[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Rules and Regulations]
[Pages 79856-79858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33017]


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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. 
This action is 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. PST on December 21, 2002, 
to 11:59 p.m. PST on March 21, 2003.

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 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM because the threat of maritime 
attacks is real and imminent.
    The October 6, 2002, attack of a French oil tanker off the coast of 
Yemen and the continuing threats to U.S. assets as described in the 
President's finding in Executive Order 13273 of August 21, 2002 in the 
Federal Register (67 FR 56215, September 3, 2002) demonstrate continued 
disturbances that further endanger the security and international 
relations of the United States. See also Continuation of the National 
Emergency with Respect to Certain Terrorist Attacks of September 13, 
2002 in the Federal Register (67 FR 58317); Continuation of the 
National Emergency With Respect To Persons Who Commit, Threaten To 
Commit, Or Support Terrorism September 20, 2002 in the Federal Register 
(67 FR 59447). As a result, a heightened level of security continues to 
be maintained 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.
    Although we had anticipated using the effective period of the 
current temporary final rule to engage in notice and comment 
rulemaking, the Captain of the Port has decided to extend the effective 
period for 3 months to allow sufficient time to properly develop 
permanent regulations tailored to the present and foreseeable security 
environment. This extension preserves the status quo within the Port 
while a permanent rule is 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.

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

[[Page 79857]]

organizations have declared an ongoing intention to conduct armed 
attacks on U.S. interests worldwide.
    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 has temporarily suspended current LHG 
safety zone regulations and temporarily replaced them with security 
zones around and under any LHG tank vessels entering, departing, or 
moored within the ports of Los Angeles and Long Beach. These security 
zones will help the Coast Guard to prevent vessels or persons from 
engaging in terrorist actions against LHG tank vessels.
    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). In that rule, which expired on June 15, 2002, we 
temporarily replaced the LHG safety zones with security zones of a 
similar size and location.
    On June 19, 2002, we published a TFR entitled ``Security Zones; 
Liquefied Hazardous Gas Tank Vessels, San Pedro Bay, CA'' in the 
Federal Register (67 FR 41625). In that rule, which is set to expire on 
December 21, 2002, we continue to temporarily replace the safety zones 
with security zones for LHG tank vessels near Los Angeles-Long Beach. 
Although we had anticipated using the effective period of this TFR to 
engage in notice and comment rulemaking, the Captain of the Port has 
decided to extend the effective period again to allow sufficient time 
to properly develop permanent regulations tailored to the present and 
foreseeable security environment. Accordingly, this rulemaking extends 
the effective period of the temporary security zones for 3 months.

Discussion of Rule

    This rule 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 3 nautical miles outside the Federal breakwaters encompassing 
San Pedro Bay and will remain in effect until that vessel departs the 3 
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 3 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;
    (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 
3 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.
    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.
    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, and a civil penalty 
of not more than $25,000 for each day of a continuing violation.
    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 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 30 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.
    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.

[[Page 79858]]

    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 is 
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 30 minutes in duration.

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 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 M16475.1D, 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, and 160.5; 49 CFR 1.46.


Sec.  165.1151  [Suspended]

    2. Temporarily suspend Sec.  165.1151 from 11:59 p.m. PST December 
21, 2002 through 11:59 p.m. PST March 21, 2003.

    3. Revise temporary Sec.  165.T11-066(f) to read as follows:


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

* * * * *
    (f) Effective period. This section is effective from 11:59 p.m. PST 
on December 21, 2002, through 11:59 p.m. PST on March 21, 2003.
* * * * *

    Dated: December 20, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 02-33017 Filed 12-30-02; 8:45 am]
BILLING CODE 4910-15-P