![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Safety and Security Zones; Portsmouth Harbor, Portsmouth, NH
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Proposed Rules]
[Page 36122-36124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-21]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-02-045]
RIN 2115-AA97
Safety and Security Zones; Portsmouth Harbor, Portsmouth, NH
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish safety and security
zones in the Captain of the Port, Portland, Maine zone, 1 mile ahead,
\1/2\ mile astern, and 1000-yards on either side of any vessel capable
of carrying Liquefied Petroleum Gas (LPG). This rulemaking also
proposes to establish safety and security zones of 500-yards around any
LPG vessel while it is moored at the LPG receiving facility located on
the Piscataqua River in Newington, New Hampshire. Entry or movement
within these zones, without the express permission of the Captain of
the Port, Portland, Maine or his authorized patrol representative, is
strictly prohibited.
DATES: Comments and related materials much reach the U. S. Coast Guard
on or before July 22, 2002.
ADDRESSES: You may mail comments and related material to Marine Safety
Office, Portland, 103 Commercial Street, Portland, Maine 04101. The
Port Operations Department 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 Marine Safety Office Portland, Maine between 8 a.m. and 4
p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W. W. Gough,
Port Operations Department, Captain of the Port, Portland, Maine at
(207) 780-3251.
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 CGD01-02-
045, 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
they 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 Marine Safety Office Portland,
Maine 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 later notice in the Federal
Register.
Background and Purpose
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, Massachusetts, and flown into the World Trade
Center in New York, New York, inflicting catastrophic human casualties
and property damage. A similar attack was conducted on the Pentagon on
the same day. National security and intelligence officials warn that
future terrorist attacks are possible. Due to these heightened security
concerns, safety and security zones are prudent for Liquefied Petroleum
Gas (LPG) tank vessels, which may be likely targets of terrorist
attacks due to the flammable nature of LPG and the serious impact on
the Port of Portsmouth, New Hampshire and surrounding areas that may be
incurred if an LPG vessel was subjected to a terrorist attack.
On November 20, 2001, a temporary final rule (TFR) entitled
``Safety and Security Zones; LPG Transits, Portland, Maine Marine
Inspection Zone and Captain of the Port Zone'' was published in the
Federal Register (66 FR 58064). This TFR, effective from November 9,
2001 until June 21, 2002, suspended 33 CFR 165.103 and temporarily
established the safety and security zone being permanently proposed by
this Notice of Proposed Rulemaking (NPRM). The TFR has been extended
until August 15, 2002 to allow time to develop the permanent rule being
proposed (67 FR 30807, May 8, 2002).
Discussion of Proposed Rule
This rulemaking proposes to establish safety and security zones in
a radius around LPG vessels while the vessels are moored at the LPG
receiving facility on the Piscataqua River in Newington, New Hampshire.
It would also create moving safety and security zones any time a LPG
vessel is within the Captain of the Port, Portland, Maine zone, as
defined in 33 CFR 3.05-15, in the internal waters of the United States
and the navigable waters of the United States. Under the Ports and
Waterways Safety Act, the navigable waters of the United States include
all waters of the territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988. This
Presidential Proclamation declared that the territorial sea of the
United States extends to 12 nautical miles from the baseline of the
United States determined in accordance with international law.
This rulemaking proposes to establish safety and security zones
with identical boundaries covering the following areas of the Captain
of the Port, Portland, Maine zone: (a) All waters of the Piscataqua
River within a 500-yard radius of any Liquefied Petroleum Gas vessel
while it is moored at the LPG receiving facility on the Piscataqua
River, Newington, New Hampshire; and (b) except as provided in
paragraph (a) of this section, in the waters of the Captain of the
Port, Portland, Maine zone, all waters one mile ahead, one half mile
astern, and 1000-yards on
[[Page 36123]]
either side of any Liquefied Petroleum Gas vessel.
This proposed rulemaking would revise a current safety zone for
transits of tank vessels carrying Liquefied Petroleum Gas in Portsmouth
Harbor, Portsmouth, New Hampshire. Title 33 CFR 165.103 currently
provides for a safety zone during the transit of loaded LPG vessels as
follows: The waters bounded by the limits of the Piscataqua River
Channel and extending 1000-yards ahead and 500-yards astern of tank
vessels carrying LPG while the vessel transits Bigelow Bight,
Portsmouth Harbor, and the Piscataqua River to the LPG receiving
facility at Newington, New Hampshire until the vessel is safely moored
and while the vessel transits outbound from the receiving facility
through the Piscataqua River, Portsmouth Harbor and Bigelow Bight until
the vessel passes the Gunboat Shoal Lighted Bell Buoy ``1'' (LLNR 185).
Title 33 CFR 165.103 recognizes the safety concerns with transits of
large tank vessels, but is inadequate to protect LPG vessels from
possible terrorist attack, sabotage or other subversive acts. National
security and intelligence officials warn that future terrorist attacks
against civilian targets are possible. Due to the flammable nature of
LPG vessels and the impact ignition of this cargo would have on
Portsmouth Harbor, areas along the Piscataqua River and surrounding
areas, increased protection of these vessels is necessary.
