[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Rules and Regulations]
[Pages 13231-13233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6632]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-005]
RIN 1625-AA00 [Formerly RIN 2115-AA97]


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising current safety zone regulations by 
establishing security zones around and under all liquefied hazardous 
gas (LHG) tank vessels located on San Pedro Bay, California, in and 
near the ports of Los Angeles and Long Beach. These security zones are 
needed for national security reasons to protect the public and ports 
from potential subversive acts. Entry into these zones will be 
prohibited unless specifically authorized by the Captain of the Port 
Los Angeles-Long Beach.

DATES: This rule is effective March 21, 2003.

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 02-005] and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office/Group 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, 
Assistant Chief of Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 27, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Liquefied Hazardous Gas Tank Vessels 
San Pedro Bay, CA'' in the Federal Register (67 FR 79014). We received 
no letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    Current regulations issued under 33 CFR 165.1151 provide for safety 
zones around LHG tank vessels that are anchored, moored, or underway 
near the Los Angeles-Long Beach port areas. However, these safety zones 
are inadequate to address increased security requirements for LHG tank 
vessels. On January 28, 2002, we published a temporary final rule (TFR) 
entitled ``Security Zones; San Pedro Bay, California'' in the Federal 
Register (67 FR 3814) that expired on June 15, 2002. On June 19, 2002, 
we published a similar TFR entitled ``Security Zones; Liquefied 
Hazardous Gas Tank Vessels, San Pedro Bay, CA'' in the Federal Register 
(67 FR 41625) that expired on December 21, 2002.
    On December 31, 2002, we published a similar TFR entitled 
``Security Zones; Liquefied Hazardous Gas Tank Vessels, San Pedro Bay, 
CA'' in the Federal Register (67 FR 79856) that is set to expire on 
March 21, 2003. The Captain of the Port has determined the need for 
continued security regulations exists. Accordingly, this rulemaking 
makes permanent the temporary security zones published in the Federal 
Register on December 31, 2002.
    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 Maritime Administration 
recently issued a MARAD Advisory (03-01 (071900Z FEB 03)) informing 
operators of maritime interests of increased threat possibilities to 
vessels and facilities and a higher risk of terrorist attack to the 
transportation community in the United States. The current TFR is set 
to expire March 21, 2003 and any delay in the effective date of this 
final rule is impractical and contrary to the public interest.

Background and Purpose

    Since the September 11, 2001 terrorist attacks on the World Trade 
Center in New York, the Pentagon in Arlington, Virginia and Flight 93, 
the Federal Bureau of Investigation (FBI) has issued several warnings 
concerning the potential for additional terrorist attacks within the 
United States. In addition, the ongoing hostilities in Afghanistan and 
growing tensions in Iraq have made it prudent for U.S. ports to be on a 
higher state of alert because the al Qaeda organization and other 
similar organizations have declared an ongoing intention to conduct 
armed attacks on U.S. interests worldwide.
    In its effort to thwart terrorist activity, the Coast Guard has 
increased safety and security measures on U.S. ports and waterways. As 
part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 
99-399), Congress amended section 7 of the Ports and Waterways Safety 
Act (PWSA), 33 U.S.C. 1226, 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. The Coast Guard also has authority to establish 
security zones pursuant to the Act of June 15, 1917, as amended by the 
Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing 
regulations promulgated by the President in subparts 6.01 and 6.04 of 
Part 6 of Title 33 of the Code of Federal Regulations. Section 104 of 
the Maritime Transportation Security Act (MTSA) of 2002 (Pub. L. 107-
295, 116 Stat. 2064) extended the geographical reach of the Magnuson 
Act to twelve nautical miles seaward of the baseline of the United 
States and added civil penalty liability for violation. However, this 
rulemaking does not exercise the full extent of the geographical limit 
allowed by the PWSA and the recently amended Magnuson Act. The Coast 
Guard retains discretion to extend the geographical reach of this rule 
via notice and comment procedures to the twelve nautical mile limit 
should circumstances warrant such action.
    In this particular rulemaking, to address the aforementioned 
security concerns and to take steps to prevent the catastrophic impact 
that a terrorist attack against a LHG tank vessel would have on the 
public interest, the Coast Guard is revising current LHG safety zone 
regulations by establishing security zones around and under LHG tank 
vessels entering, departing, or moored within the ports of Los Angeles 
and Long Beach. These security zones help the Coast Guard to prevent 
vessels or persons from engaging in terrorist actions against LHG tank 
vessels. The Coast Guard has determined the establishment of security 
zones is prudent for LHG tank vessels because they carry LHG cargoes in 
bulk.

Discussion of Comments and Changes

    We received no letters commenting on the proposed rule. No public 
hearing was requested, and none was held.

[[Page 13232]]

Therefore, we have made no changes and will implement the provision of 
the proposed rule as written.

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).
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    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 received no letters commenting on this section and have made no 
changes to the proposed rule.

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 could better evaluate 
its effects on them and participate in the rulemaking process.
    We received no letters commenting on this section and have made no 
changes to the proposed 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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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.
    We received no letters commenting on this section and have made no 
changes to the proposed rule.

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:

[[Page 13233]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 is revised 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, and 160.5; Department of Homeland Security 
Delegation No. 0170.

    2. Revise Sec.  165.1151 to read as follows:


Sec.  165.1151  Security Zones; Liquefied Hazardous Gas Tank Vessels, 
San Pedro Bay, California.

    (a) Definition. ``Liquefied Hazardous Gas'' as used in this section 
means a liquid containing one or more of the products listed in Table 
127.005 of this part 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, extending from the surface to the sea floor, within 
a 500 yard radius around any liquefied hazardous gas (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 shore area and all waters, extending from the surface to 
the sea floor, within a 500 yard radius around any LHG tank vessel that 
is moored, or in the process of mooring, at any berth within the Los 
Angeles or Long Beach port areas inside the Federal breakwaters 
bounding San Pedro Bay;
    (3) All waters, extending from the surface to the sea floor, within 
1000 yards ahead and 500 yards on each side and astern of any LHG tank 
vessel that is underway either on the waters inside the Federal 
breakwaters bounding San Pedro Bay or on the waters within three 
nautical miles seaward of the Federal breakwaters.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or remaining in these zones 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-USCG 
(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.
    (3) When any LHG tank vessels approach within 500 yards of a vessel 
that is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains within the LHG tank vessel's security zone 
unless it is either ordered by or given permission from the Captain of 
the Port Los Angeles-Long Beach to do otherwise.
    (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 these security zones by the Los Angeles Port Police 
and the Long Beach Police Department.

    Dated: February 18, 2003.
John M. Holmes,
Captain, Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 03-6632 Filed 3-18-03; 8:45 am]
BILLING CODE 4910-15-P