[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Rules and Regulations]
[Pages 3814-3816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2039]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-002]

RIN 2115-AA97


Security Zones; San Pedro Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established moving and fixed security 
zones around any liquefied hazardous gas (LHG) tank vessel while the 
vessel is anchored, moored, or underway within the Los Angeles-Long 
Beach, California, port area. These security zones will take effect 
upon the entry of any LHG vessel into the waters within three nautical 
miles outside of the Federal breakwaters encompassing San Pedro Bay and 
will remain in effect until the LHG vessel departs the three nautical 
mile limit. These security zones are needed for national security 
reasons to protect the LHG vessel, the public, and the surrounding area 
from potential subversive acts, accidents, or other events of a similar 
nature. Entry into these zones is prohibited unless specifically 
authorized by the Captain of the Port Los Angeles-Long Beach, or his 
designated representative.

DATES: The rule is effective from 7 p.m. PST on January 14, 2002 to 
11:59 p.m. PDT on June 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 02-002 and 
are available for inspection or copying at Coast Guard Marine Safety 
Office 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, 
Waterways Management, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule was issued, 
would be contrary to the public interest since immediate action is 
needed to protect the public, ports, and waterways of the United 
States. 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 against civilian targets may be 
anticipated. Due to the potentially explosive nature of the LHG vessel 
cargo, which includes liquefied petroleum gas (LPG) and liquefied 
natural gas (LNG), this rulemaking is urgently required to prevent 
possible terrorist strikes against an LHG vessel in the ports of Los 
Angeles-Long Beach, California. The delay inherent in the NPRM process 
is contrary to the public interest insofar as it would render a LHG 
vessel vulnerable to subversive activity, sabotage or terrorist attack, 
and immediate action is necessary to protect persons, vessels and 
others in the maritime community from the hazards associated with the 
transport and loading operations of this dangerous cargo. For the same 
reasons, 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.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center in New York and the Pentagon in Arlington, Virginia, there 
is an increased risk that further subversive activity may be launched 
against the United States. In response to these terrorist acts, to 
prevent similar occurrences, and to protect the ports of Los Angeles-
Long Beach, the Coast Guard has established these security zones around 
any LHG tank vessel while the vessel is anchored, moored, or underway 
within the Los Angeles-Long Beach, California, port area. Title 33 CFR 
165.1151 currently provides for safety zones for LHG tank vessels while 
at anchor in designated anchorage areas in San Pedro Bay, while 
transiting San Pedro Bay, and while LHG tank vessels are moored at any 
berth within the Los Angeles or Long Beach port area. However, in light 
of the current terrorist threats to national security, these zones are 
insufficient to protect LHG tank vessels while anchored in San Pedro 
Bay, or while a LHG vessel is transiting or moored in the port of Los 
Angeles or Long Beach. This rulemaking will temporarily suspend 33 CFR 
165.1151 and will temporarily add the security zones provided for 
hereunder as 33 CFR 165.T11-062. These security zones are needed to 
protect LHG tank vessels, their crews, and the public, from harmful or 
subversive acts, accidents or other causes of a similar nature.
    LHG tank vessels periodically transit and moor in the Los Angeles-
Long Beach port areas to load butane, propane, and similar gas 
products. These security zones will take effect upon the entry of any 
LHG vessel into the waters within three nautical miles outside of the 
Federal breakwaters encompassing San Pedro Bay and will remain in 
effect until the LHG vessel departs the three nautical mile limit. The 
following areas have been established as security zones:
    (1) The waters within a 500 yard radius around a LHG tank vessel, 
while

[[Page 3815]]

the vessel is anchored at a designated anchorage area either inside the 
Federal breakwaters bounding San Pedro Bay, or is anchored outside the 
breakwaters at designated anchorages within three nautical miles of the 
breakwaters;
    (2) The waters within 500 yards of a LHG tank vessel, while the 
vessel is moored at any berth within the Los Angeles or Long Beach, 
California, 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 tank vessel, while the vessel is underway on the 
waters inside the Federal breakwaters, or on the waters extending three 
nautical miles outward from the Federal breakwaters.
    These security zones are necessary to prevent damage or injury to 
any vessel or waterfront facility, and to safeguard ports, harbors, or 
waters of the United States in the ports of Los Angeles-Long Beach, 
California. Entry into these moving or fixed security zones is 
prohibited unless authorized by the Captain of the Port Los Angeles-
Long Beach, or his designated representative.
    These security zones are established pursuant to the authority of 
The Magnuson Act regulations promulgated by the President under 50 
U.S.C. 191, including Subparts 6.01 and 6.04 of Part 6 of Title 33 of 
the Code of Federal Regulations. Vessels or persons violating this 
section are subject to the penalties set forth in 50 U.S.C. 192: 
Seizure and forfeiture of the vessel, a monetary penalty of not more 
than $10,000, and imprisonment for not more than 10 years.
    This rule will be enforced by the Captain of the Port Los Angeles-
Long Beach, who may also enlist the aid and cooperation of any Federal, 
State, county, municipal, and private agencies to assist in the 
enforcement of this 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 Transportation 
(DOT)(44 FR 11040, February 26, 1979) because these zones will 
encompass a small portion of the waterway and will be in place for only 
a few days while LHG tank vessels conduct loading operations, which 
does not occur very frequently. During calendar year 2001, the safety 
zones established by section 165.1151 (formerly 165.1101, redesignated 
June 25, 2001, 66 FR 33637, 33642) were triggered only three times.

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.
    For the same reasons stated in the Regulatory Evaluation section 
above, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this 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.

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

[[Page 3816]]

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 rule and 
concluded that under figure 2-1, paragraph (34), of Commandant 
Instruction M16475.1D, it is categorically excluded from further 
environmental documentation. 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), Reports and record 
keeping requirements, Security measures, Waterways.

    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

    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. From January 14, 2002 through June 15, 2002, suspend 
Sec. 165.1151.
    3. From January 14, 2002 through June 15, 2002, add new temporary 
Sec. 165.T11-062 to read as follows:


Sec. 165.T11-062  Security Zones: San Pedro Bay, California.

    (a) Location. The following areas are established as security zones 
during the specified conditions:
    (1) The waters within a 500-yard radius around a liquefied 
hazardous gas (LHG) tank vessel, while the vessel is anchored at a 
designated anchorage area either inside the Federal breakwaters 
bounding San Pedro Bay, or is anchored outside the breakwaters at 
designated anchorages within three nautical miles of the breakwaters;
    (2) The waters within 500 yards of a LHG tank vessel, while the 
vessel is moored at any berth within the Los Angeles or Long Beach, 
California, port area, inside the Federal breakwaters bounding San 
Pedro Bay; and
    (3) The waters 1000 yards ahead of and within 500 yards of all 
other sides of a LHG tank vessel, while the vessel is underway on the 
waters inside the Federal breakwaters, or on the waters extending three 
nautical miles outward from the Federal breakwaters.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33, the following rule applies to the security zones 
established by this section: No person or vessel may enter or remain in 
these security zones without the permission of the Captain of the Port 
Los Angeles-Long Beach, CA.
    (2) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules 
of the road and safe navigation practice.
    (3) The regulations of this section will be enforced by the Captain 
of the Port Los Angeles-Long Beach, or his authorized representatives.
    (c) Dates. This section becomes effective at 7 p.m. PST on January 
14, 2002, and will terminate at 11:59 p.m. PDT on June 15, 2002.

    Dated: January 14, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-2039 Filed 1-25-02; 8:45 am]
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