In comparison to 33 CFR 165.103, this proposed rulemaking would
provide increased protection for LPG vessels as follows: It would
establish 500-yard safety and security zones around LPG vessels while
moored at the LPG receiving facility on the Piscataqua River,
Newington, New Hampshire. It would also provide continuous protection
for LPG vessels by establishing safety and security zones 1 mile ahead,
\1/2\ mile astern, and 1000-yards on each side of LPG vessels anytime a
vessel is within the waters of the Captain of the Port, Portland, Maine
zone rather than limiting the protection to vessels carrying LPG that
are transiting to and from the facility. It would also extend the zones
to 1000-yards on either side of the vessel rather than limiting the
zone to the limits of the Piscataqua River Channel.
The increased protection provided in this proposed rulemaking also
recognizes the safety concerns associated with an unloaded LPG vessel.
Currently, 33 CFR 165.103 only establishes a safety zone around a
loaded LPG tank vessel or while the vessel is transferring its cargo.
This proposed rulemaking would establish safety and security zones
around any LPG vessel, loaded or unloaded, any time a LPG vessel is
located in the Captain of the Port, Portland, Maine zone, including the
internal waters and out to 12 nautical miles from the baseline of the
United States. These proposed zones would provide necessary protection
to unloaded vessels, which continue to pose a safety and security
hazard due to ignition of the vapor material. This proposed rulemaking
also recognizes the continued need for safety zones around LPG vessels,
which are necessary to protect persons, facilities, vessels and others
in the maritime community, from the hazards associated with the transit
and limited maneuverability of a large tank vessel.
No person or vessel would be able to enter or remain in the
proposed safety and security zones at any time without the permission
of the Captain of the Port, Portland, Maine. Each person or vessel in a
safety and security zone would be required to obey any direction or
order of the Captain of the Port, Portland, Maine. The Captain of the
Port, Portland, Maine would be able to take possession and control of
any vessel in a security zone and/or remove any person, vessel, article
or thing from a security zone. No person would be able to board, take
or place any article or thing on board any vessel or waterfront
facility in a security zone without permission of the Captain of the
Port, Portland, Maine.
Any violation of any safety or security zone described herein, is
punishable by, among others, civil penalties (not to exceed $25,000 per
violation, where each day of a continuing violation is a separate
violation), criminal penalties (imprisonment for not more than 10 years
and a fine of not more than $250,000), in rem liability against the
offending vessel, and license sanctions.
Regulatory Evaluation
This proposed rulemaking 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).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary for the
following reasons: (a) The proposed safety and security zones would
encompass only a portion of the Captain of the Port, Portland, Maine
zone around the transiting LPG vessel, allowing vessels to safely
navigate around the zones without delay (b) while the LPG vessel is
transiting the Piscataqua River, maritime advisories would be broadcast
to advise the maritime community of the safety and security zones,
allowing vessels to plan their safe navigation around the zones (c) the
proposed safety and security zones while the vessel is moored at the
LPG receiving facility on the Piscataqua River, Newington, New
Hampshire, would be small enough to allow vessels to navigate safely
around the zones without delay.
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.
For the reasons enumerated in the Regulatory Evaluation section
above, 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. There is no indication the
present rule has been burdensome on the maritime public. No letters
commenting on the present rule have been received from the public.
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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant
[[Page 36124]]
(Junior Grade) W. W. Gough, Port Operations Department, Captain of the
Port, Portland, Maine at (207) 780-3251.
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.
Taking of Private Property
This proposed 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 proposed rule meets applicable standards in section 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity and reduce burden.
Protection of Children
The Coast Guard has analyzed this proposed rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks. This proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. A rule with tribal implications has 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.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under Figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
Energy Effects
The Coast Guard has 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
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.
2. Revise Sec. 165.103 to read as follows:
Sec. 165.103 Safety and Security Zones; LPG Vessel Transits in
Captain of the Port Portland, Maine Zone, Portsmouth Harbor, Portsmouth
New Hampshire.
(a) Location. The following areas are safety and security zones:
(1) All waters of the Piscataqua River within a 500-yard radius of any
Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG
receiving facility on the Piscataqua River, Newington, New Hampshire;
and (2) except as provided in paragraph (a)(1) of this section, in the
waters of the Captain of the Port, Portland, Maine zone, all waters one
mile ahead, one half mile astern, and 1000-yards on either side of any
Liquefied Petroleum Gas vessel.
(b) Regulations. (1) In accordance with the general regulations in
Sec.Sec. 165.23 and 165.33 of this part, entry into or
movement within these zones is prohibited unless previously authorized
by the Captain of the Port (COTP), Portland, Maine.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Emergency response vessels are authorized to move within the zone, but
must abide by restrictions imposed by the Captain of the Port,
Portland, Maine.
(3) No person may swim upon or below the surface of the water
within the boundaries of the safety and security zones unless
previously authorized by the Captain of the Port, Portland, Maine or
his authorized patrol representative.
Dated: May 13, 2002.
M.P. O'Malley,
Commander, Coast Guard, Captain of the Port, Portland, ME.
[FR Doc. 02-13006 Filed 5-22-02; 8:45 am]
BILLING CODE 4910-15-P