[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Rules and Regulations]
[Pages 58064-58066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28967]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-192]
RIN 2115-AA97
Safety and Security Zones; LPG Transits, Portland, Maine Marine
Inspection Zone and Captain of the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety and security zones in
the Captain of the Port, Portland, Maine zone, 1 mile ahead, 1/2 mile
astern, and 1000-yards on either side of any vessel capable of carrying
Liquefied Petroleum Gas (LPG). This rulemaking also establishes safety
and security zones of 500 yards around any LPG vessel while it is
moored at the LPG receiving facility located on the Piscataqua River in
Newington, New Hampshire. Entry or movement within these zones by any
vessel of any description, without the express permission of the
Captain of the Port, Portland, Maine or his authorized patrol
representative, is strictly prohibited.
DATES: This rule is effective from November 9, 2001 through June 21,
2002.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Portland, Maine, 103
Commercial Street, Portland, Maine between 8 a.m. and 4 p.m., Monday
through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W. W. Gough,
Chief, Ports and Waterways Safety Branch, Port Operations Department,
Captain of the Port, Portland, Maine at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Due to the catastrophic nature
and extent of damage realized from terrorist attacks on the World Trade
Center and Pentagon on September 11, 2001 this rulemaking is urgently
necessary to protect the national security interests of the United
States against future potential terrorist strikes against civilian
targets. National security and intelligence officials warn that future
terrorist attacks against civilian targets are possible. Due to the
flammable nature of Liquefied Petroleum Gas (LPG) and the potential
impact the explosion of an LPG vessel would have on Portsmouth Harbor
and the surrounding area, the delay inherent in the NPRM process is
contrary to public interest insofar as it would render LPG vessels in
the Captain of the Port, Portland, Maine zone vulnerable to subversive
activity, sabotage or attack. The delay inherent in the NPRM process is
also unnecessary since this rulemaking is needed to protect the safety
of the vessels, persons and others in the maritime community from the
hazards associated with the transit and limited maneuverability of a
large tank vessel.
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 measures contemplated by the
rule are intended to prevent possible terrorist attacks against LPG
vessels, and to protect other vessels, waterfront facilities, the
public and the Portsmouth Harbor and surrounding areas on the
Piscataqua River from potential sabotage or other subversive acts,
accidents or other causes of a similar nature. In addition, the zones
protect persons, vessels and others in the maritime community from the
hazards associated with the transit and limited maneuverability of a
large tank vessel. Immediate action is required to accomplish these
objectives. Any delay in the effective date of this rule is
impracticable and contrary to the public interest. These zones should
have minimal impact on the users of the Captain of the Port, Portland,
Maine zone, Bigelow Bight, Portsmouth Harbor and the Piscataqua River,
as LPG vessel transits are infrequent. Vessels have ample water to
transit around the zones while vessels are transiting in Bigelow Bight,
Portsmouth Harbor and the Piscataqua River. The zones established while
the vessel is transiting are moving safety and security zones, allowing
vessels to transit ahead, behind, or after passage of an LPG vessel.
Public notifications will be made prior to an LPG transit via local
notice to mariners and marine information broadcasts.
Background and Purpose
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, Massachusetts, and flown into the World Trade
Center in New York, New York, inflicting catastrophic human casualties
and property damage. A similar attack was conducted on the Pentagon on
the same day. National security and intelligence officials warn that
future terrorist attacks are likely. Due to these heightened security
concerns, safety and security zones are prudent for LPG tank vessels,
which may be likely targets of terrorist attacks due to the flammable
nature of LPG and the serious impact on the Port of Portsmouth, New
Hampshire and surrounding areas that may be incurred if an LPG vessel
was subjected to a terrorist attack.
This rulemaking establishes safety and security zones in a radius
around LPG vessels while the vessels are moored at the SEA-3, Inc. LPG
receiving facility on the Piscataqua River in Newington, New Hampshire.
