area.
These conditions are present at all times, whether or not a tanker is
in the offshore marine terminal.
(5) One commenter indicated that the size of the safety zone should
be larger than proposed and that it should extend to shore.
We feel as though the area prescribed is large enough to provide
safe operations, while allowing a corridor for vessels to safely pass
between the safety zone and the shoreline.
After reviewing all comments, we made no changes in the rule. Our
final rule remains the same as our proposed 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 safety zone will encompass only a small portion of the
waterway and vessel traffic can pass safely around the affected area.
In addition, vessels may be allowed to enter this zone 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 will 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 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 Santa Monica Bay
near El Segundo. The impact to these entities will not, however, be
significant since this zone encompasses a small portion of the waterway
and vessels may safely pass around the affected area. In addition,
vessels may be allowed to enter this zone on a case-by-case basis with
permission of the Captain of the Port.
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 can better evaluate its
effects on them and participate in the rulemaking process. However, we
received no requests for assistance from any small entities.
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
[[Page 30640]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 we are proposing to establish a
safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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.
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. Add Sec. 165.1156 to read as follows:
Sec. 165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
(a) Location. The following area is a safety zone: All waters of
Santa Monica Bay, from surface to bottom, enclosed by a line beginning
at latitude 33[deg]54[min]59[sec] N, longitude 118[deg]26[min]50[sec]
W; then to latitude 33[deg]54[min]59[sec] N, longitude
118[deg]27[min]34[sec] W; then to latitude 33[deg]54[min]00[sec] N,
longitude 118[deg]27[min]34[sec] W; then to latitude
33[deg]54[min]00[sec] N, longitude 118[deg]26[min]50[sec] W; then to
the point of beginning (NAD 1983).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited except for:
(i) Commercial vessels authorized to use the offshore marine
terminal for loading or unloading;
(ii) Commercial tugs, lighters, barges, launches, or other vessels
authorized to engage in servicing the offshore marine terminal or
vessels therein;
(iii) Public vessels of the United States.
(2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 1-800-221-8724 or
on VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port or his or her designated representative.
(3) Nothing in this section shall be construed as relieving the
owner or person in charge of any vessel from complying with the
Navigation Rules as defined in 33 CFR chapter I, subchapters D and E
and safe navigation practice.
Dated: May 13, 2005.
Peter V. Neffenger,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 05-10594 Filed 5-26-05; 8:45 am]
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