[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Proposed Rules]
[Pages 37714-37715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18329]
[[Page 37714]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 96-003]
RIN 2115-AA97
Safety Zone; San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a moving safety zone
around any liquefied hazardous gas tank vessel (LGH T/V) while the
vessel is anchored, moored, or underway within the Los Angeles-Long
Beach port area. The safety zone will take effect upon the entry of any
LHG T/V into the waters within three (3) miles outside of the Federal
breakwater bounding San Pedro Bay, and will remain in effect until the
LHG T/V leaves the said three (3) mile limit. Entry into this zone will
be prohibited unless authorized by the Captain of the Port Los Angeles-
Long Beach. Prohibiting vessel traffic from entering these moving
safety zones will reduce the likelihood of a collision or explosion
involving a liquefied hazardous gas carrier.
DATES: Comments must be received on or before September 17, 1996.
ADDRESSES: Comments should be mailed to: Commanding Officer, U.S. Coast
Guard Marine Safety Office Los Angeles-Long Beach, 165 N. Pico Avenue,
Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Mark T. Cunningham, Chief, Port Safety and Security
Division, Marine Safety Office Los Angeles-Long Beach, 165 N. Pico
Avenue, Long Beach, CA 90802; phone: (310) 980-4454 or fax: (310) 980-
4415.
SUPPLEMENTARY INFORMATION: Interested persons are invited to
participate in this rulemaking by submitting written views, data or
arguments. Persons submitting comments should include their names and
addresses, identify this notice (COTP Los Angeles-Long Beach 96-003)
and the specific section of this proposal to which their comments
apply, and should give reasons for each comment within their
correspondence. The proposed rules may be changed in light of comments
received. No public hearing is planned, but one may be held if written
requests are received and it is determined that the opportunity to make
oral presentations will aid the rulemaking process.
Discussion of Proposed Regulations
Liquefied hazardous gas tank vessels (LHG T/V) periodically transit
and moor in Los Angeles-Long Beach port areas to load butane at the
AmeriGas facility at Los Angeles Berth 120. For each LHG T/V arrival
and departure, the Captain of the Port Los Angeles-Long Beach has
exercised his authority and established a temporary safety zone around
the vessel. These transits are occuring with increasing frequency. The
Captain of the Port is proposing a regulation which would establish a
moving safety zone around each LHG T/V while it is in the port area to
protect the public and port waterways and resources from the hazards
associated with the transport and transfer of liquefied hazardous gas.
The following areas would be established as safety zones during the
specified conditions:
(1) The waters within a 500 yard radius around a liquefied
hazardous gas tank vessel (LHG T/V), while the vessel is anchored at a
designated anchorage area either inside or outside of the Federal
breakwater bounding San Pedro Bay;
(2) The waters and land area within 50 yards of a LHG T/V, while
the vessel is moored at any berth within the Los Angeles or Long Beach
port area, inside the Federal breakwater;
(3) The waters 1000 yards ahead of and within 500 yards of all
other sides of a LHG T/V, while the vessel is underway on the waters
inside the Federal breakwater bounding San Pedro Bay, or within the
waters three (3) miles outside of the Federal breakwater.
Entry into this zone will be prohibited subject to the following
exceptions:
(1) When entry is authorized by the Captain of the Port Los
Angeles-Long Beach; or
(2) Vessels already moored or anchored when the LHG T/V safety zone
is in effect are not required to get underway to avoid entering into
the safety zone boundaries detailed above.
The Coast Guard will issue a Broadcast Notice to Mariners advising
the marine community of any LHG T/V transits. Once activated, Coast
Guard and Los Angeles Harbor Patrol escort vessels will enforce the
safety zone around the LGH vessels.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget 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). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of the Department of Transportation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small Entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. The Coast Guard will broadcast
scheduled transits, enabling other companies with vessels transiting in
the area to adjust their vessel movements accordingly, causing minimal
economic impact. Since the economic impact of this proposal is expected
to be minimal, the Coast Guard certifies that, if adopted, it will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
regulation and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994, it
will have no significant environmental impact and it is categorically
excluded from further environmental documentation. A categorical
exclusion determination and environmental analysis checklist are
included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 37715]]
requirements, Security measures, Waterways.
Proposed Regulation
In consideration of the foregoing, subpart F of part 165 title 33,
Code of Federal Regulations, is proposed to be amended as follows:
PART 165--[AMENDED]
1. The authority citation for 33 CFR 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.
2. A new Sec. 165.1101 is added to read as follows:
Sec. 165.1101 Safety Zone: San Pedro Bay, CA.
(a) Location. The following areas are established as safety zones
during the specified conditions:
(1) The waters within a 500 yard radius around a liquefied
hazardous gas tank vessel (LHG T/V) while the vessel is anchored at a
designated anchorage area either inside or outside of the Federal
breakwater bounding San Pedro Bay;
(2) The waters and land area within 50 yards of a LHG T/V, while
the vessel is moored at any berth within the Los Angeles or Long Beach
port area, inside the San Pedro Bay breakwater;
(3) The waters 1000 yards ahead of and within 500 yards of all
other sides of a LHG T/V, while the vessel is underway on the waters
inside the Federal breakwater bounding San Pedro Bay, or within the
waters three (3) miles outside of the Federal breakwater.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone is prohibited subject to the following exceptions:
(1) Entry may be authorized by the Captain of the Port; or
(2) Vessels already anchored or moored when the LHG safety zone is
in effect are not required to get underway to avoid entering into the
safety zone boundaries as listed above.
(c) Notice. The Captain of the Port will notify the maritime
community of periods during which this safety zone will be in effect
via Broadcast Notice to Mariners.
Dated: April 17, 1996.
E.E. Page,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 96-18329 Filed 7-18-96; 8:45 am]
BILLING CODE 4910-14-M