[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Proposed Rules]
[Pages 13647-13649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6636]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-023]
RIN 1625-AA00


Safety and Security Zone; Cove Point Liquefied Natural Gas 
Terminal, Chesapeake Bay, Maryland

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes revising the established safety zone 
at the Cove Point Liquefied Natural Gas (LNG) Terminal. This is in 
response to the re-opening of the terminal by Dominion Power scheduled 
for May 2003. This safety and security zone is necessary to help ensure 
public safety and security. The zone will prohibit vessels and persons 
from entering a well-defined area around the Cove Point LNG Terminal.

DATES: Comments and related material must reach the Coast Guard on or 
before April 21, 2003.

ADDRESSES: You may mail comments and related material to Commander, 
U.S. Coast Guard Activities, 2401 Hawkins Point Road, Building 70, Port 
Safety, Security and Waterways Management Branch, Baltimore, Maryland, 
21226-1791. The Port Safety, Security and Waterways Management Branch 
of Coast Guard Activities Baltimore maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Commander, U.S. Coast Guard Activities, 2401 
Hawkins Point Road, Building 70, Port Safety, Security and Waterways 
Management Branch, Baltimore, Maryland, 21226-1791 between 9 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, at Coast 
Guard Activities Baltimore, Port Safety, Security and Waterways 
Management Branch, at telephone number (410) 576-2513.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD05-03-
023], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8 \1/2\ by 11 inches, suitable for copying. If you would like to know 
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, U.S. Coast Guard 
Activities Baltimore at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a 
separate notice in the Federal Register.

Background and Purpose

    In preparation for the re-opening of the LNG terminal at Cove 
Point, MD, the Coast Guard is evaluating the current safety zone 
established in 33 CFR 165.502. This safety zone was established during 
the initial operation of the terminal in 1979 and includes both the 
terminal and associated vessels. To better manage the safety and 
security of the LNG terminal, this

[[Page 13648]]

proposed rule incorporates necessary security provisions and changes 
the size of the zone. This Notice of Proposed Rulemaking (NPRM) 
proposes to establish a combined safety zone and security zone for the 
LNG terminal at Cove Point.
    Based on the September 11, 2001 terrorist attacks on the World 
Trade Center buildings in New York, NY and the Pentagon building in 
Arlington, VA, there is an increased risk that subversive activity 
could be launched by vessels or persons in close proximity to the Cove 
Point LNG Terminal. 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 Espionage Act of June 15, 1917, as amended by the Magnuson Act of 
August 9, 1950 (50 U.S.C. 191 et seq.) (``Magnuson Act''), section 104 
of the Maritime Transportation Security Act of November 25, 2002, and 
by 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.

Discussion of Proposed Rule

    Under 33 CFR 165.502, there are three safety zones around the Cove 
Point LNG Terminal: (1) A \1/2\ mile zone while LNG vessels are 
maneuvering, (2) 50 yards shoreward and 200 yards offshore from the 
terminal while an LNG vessel is moored, and (3) 50 yards in all 
directions around the terminal at all other times. The Coast Guard 
proposes to consolidate these zones into one and increase the size of 
the permanent zone to reduce the potential threat that may be posed by 
vessels or persons that approach the offshore terminal. The proposed 
safety and security zone is 500 yards in all directions from the 
terminal. This will create a rectangular area approximately 2500 yards 
long by 1200 yards wide around the terminal.
    The proposed safety and security zone will be in effect 
continuously. The effect will be to prohibit vessels or persons from 
entering the safety and security zone, unless specifically authorized 
by the Captain of the Port, Baltimore, Maryland. Federal, State, local, 
and private agencies may assist the Coast Guard in the enforcement of 
this rule.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This regulation is of limited 
size, and vessels may transit around the zone.
    There may be some adverse effects on the local maritime community 
that has been using the area as a fishing ground. Since the terminal 
has not been in operation, the Coast Guard has not enforced the current 
zone under 33 CFR 165.502. Commercial vessel operators have been using 
the area on a regular basis for commercial fishing, passenger tours, 
and fishing parties. Enforcement of the proposed zone or the current 
zone would prohibit these commercial vessel operators from using this 
area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule changes the size of the 
zone but does not create a new safety and security zone. The proposed 
rule would affect the following entities, some of which might be small 
entities: The owners or operators of vessels intending to transit or 
anchor in a portion of the Chesapeake Bay near the Cove Point LNG 
Terminal.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Dulani 
Woods, at Coast Guard Activities Baltimore, Port Safety, Security and 
Waterways Management Branch, at telephone number (410) 576-2513.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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.

[[Page 13649]]

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed 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 this rule establishes a security 
zone. 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), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, and 160.5; Department of Homeland Security 
Delegation No. 0170.
    2. Revise Sec.  165.502 to read as follows:


Sec.  165.502  Safety and Security Zone; Cove Point Liquefied Natural 
Gas Terminal, Chesapeake Bay, Maryland.

    (a) Location. The following area is a safety and security zone: All 
waters of the Chesapeake Bay, from surface to bottom, encompassed by 
lines connecting the following points, beginning at 38[deg]24'27'' N, 
076[deg]23'42'' W, thence to 38[deg]24'44'' N, 076[deg]23'11'' W, 
thence to 38[deg]23'55'' N, 076[deg]22'27'' W, thence to 38[deg]23'37'' 
N, 076[deg]22'58'' W, thence to beginning at 38[deg]24'27'' N, 
076[deg]23'42'' W. These coordinates are based upon North American 
Datum (NAD) 1983. This area is 500 yards in all directions from the 
Cove Point LNG terminal structure.
    (b) Regulations
    (1) In accordance with the general regulations in Sec.  165.23 and 
Sec.  165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Baltimore, Maryland or his designated representative. Designated 
representatives include any Coast Guard commissioned, warrant, or petty 
officer.
    (2) Persons desiring to transit the area of the zone may contact 
the Captain of the Port at telephone number (410) 576-2693 or via VHF 
Marine Band Radio channel 16 (156.8 MHz) to seek permission to transit 
the area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.
    (c) 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, local, and private 
agencies.

    Dated: February 26, 2003.
Roger B. Peoples,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-6636 Filed 3-19-03; 8:45 am]
BILLING CODE 4910-15-P