[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60028-60030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30066]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Los Angeles-Long Beach 96-003]
RIN 2115-AA97


Safety Zone; San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established a moving safety zone around 
any liquefied hazardous gas tank vessel (LHG T/V) while the vessel is 
anchored, moored, or underway within the Los Angeles-Long Beach port 
area. The safety zone will take effect upon the entry of any LHG T/V 
into the waters within three (3) miles outside of the Federal 
breakwaters encompassing San Pedro Bay, and will remain in effect until 
the LHG T/V leaves the said three (3) mile limit. Entry into this zone 
is prohibited unless authorized by the Captain of the Port Los Angeles-
Long Beach. Prohibiting vessel traffic from entering these moving 
safety zones will reduce the likelihood of a collision or explosion 
involving a liquefied hazardous gas carrier.

EFFECTIVE DATE: This final rule is effective on October 15, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the officer of the 
Commanding Officer, U.S. Coast Guard Marine Safety Office Los Angeles-
Long Beach, 165 N. Pico Avenue, Long Beach, CA 90802 between 8 a.m. and 
4 p.m. Monday through Friday, except Federal holidays. The telephone 
number is (310) 980-4454.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Keith T. Whiteman, Chief, Port Safety and Security Division, 
Marine Safety Office Los Angeles-Long Beach, 165 N. Pico Avenue, Long 
Beach, CA 90802; phone: (310) 980-4454 or fax: (310) 980-4415.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 17, 1996, the Coast Guard published an NPRM entitled 
Safety Zone; San Pedro Bay, CA in the Federal Register (61 FR 37714). 
The Coast Guard received no letters commenting on the proposal. No 
public hearing was requested, and none was held.

Background and Purpose

    Liquefied hazardous gas tank vessels (LHG T/V) periodically transit 
and moor in Los Angeles-Long Beach port areas to load butane at the 
AmeriGas facility at Los  Angeles Berth 120. For each LHG T/V arrival 
and departure, the Captain of the Port Los Angeles-Long Beach has 
exercised his authority and established a temporary safety zone around 
the vessel. These transits are occurring with increasing frequency. To 
limit the administrative burden of creating a temporary final rule for 
each vessel, the Captain of the Port created a regulation which 
establishes a moving safety zone around each LHG T/V while it is in the

[[Page 60029]]

port area (within 3 miles offshore of the Federal breakwater) to 
protect the public and port waterways and resources from the hazards 
associated with the transport and transfer liquefied hazardous gas. The 
following areas would be established as safety zones:
    (1) The waters within a 500 yard radius around a liquefied 
hazardous gas tank vessel (LHG T/V), while the vessel is anchored at a 
designated anchorage area inside the Federal breakwaters bounding San 
Pedro Bay, or is anchored outside the breakwaters at designated 
anchorage areas within three (3) miles of the breakwaters;
    (2) The waters and land area within 50 yards of a LHG T/V, while 
the vessel is moored at any berth within the Los Angeles or Long Beach 
port area, inside the Federal breakwaters;
    (3) The waters 1000 yards ahead of and within 500 yards of all 
other sides of a LHG T/V, while the vessel is underway on the waters 
inside the Federal breakwaters, or on the waters extending three (3) 
miles outward from the Federal breakwaters.
    Entry into this zone will be prohibited subject to the following 
exceptions:
    (1) Entry may be authorized by the Captain of the Port Los Angeles-
Long Beach;
    (2) Vessels already moored or anchored when the LHG T/V safety zone 
goes into effect are not required to get underway to avoid entering 
into the safety zone boundaries.
    The Coast Guard will issue a Broadcast Notice to Mariners advising 
the marine community of any LHG T/V transits. Enforcement of the safety 
zone around LHG vessels and the escort of LHG vessels will be conducted 
by the Coast Guard. Assistance in enforcement and escort functions may 
also be provided by the Los Angeles Port Police at the request of the 
Captain of the Port.

Discussion of Comments and Changes

    The Coast Guard received no comments on our April 17, 1996 NPRM (61 
FR 37714).

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of the Department of Transportation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether these regulations will have a 
significant economic impact on a substantial number of small entities. 
``Small Entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. The Coast Guard will broadcast 
scheduled transits, enabling other companies with vessels transiting in 
the area to adjust their vessel movements accordingly, causing minimal 
economic impact. Therefore, the Coast Guard certifies--that, if 
adopted, this rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994, it 
will have no significant environmental impact and it is categorically 
excluded from further environmental documentation. A categorical 
exclusion determination and environmental analysis checklist is 
avalable in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways. In 
consideration of the foregoing, subpart F of part 165 of title 33, Code 
of Federal Regulations, is amended as follows:
    1. The authority citation for 33 CFR part 165 continues to read as 
follows:

PART 165--[AMENDED]

    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; 49 CFR 1.46.

    2. A new section 165.1101 is added under the undesignated center 
heading ``Eleventh Coast Guard District'' to read as follows:


Sec. 165.1101  Safety Zone: San Pedro Bay, CA.

    (a) Location. The following areas are established as safety zones 
during the specified conditions:
    (1) The waters within a 500 yard radius around a liquefied 
hazardous gas tank vessel (LHG T/V), while the vessel is anchored at a 
designated anchorage area either inside the Federal breakwaters 
bounding San Pedro Bay, or anchored outside the breakwaters at 
designated anchorage areas within three (3) miles of the breakwaters;
    (2) The waters and land area within 50 yards of a LHG T/V, while 
the vessel is moored at any berth within the Los Angeles or Long Beach 
port area, inside the Federal breakwaters bounding San Pedro Bay;
    (3) The waters 1000 yards ahead of and within 500 yards of all 
other sides of a LHG T/V, while the vessel is underway on the waters 
inside the Federal breakwaters encompassing San Pedro Bay, or within 
the waters three (3) miles outside of the Federal breakwaters in an 
area more particularly described as follows: Beginning at a point which 
is Point Fermin Light (33 deg.42'18'' N, 118 deg.17'36'' W); thence 
along the shoreline to the San Pedro breakwater; thence along the San 
Pedro breakwater and the Middle breakwater (following the COLREGS 
Demarcation Lines) to Long Beach Channel Entrance Light ``2'' 
(33 deg.43'23'' N, 118 deg.10'50'' W)' thence south southeast to 
33 deg.40'31'' N, 118 deg.08'42'' W; thence west to 33 deg.40'31'' N, 
118 deg.12'03'' W; thence west southwest to 33 deg.39'17'' N, 
118 deg.16'00'' W; thence northwest to 33 deg.40'06'' N, 
118 deg.17'38'' W; thence north to the point of beginning. [Datum: NAD 
1983]
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within these zones is prohibited subject to the following exceptions:
    (1) Entry may be authorized by the Captain of the Port; or
    (2) Vessels already anchored or moored when the safety zone is in 
effect are not required to get underway to avoid entering into the 
safety zone boundaries as listed in paragraph (a) of this section.

[[Page 60030]]

    (c) Notice. The Captain of the Port will notify the maritime 
community of periods during which this safety zone will be in effect 
via Broadcast Notice to Mariners.

    Dated: October 15, 1996.
E.E. Page,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 96-30066 Filed 11-25-96; 8:45 am]
BILLING CODE 4910-14-M