[Federal Register Volume 67, Number 118 (Wednesday, June 19, 2002)]
[Rules and Regulations]
[Pages 41625-41628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15388]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-010]
RIN 2115-AA97


Security Zones; Liquefied Hazardous Gas Tank Vessels, San Pedro 
Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing moving and fixed security 
zones around liquefied hazardous gas (LHG) tank vessels located on San 
Pedro Bay, California, near the ports of Los Angeles and Long Beach. 
These actions are necessary to ensure public safety and prevent 
sabotage or terrorist acts against these vessels. Persons and vessels 
are prohibited from entering these security zones without permission of 
the Captain of the Port.

DATES: This rule is effective from 11:59 p.m. PDT on June 15, 2002 to 
11:59 p.m. PST on December 21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 02-010 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, 
Chief of Waterways Management Division, 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. Due to the terrorist attacks 
on September 11, 2001 and the warnings given by national security and 
intelligence officials, there is an increased risk that further 
subversive or terrorist activity may be launched against the United 
States. A heightened level of security has been established around all 
liquefied hazardous gas (LHG) tank vessels near the ports of Los 
Angeles and Long Beach. These security zones are needed to protect the 
United States and more specifically the people, waterways, and 
properties near San Pedro Bay. The original TFR was urgently required 
to prevent possible terrorist strikes against the United States and 
more specifically the people, waterways, and properties in the ports of 
Los Angeles-Long Beach. It was anticipated that we would assess the 
security environment at the end of the effective period to determine 
whether continuing security precautions were required and, if so, 
propose regulations responsive to existing conditions. We have 
determined the need for continued security regulations exists.
    The Coast Guard will utilize the effective period of this TFR to 
engage in notice and comment rulemaking to develop permanent 
regulations tailored to the present and foreseeable security 
environment with the Captain of the Port (COTP) Los Angeles-Long Beach. 
Therefore, the public will still have the opportunity to comment on 
this rule. The measures contemplated by the rule were intended to 
facilitate ongoing response efforts and prevent future terrorist 
attack. In this case, doing a NPRM will be repetitious in nature and 
since delay is inherent in the NPRM process, any delay in the effective 
date of this rule, is contrary to the public interest insofar as it may 
render individuals and facilities within and adjacent to LHG tank 
vessels vulnerable to subversive activity, sabotage or terrorist 
attack. Immediate action is required to accomplish these objectives and 
necessary to continue safeguarding these vessels and the surrounding 
area. Any delay in the effective date of this rule is impractical and 
contrary to the public interest.
    The Coast Guard will be publishing a NPRM to establish permanent 
security zones that are temporarily effective under this rule. This 
revision preserves the status quo within the Port while permanent rules 
are developed.
    For the reasons stated in the paragraphs above under 5 U.S.C. 
553(d)(3), the Coast Guard also finds that good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register.

[[Page 41626]]

Background and Purpose

    On September 11, 2001, terrorists launched attacks on commercial 
and public structures--the World Trade Center in New York and the 
Pentagon in Arlington, Virginia--killing large numbers of people and 
damaging properties of national significance. There is an increased 
risk that further subversive or terrorist activity may be launched 
against the United States based on warnings given by national security 
and intelligence officials. The Federal Bureau of Investigation (FBI) 
has issued warnings on October 11, 2001 and February 11, 2002 
concerning the potential for additional terrorist attacks within the 
United States. In addition, the ongoing hostilities in Afghanistan have 
made it prudent for important facilities and vessels to be on a higher 
state of alert because Osama Bin Ladin and his Al Qaeda organization, 
and other similar organizations, have publicly declared an ongoing 
intention to conduct armed attacks on U.S. interests worldwide.
    These heightened security concerns, together with the catastrophic 
impact that a terrorist attack against a LHG tank vessel would have to 
the public interest, makes these security zones prudent on the 
navigable waterways of the United States. To mitigate the risk of 
terrorist actions, the Coast Guard has increased safety and security 
measures on the navigable waterways of San Pedro Bay by establishing 
larger security zones around LHG tank vessels. Vessels operating near 
LHG tank vessels present possible platforms from which individuals may 
gain unauthorized access to these vessels or launch terrorist attacks 
upon these vessels or adjacent population centers. As a result, the 
Coast Guard is taking additional measures to prevent vessels or persons 
from accessing the navigable waters close to LHG tank vessels on San 
Pedro Bay.
    On January 28, 2002, we published a temporary final rule for LHG 
tank vessels entitled ``Security Zones; San Pedro Bay, California'' in 
the Federal Register (67 FR 3814) under Sec. 165.T11-062. It has been 
in effect since January 14, 2002 and is set to expire 11:59 p.m. PDT on 
June 15, 2002. As of today, the need for security zones around LHG tank 
vessels still exist. This new temporary final rule will begin 11:59 
p.m. PDT on June 15, 2002 the exact time the previous LHG tank vessel 
security zone was in effect, and is set to expire 11:59 p.m. December 
21, 2002. This will allow the Coast Guard time to publish a notice of 
proposed rulemaking (NPRM) in the Federal Register, which will include 
a public comment period, and for a final rule to be put into effect 
without there being an interruption in the protection provided by LHG 
tank vessel security zones.
    In our previous rulemaking on LHG tank vessels, we temporarily 
suspended 33 CFR Sec. 165.1151 and temporarily added the security zones 
provided for thereunder as Sec. 165.T11-062. Title 33 CFR Sec. 165.1151 
provides for safety zones for LHG tank vessels while at anchor in 
designated anchorages 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 safety zones are 
insufficient to protect LHG tank vessels in San Pedro Bay. We continue 
to temporarily suspend Sec. 165.1151 and temporarily add the security 
zones provided for hereunder as Sec. 165.T11-066.