It also creates a moving safety and security zone any time an LPG
vessel is within Captain of the Port, Portland, Maine zone, as defined
in 33 CFR 3.05-15, in the internal waters of the United States and the
navigable waters of the United States. Under the Ports and Waterways
Safety Act, navigable waters of the United States includes all waters
of the territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988. This
Presidential Proclamation declared that the territorial sea of the
United States extends to 12 nautical miles from the baselines of the
United States determined in accordance with international law. This
regulation establishes safety and security zones with identical
boundaries covering the following areas of the Portland, Maine Marine
Inspection Zone and Captain of the Port, Zone: (a) All waters of the
Piscataqua River within a 500-yard radius of any Liquefied Petroleum
Gas vessel while it is moored at the SEA 3, Inc. LPG receiving facility
on the Piscataqua River, Newington, New Hampshire; and (b) except as
provided in paragraph (a) of this section, in the waters of the
Portland, Maine Marine Inspection Zone and Captain of the Port, Zone,
all waters one mile ahead, one half mile astern, and 1000-yards on
either side of any Liquefied Petroleum Gas vessel.
This rulemaking also temporarily suspends a safety zone for
transits of tank vessels carrying Liquefied Petroleum Gas in Portsmouth
Harbor, Portsmouth, New Hampshire. Title 33
[[Page 58065]]
CFR 165.103 currently provides for safety zones during the transit of
loaded LPG vessels as follows: the waters bounded by the limits of the
Piscataqua River Channel and extending 1000-yards ahead and 500-yards
astern of tank vessels carrying LPG vessel Liquefied Petroleum Gas
while the vessel transits Bigelow Bight, Portsmouth Harbor, and the
Piscataqua River to the LPG receiving facility at Newington New
Hampshire until the vessel is safely moored and while the vessel
transits outbound from the receiving facility through the Piscataqua
River, Portsmouth Harbor and Bigelow Bight until the vessel passes the
Gunboat Shoal Lighted Bell Buoy ``1'' (LLNR 185). This safety zone
recognizes the safety concerns with transits of large tank vessels, but
is inadequate to protect LPG vessels from possible terrorist attack,
sabotage or other subversive acts. National security and intelligence
officials warn that future terrorist attacks against civilian targets
may be anticipated. Due to the flammable nature of LPG vessels and
impact the ignition of this cargo would have on Portsmouth Harbor,
areas along the Piscataqua River and surrounding areas, increased
protection of these vessels is necessary. In comparison to 33 CFR
Sec. 165.103, this rulemaking provides increased protection for LPG
vessels as follows: it establishes 500-yard safety and security zones
around LPG vessels while moored at the LPG receiving facility on the
Piscataqua River, Newington, New Hampshire; and it provides continuous
protection for LPG vessels 1 mile ahead, \1/2\ mile astern, and 1000-
yards on each side of LPG vessels anytime a vessel is within the waters
of the Portland, Maine Marine Inspection Zone and Captain of the Port
Zone rather than limiting the protection to vessels carrying LPG and
which are transiting to and from the facility. It also extends the
zones to 1000 yards on either side of the vessel rather than limiting
the zone to the limits of the Piscataqua River Channel. The increased
protection provided in this rulemaking also recognizes the safety
concerns associated with an unloaded LPG vessel. 33 CFR Sec. 165.103
only establishes safety zones around loaded LPG tank vessels or while
the vessel is transferring its cargo. This rulemaking establishes
safety and security zones around any LPG vessels, loaded or unloaded,
any time a LPG vessel is located in the Portland Marine Inspection Zone
and Captain of the Port Zone, including the internal waters and out to
12 nautical miles from the baseline of the United States. These zones
provide necessary protection to unloaded vessels, which continue to
pose a safety/security hazard. This rulemaking also recognizes the
continued need for safety zones around LPG vessels, which are necessary
to protect persons, facilities, vessels and others in the maritime
community, from the hazards associated with the transit and limited
maneuverability of a large tank vessel.
