[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Rules and Regulations]
[Page 61751-61753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 03-011]
RIN 1625-AA00
Security Zone; Long Beach, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a security zone in the waters
adjacent to Pier T126 in San Pedro Bay, Long Beach, CA. This action is
needed to protect U.S. Naval vessels and their crew during the
offloading of equipment from a Military Sealift Command (MSC) vessel at
Pier T126 from sabotage, or other subversive acts, accidents, criminal
actions or other causes of a similar nature. Entry, transit, or
anchoring in this zone is prohibited unless authorized by the Captain
of the Port (COTP) Los Angeles-Long Beach, or his designated
representative.
DATES: This rule is effective from 6 a.m. on October 21, 2003, to 6
a.m. on November 21, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Los Angeles-Long Beach 03-011] 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 Ryan Manning, USCG, 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
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Final dates and other
logistical details for the event were not provided to the Coast Guard
in time to draft and publish an NPRM or a temporary final rule 30 days
prior to the event, as the event would occur before the rulemaking
process was complete. Any delay in implementing this rule would be
contrary to the public interest since immediate action is necessary to
protect persons, vessels and others in the maritime community from the
hazards associated with the offloading operations.
For the same reasons stated above, 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.
Background and Purpose
The United States Navy will conduct military outload operations
from Long Beach Pier T126. These operations involve the offloading of
equipment onboard a Military Sealift Command (MSC) vessel for the
furtherance of our national security. These offload evolutions are
directed at a moment's notice. In an effort to protect the offload
evolution and provide adequate notice to the public, the Captain of the
Port of Los Angeles-Long Beach proposes to establish a temporary
security zone around the Long Beach Pier T126 which will be actively
enforced when the military offload evolution occurs.
As part of the Diplomatic Security and Antiterrorism Act of 1986
(Pub. L. 99-399), Congress amended the Ports and Waterways Safety Act
(PWSA) 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 (33 U.S.C. 1226). The terrorist acts against the United
States on September 11, 2001, have increased the need for safety and
security measures on U.S. ports and waterways.
In response to these terrorist acts, and in order to prevent
similar occurrences, the Coast Guard proposes to establish a temporary
security zone in the navigable waters of the United States adjacent to
the Long Beach Pier T126. The action proposed under this rule is
necessary to protect U. S. Naval vessels and their crews during these
military outload evolutions at Long Beach Pier T126 from sabotage, or
other subversive acts, accidents, criminal actions or other causes of a
similar nature.
Discussion of Rule
Due to national security interests, the implementation of this
security zone is necessary for the protection of the United States and
its people. The security zone will encompass the navigable waters
within 500 yards of the MSC vessel while it is moored at Long Beach
T126. The size of the zone is the minimum necessary to provide adequate
protection for U.S. Naval vessels, their crews, adjoining areas, and
the public.
The military outload evolutions involve the transfer of military
equipment from a MSC vessel to a shore side staging area. The security
zone will accompany other security measures implemented at Long Beach
Pier T126 waterfront facility.
Due to complex planning, national security reasons, and
coordination with all military schedules, information regarding the
precise location and date of the military outload will not be
circulated. However, prior to the outload evolution, the public will be
notified that the security zone is in effect and will be enforced
actively. The notice of active enforcement of the security zone will be
announced via broadcast notice to mariners, local notice to mariners,
or by any other means that is deemed appropriate.
This security zone is established pursuant to the authority of the
Magnuson Act regulations promulgated by the President under 50 U.S.C.
191, including subparts 6.01 and 6.04 of part 6 of title 33 of the Code
of Federal Regulations. Vessels or persons violating this section are
subject to the penalties set forth in 50 U.S.C. 192 which include
seizure and forfeiture of the vessel, a monetary penalty of not more
than $12,500, and imprisonment for not more than 10 years.
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).
Although this regulation restricts access to the zone, the effect
of this regulation will not be significant because: (i) The zone will
encompass only a small portion of the waterway; (ii) vessels will be
able to pass safely
[[Page 61752]]
around the zones; and (iii) vessels may be allowed to enter these zones
on a case-by-case basis with permission of the Captain of the Port, or
his designated representative.
Most of the entities likely to be affected are pleasure craft
engaged in recreational activities and sightseeing. Any hardships
experienced by persons or vessels are considered minimal compared to
the national interest in protecting the U.S. Naval vessel, their crew,
and the public. Accordingly, full regulatory evaluation under the
regulatory policies and procedures of the DHS is unnecessary.
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. Most of the traffic in this area is recreational traffic and
sightseers. The economic impact is minimized by having them gain
permission to transit through the zone from the COTP or his
representative. The Coast Guard has coordinated with known private
business owners in an effort to reduce any substantial impact on
business.
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. If your
small business or organization is affected by this rule and you have
questions concerning its provisions or options 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the Instruction, from further
environmental documentation because we are establishing a security
zone. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be 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.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a new Sec. 165.T11-051 to read as follows:
[[Page 61753]]
Sec. 165.T11-051 Security Zone; Waters Adjacent to Long Beach Pier
T126.
(a) Location. The security zone consists of all waters, extending
from the surface to the sea floor, within a 500-yard radius of a
Military Sealift Command (MSC) vessel, while the vessel is moored at
Long Beach T126.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into, transit through, or anchoring
within the security zone by all vessels is prohibited during military
outloads, unless authorized by the Captain of the Port, or his
designated representative. All other general regulations of Sec.
165.33 of this part apply in the security zone established by this
section.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 1-800-221-USCG or
on VHF-FM 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 or her
designated representative.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zone by the Long Beach Police
Department.
Dated: October 20, 2003.
David P. Crowley,
Commander, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-
Long Beach, California.
[FR Doc. 03-27285 Filed 10-29-03; 8:45 am]
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