[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Rules and Regulations]
[Page 72561-72563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-6]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 02-004]
RIN 2115-AA97
Security Zones; San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing moving and fixed security
zones around and under all cruise ships located on San Pedro Bay,
California, in and near the ports of Los Angeles and Long Beach. These
security zones are needed for national security reasons to protect the
public and ports from potential terrorist acts. Entry into these zones
will be prohibited unless specifically authorized by the Captain of the
Port Los Angeles-Long Beach.
DATES: This rule is effective December 1, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (COTP Los Angeles-Long Beach 02-004) 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
On October 28, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zones; San Pedro Bay, CA'' in the Federal
Register (67 FR 65746). We received no letters commenting on the
proposed rule. No public hearing was requested, and none was held.
On January 18, 2002, we published a similar temporary final rule
(TFR) entitled ``Security Zones; Port of Los Angeles and Catalina
Island'' in the Federal Register (67 FR 2571) that expired on May 1,
2002.
On May 13, 2002, we published a similar temporary final rule (TFR)
entitled ``Security Zones; Cruise Ships, San Pedro Bay, CA'' in the
Federal Register (67 FR 31955) that is set to expire December 1, 2002.
The Captain of the Port has determined the need for continued
security regulations exists. Accordingly, this final rule creates a
permanent regulation for security zones in the same locations covered
by the temporary final rule published May 13, 2002.
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. The current TFR is set to expire
December 1, 2002, and any delay in the effective date of this final
rule is impractical and contrary to the public interest.
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 organizations have declared an ongoing intention to conduct
armed attacks on U.S. interests worldwide.
In its effort to thwart terrorist activity, the Coast Guard has
increased safety and security measures on U.S. ports and
[[Page 72562]]
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 Magnuson Act (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.
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 cruise ship would have on the public
interest, the Coast Guard is establishing security zones around and
under cruise ships entering, departing, or moored within the ports of
Los Angeles and Long Beach. These security zones help the Coast Guard
to prevent vessels or persons from engaging in terrorist actions
against cruise ships. The Coast Guard has determined the establishment
of security zones is prudent for cruise ships because they carry
multiple passengers.
Discussion of Comments and Changes
We received no letters commenting on the proposed rule. No public
hearing was requested, and none was held. Therefore, we have made no
changes and will implement the provisions of the proposed rule as
written.
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).
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. We
received no letters commenting on this section and have made no changes
to the proposed 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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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''
[[Page 72563]]
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.
We received no letters commenting on this section and have made no
changes to the proposed rule.
Environment
We have considered the environmental impact of this 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 we are proposing to establish
security zones. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
We received no letters commenting on this section and have made no
changes to the proposed rule.
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.
2. Add Sec. 165.1154 to read as follows:
Sec. 165.1154 Security Zones; Cruise Ships, San Pedro Bay,
California.
(a) Definition. ``Cruise ship'' as used in this section means a
passenger vessel, except for a ferry, over 100 feet in length,
authorized to carry more than 12 passengers for hire; making voyages
lasting more than 24 hours, any part of which is on the high seas; and
for which passengers are embarked or disembarked in the Port of Los
Angeles or Port of Long Beach.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship 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 Federal breakwaters;
(2) The shore area and all waters, extending from the surface to
the sea floor, within a 100 yard radius around any cruise ship that is
moored, or is in the process of mooring, at any berth within the Los
Angeles or Long Beach port areas inside the Federal breakwaters
bounding San Pedro Bay; and
(3) All waters, extending from the surface to the sea floor, within
200 yards ahead, and 100 yards on each side and astern of a cruise ship
that is underway either on the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within 3 nautical miles seaward
of the Federal breakwaters.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Los Angeles-Long Beach, or his designated representative.
(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
(8724) 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.
(3) When a cruise ship approaches within 100 yards of a vessel that
is moored, or anchored, the stationary vessel must stay moored or
anchored while it remains within the cruise ship's security zone unless
it is either ordered by, or given permission from, the COTP Los
Angeles-Long Beach to do otherwise.
(d) 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.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zone by the Los Angeles Port Police and
the Long Beach Police Department.
Dated: November 26, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-30934 Filed 12-5-02; 8:45 am]
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