No person or vessel may enter or remain in the prescribed safety
and security zones at any time without the permission of the Captain of
the Port, Portland, Maine. Each person or vessel in a safety and
security zone shall obey any direction or order of the Captain of the
Port, Portland, Maine. The Captain of the Port, Portland, Maine may
take possession and control of any vessel in a security zone and/or
remove any person, vessel, article or thing from a security zone. No
person may board, take or place any article or thing on board any
vessel or waterfront facility in a security zone without permission of
the Captain of the Port, Portland, Maine. These regulations are issued
under authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and
1226.
Any violation of any safety or security zone described herein, is
punishable by, among others, civil penalties (not to exceed $25,000 per
violation, where each day of a continuing violation is a separate
violation), criminal penalties (imprisonment for not more than 10 years
and a fine of not more than $100,000), in rem liability against the
offending vessel, and license sanctions. In addition, this rulemaking
provides for increased protection on each side of the vessel, extending
the protection from the limits of the navigable channel, to 1000 yards
on each side of any LPG vessel. This safety and security zone also
protects vessels which are not loaded but which may continue to present
a safety concern due to ignition of the vapor material.
Regulatory Evaluation
This temporary final 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. 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 Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary for the following reasons: This Security zone encompasses
only a portion of the Portland Maine Marine Inspection Zone and Captain
of the Port, Zone around the transiting LPG carrier, allowing vessels
to safely navigate around the zones without delay and maritime
advisories will be made to advise the maritime community of the
Security zone when in effect.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal 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.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
certifies under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 13132 and have determined that
this rule does not have sufficient federalism implications for
Federalism under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An Unfunded Mandate is a regulation that requires a state,
local or tribal government or the private sector to incur costs without
the Federal government's having first provided the funds to pay those
costs. This rule will not impose an Unfunded Mandate.
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.
[[Page 58066]]
Civil Justice Reform
This rule meets applicable standards in section 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity and reduce burden.
Protection of Children
The Coast Guard has 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
concern 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. A
rule with tribal implications has a substantial direct effect on one or
more Indian tribe, 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.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under Figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation.
Energy Effects
The Coast Guard has 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 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, 160.5; 49 CFR 1.46.
2. Suspend 33 CFR 165.103 from November 9, 2001 through June 21,
2002.
3. From November 9, 2001 through June 21, 2002, add temporary
Sec. 165.T01-192 to read as follows:
Sec. 165.T01-192 Safety and Security Zones: LPG Carriers transits in
Portland Marine Inspection Zone and Captain of the Port Zone,
Portsmouth Harbor, Portsmouth New Hampshire.
(a) Location. The following areas are safety and security zones:
(1) All waters of the Piscataqua River within a 500-yard radius of any
Liquefied Petroleum Gas vessel while it is moored at the SEA 3, Inc.
LPG receiving facility on the Piscataqua River, Newington, New
Hampshire.
(2) Except as provided in paragraph (a)(1) of this section, in the
internal waters of the United States and the navigable waters of the
United States, as defined by 33 U.S.C. 1222(5), that are within the of
the Portland, Maine, Marine Inspection Zone and Captain of the Port
Zone, all waters one mile ahead, one half mile astern, and 1000-yards
on either side of any Liquefied Petroleum Gas vessel.
(b) Regulations. (1) In accordance with the general regulations in
Secs. 165.23 and 165.33 of this part, entry into or movement within
this zone is prohibited unless previously authorized by the Captain of
the Port (COTP), Portland, Maine.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Emergency response vessels are authorized to move within the zone, but
must abide by restrictions imposed by the Captain of the Port,
Portland, Maine.
Dated: November 8, 2001.
M. P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port, Portland, ME.
[FR Doc. 01-28967 Filed 11-19-01; 8:45 am]
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