Discussion of Rule

    This regulation establishes a security zone in the waters of San 
Pedro Bay around all LHG tank vessels that are anchored, moored, or 
underway within the Los Angeles or Long Beach port area. These security 
zones will take effect upon entry of any LHG tank vessel into the 
waters within three nautical miles outside the Federal breakwaters 
encompassing San Pedro Bay and will remain in effect until that vessel 
departs the three nautical mile limit. Vessels covered by a security 
zone can be additionally identified by an on scene escorting law 
enforcement vessel with a blue flashing light. The following areas are 
security zones:
    (1) The waters within a 500 yard radius around a LHG tank vessel 
that is anchored at a designated anchorage either inside the Federal 
breakwaters bounding San Pedro Bay or outside at designated anchorages 
within three nautical miles of the breakwater;
    (2) The waters within a 500 yard radius around a LHG tank vessel 
that is moored at any berth within the Los Angeles or Long Beach port 
area; and
    (3) The waters within 1,000 yards ahead and 500 yards on all other 
sides of a LHG tank vessel that is underway on the waters either inside 
the Federal breakwaters bounding San Pedro Bay or on the waters within 
three nautical miles of the breakwater.
    These security zones are needed for national security reasons to 
protect LHG tank vessels, the public, transiting vessels, adjacent 
waterfront facilities and the ports from potential subversive acts, 
accidents, or other events of a similar nature. Entry into these moving 
or fixed security zones is prohibited unless authorized by the Captain 
of the Port. Vessels already moored or anchored when these security 
zones take effect will not be required to get underway to avoid either 
the moving or fixed zones unless specifically ordered to do so by the 
Captain of the Port or his designated representative.
    As part of the Diplomatic Security and Antiterrorism Act of 1986 
(Pub. L. 99-399), Congress amended the Ports and Waterways Safety Act 
(PWSA) 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. This authority, under section 7 of the PWSA (33 U.S.C. 
1226), supplements the Coast Guard's authority to issue security zones 
under 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 will be subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33 
U.S.C. 1232, any violation of the security zone described herein, is 
punishable by civil penalties (not to exceed $27,500 per violation, 
where each day of a continuing violation is a separate violation), 
criminal penalties (imprisonment up to 6 years and a maximum fine of 
$250,000), and in rem liability against the offending vessel. Any 
person who violates this section, using a dangerous weapon, or who 
engages in conduct that causes bodily injury or fear of imminent bodily 
injury to any officer authorized to enforce this regulation, also faces 
imprisonment up to 12 years. Vessels or persons violating this section 
are also subject to the penalties set forth in 50 U.S.C. 192: seizure 
and forfeiture of the vessel to the United States, a maximum criminal 
fine of $10,000, and imprisonment up to 10 years.
    The Captain of the Port will enforce these zones and may enlist the 
aid and cooperation of any Federal, State, county, municipal, and 
private agency to assist in the enforcement of the regulation. This 
regulation is proposed under the authority of 33 U.S.C. 1226 in 
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C. 
1231.

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

[[Page 41627]]

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 for a limited period of time. Delays, if any, are 
expected to be less than thirty minutes in duration. Vessels and 
persons may be allowed to enter these zones 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 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.
    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 a small portion of 
the ports of Los Angeles or Long Beach near a LHG tank vessel that are 
covered by these security zones. The impact to these entities would 
not, however, be significant since these security zones will encompass 
a small portion of the waterway for a limited period of time. Delays, 
if any, are expected to be less than thirty minutes in duration.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If this rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provision or 
operations 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 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)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because we are establishing security zones. 
A ``Categorical Exclusion Determination'' is available 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.

    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.


Sec. 165.1151  [Suspended]

    2. Temporarily suspend Sec. 165.1151 from 11:59 p.m. PDT June 15, 
2002 through 11:59 p.m. PST December 21, 2002.

[[Page 41628]]


    3. Add new temporary Sec. 165.T11-066 to read as follows:


Sec. 165.T11-066  Security Zones; Liquefied Hazardous Gas Tank Vessels, 
San Pedro Bay, California.

    (a) Definition. ``Liquefied Hazardous Gas (LHG)'' as used in this 
section, is a liquid containing one or more of the products listed in 
Table 127.005 of 33 CFR 127.005 that is carried in bulk on board a tank 
vessel as liquefied petroleum gas, liquefied natural gas, or similar 
liquefied gas products.
    (b) Location. The following areas are security zones:
    (1) All waters of San Pedro Bay, from surface to bottom, within a 
500 yard radius around a 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) All waters of San Pedro Bay, from surface to bottom, 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) All waters of San Pedro Bay, from surface to bottom, within 
1,000 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.
    (c) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Los Angeles-Long Beach, or his or her designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number (800) 221-8724 or 
on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the 
area. If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or his or her 
designated representative.
    (d) 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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zones by the Los Angeles Port Police 
and the Long Beach Police Department.
    (f) Effective period. This section is effective from 11:59 p.m. PDT 
on June 15, 2002 through 11:59 p.m. PST on December 21, 2002.

    Dated: June 11, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-15388 Filed 6-18-02; 8:45 am]
BILLING CODE 4910-15-P