[Federal Register Volume 67, Number 13 (Friday, January 18, 2002)]
[Rules and Regulations]
[Pages 2571-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1369]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles--Long Beach 01-011]
RIN 2115-AA97


Security Zones; Port of Los Angeles and Catalina Island

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a moving and fixed security 
zone 100 yards around all cruise ships that enter, are moored in, or 
depart from the Port of Los Angeles, and while anchored at Catalina 
Island. These security zones are needed for national security reasons 
to protect the public and ports from potential subversive acts. Entry 
into these zones is prohibited, unless specifically authorized by the 
Capitan of the Port Los Angeles--Long Beach, or his designated 
representative.

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DATES: The regulation is effective from 11:59 p.m. PST on November 1, 
2001 to 11:59 p.m. PDT on May 1, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles--Long Beach 01-011 and 
are available for inspection or copying at Coast Guard Marine Safety 
Office 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, 
Waterways Management, 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. Publishing an NPRM, which 
would incorporate a comment period before a final rule was issued, 
would be contrary to the public interest since immediate action is 
needed to protect the public, ports, and waterways of the United 
States. For the same reasons, 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 Coast Guard will 
issue a broadcast notice to mariners advising of these new regulations.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center in New York and the Pentagon in Arlington, Virginia, there 
is an increased risk that subversive activity could be launched by 
vessels or persons in close proximity to the Port of Los Angeles or 
Catalina Island, against cruise ships entering, departing, or moored 
within the port of Los Angeles and against cruise ships anchored at 
Catalina Island. 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 has established a security zone 
around cruise ships to protect persons, transiting vessels, adjacent 
waterfront facilities, and the adjacent land of the Port of Los Angeles 
and Catalina Island. These security zones are necessary to prevent 
damage or injury to any vessel or waterfront facility, and to safeguard 
ports, harbors, or waters of the United States near Los Angeles and 
Catalina Island, California.
    These security zones are 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 person violating this 
section are subject to the penalties set forth in 50 U.S.C. 192: 
Seizure and forfeiture of the vessel, a monetary penalty of not more 
than $10,000, and imprisonment for not more than 10 years.
    This regulation will be enforced by the Captain of the Port Los 
Angeles--Long Beach, who may also enlist the aid and cooperation of any 
Federal, State, county, municipal, and private agencies to assist in 
the enforcement of this regulation. Initially, Coast Guard and local 
police department patrol vessels will be on scene to monitor traffic 
through these areas.
    This security zone prohibits all vessels and people from 
approaching cruise ships that are underway or moored near Los Angeles, 
California, and while anchored at Catalina Island. Specifically, no 
vessel or person may close to within 100 yards of a cruise ship that is 
entering, moored, or departing the Port of Los Angeles, or while 
anchored at Catalina Island.
    A security zone is automatically activated when a cruise ship 
passes the Los Angeles sea buoy while entering port and remains in 
effect while the vessel is moored within in the Port of Los Angeles, 
California. Additionally, a security zone is automatically activated 
when a cruise ship is anchored at Catalina Island. When activated, 
these security zones will encompass a portion of the waterway described 
as a 100-yard radius around a cruise ship in the Port of Los Angeles, 
and at Catalina Island. These security zones are automatically 
deactivated when the cruise ship passes the Los Angeles sea buoy on its 
departure from port, or weighs anchor from Catalina Island. Vessels and 
people may be allowed to enter an established security zone on a case-
by-case basis with authorization from the Captain of the Port.

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 limited periods of time.

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.
    For the same reasons stated in the section above, 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.

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 could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction 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

[[Page 2573]]

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 it is categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and record 
keeping 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, 160.5; 49 CFR 1.46.

    2. Add a new temporary Sec. 165.T11-058 to read as follows:


Sec. 165.T11-058  Security Zones; Port of Los Angeles and Catalina 
Island.

    (a) Regulated area. Temporary moving security zones are established 
100 yards around all cruise ships while entering or departing the Port 
of Los Angeles. These moving security zones are activated when the 
cruise ship passes the Los Angeles sea buoy while entering the Port of 
Los Angeles. Temporary fixed security zones are established 100 yards 
around all cruise ships docked in the Port of Los Angeles, California, 
and while anchored at Catalina Island. These security zones are 
deactivated when the cruise ship passes the sea buoy on its departure 
from the Port of Los Angeles or weighs anchor at Catalina Island.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33, the following rules apply to security zones established by 
this section:
    (i) No person or vessel may enter or remain in a security zone 
without the permission of the Captain of the Port;
    (ii) Each person and vessel in a security zone shall obey any 
direction or order of the Captain of the Port;
    (iii) The Captain of the Port may take possession and control of 
any vessel in a security zone;
    (iv) The Captain of the Port may remove any person, vessel, 
article, or thing from a security zone;
    (v) No person may board, or take or place any article or thing on 
board, any vessel in a security zone without the permission of the 
Captain of the Port; and
    (vi) No person may take or place any article or thing upon any 
waterfront facility in a security zone without the permission of the 
Captain of the Port.
    (2) The Captain of the Port will notify the public via broadcast 
and published notice to mariners.
    (3) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules 
of the road and safe navigation practice.
    (4) The regulations of this section will be enforced by the Captain 
of the Port Los Angeles-Long Beach, or his authorized representative, 
and the Los Angeles Port Police.
    (c) Effective dates. This section becomes effective at 11:59 p.m. 
PST on November 1, 2001, and will terminate at 11:59 p.m. PDT on May 1, 
2002.

    Dated: November 1, 2001.
J. M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-1369 Filed 1-17-02; 8:45 am]
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