[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Rules and Regulations]
[Pages 31955-31958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11917]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-009]
RIN 2115-AA97


Security Zones; Cruise Ships, San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing moving and fixed security 
zones around cruise ships located on San Pedro Bay, California, near 
and in the ports of Los Angeles and Long Beach. These actions are 
necessary to ensure public safety and prevent sabotage or terrorist 
acts against these vessels. Persons and vessels are prohibited from 
entering these security zones without permission of the Captain of the 
Port.

DATES: This rule is effective from 11:59 p.m. PDT on May 1, 2002 to 
11:59 p.m. PST on December 1, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 02-009 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, 
Chief of Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

[[Page 31956]]

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. Due to the terrorist attacks 
on September 11, 2001 and the warnings given by national security and 
intelligence officials, there is an increased risk that further 
subversive or terrorist activity may be launched against the United 
States. A heightened level of security has been established around all 
cruise ships near the ports of Los Angeles and Long Beach. These 
security zones are needed to protect the United States and more 
specifically the people, waterways, and properties near San Pedro Bay.
    In addition, the Coast Guard is currently working on an NPRM, for 
this temporary rule to become a final rule, which will soon be 
published. Therefore, the public will still have the opportunity to 
comment on this rule. This current temporary final rule's sole purpose 
is to continue a similar temporary final rule that began enforcement on 
November 1, 2001, recently following the attacks, and expires May 1, 
2002. In this case, doing a NPRM will be repetitious in nature and 
since delay is inherent in the NPRM process, any delay in the effective 
date of this rule, is contrary to the public interest insofar as it may 
render individuals and facilities within and adjacent to cruise ships 
vulnerable to subversive activity, sabotage or terrorist attack. The 
measures contemplated by this rule are intended to prevent future 
terrorist attacks against individuals and facilities within or adjacent 
to cruise ships. Immediate action is required to accomplish these 
objectives and necessary to continue safeguarding these vessels and the 
surrounding area. Any delay in the effective date of this rule is 
impractical and contrary to the public interest.
    For the reasons stated in the paragraphs above under 5 U.S.C. 
553(d)(3), the Coast Guard also finds that good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register.

Background and Purpose

    On September 11, 2001, terrorists launched attacks on commercial 
and public structures--the World Trade Center in New York and the 
Pentagon in Arlington, Virginia--killing large numbers of people and 
damaging properties of national significance. There is an increased 
risk that further subversive or terrorist activity may be launched 
against the United States based on warnings given by national security 
and intelligence officials. The Federal Bureau of Investigation (FBI) 
issued warnings on October 11, 2001 and February 11, 2002 concerning 
the potential for additional terrorist attacks within the United 
States. In addition, the ongoing hostilities in Afghanistan have made 
it prudent for important facilities and vessels to be on a higher state 
of alert because Osama Bin Ladin and his Al Qaeda organization, and 
other similar organizations, have publicly declared an ongoing 
intention to conduct armed attacks on U.S. interests worldwide.
    These heightened security concerns, together with the catastrophic 
impact that a terrorist attack against a cruise ship would have to the 
public interest, makes these security zones prudent on the navigable 
waterways of the United States. To mitigate the risk of terrorist 
actions, the Coast Guard has increased safety and security measures on 
the navigable waterways of San Pedro Bay by establishing security zones 
around cruise ships. Vessels operating near cruise ships present 
possible platforms from which individuals may gain unauthorized access 
to these vessels or launch terrorist attacks upon these vessels or 
adjacent population centers. As a result, the Coast Guard is taking 
measures to prevent vessels or persons from accessing the navigable 
waters close to cruise ships on San Pedro Bay.
    On January 18, 2002, we published a temporary final rule for cruise 
ships entitled ``Security Zones; Port of Los Angeles and Catalina 
Island'' in the Federal Register (67 FR 2571) under Sec. 165.T11-058. 
It has been in effect since 11:59 PST on November 1, 2001 and is set to 
expire 11:59 p.m. PDT on May 1, 2002. As of today, the need for 
security zones around cruise ships still exist. This new temporary 
final rule will begin 11:59 p.m. PDT on May 1, 2002, the exact time the 
previous cruise ship security zone was in effect, and is set to expire 
11:59 p.m. PST December 1, 2002. This will allow the Coast Guard time 
to publish a notice of proposed rulemaking (NPRM) in the Federal 
Register, which will include a public comment period, and for a final 
rule to be published and put into effect without there being an 
interruption in the protection provided by cruise ship security zones.
    This new rule differs slightly from temporary section 165.T11-058 
in a few ways. First, this temporary rule extends only the security 
zones in San Pedro Bay. Second, the security zones will be in effect 
around cruise ships in the Port of Long Beach as well as the Port of 
Los Angeles. Third, while underway in San Pedro Bay, the security zone 
will be 200 yards ahead, and 100 yards on each side and astern of the 
cruise ship which is needed due to the cruise ship's speed of advance 
through the water. Fourth, while implicit in the prior temporary rule, 
the security zones here will be described as extending from the water's 
surface to the sea floor. This more specific description is intended to 
discourage unidentified scuba divers and swimmers from coming within 
close proximity of a cruise ship. Fifth, the security zone around 
cruise ships that are underway or anchored on San Pedro Bay was 
broadened from only the port of Los Angeles inside the Los Angeles 
``sea buoy'' to include all waters on San Pedro Bay within three 
nautical miles of the Federal breakwaters. Lastly, to clarify to which 
types of passenger vessels the rule applies, we have defined ``cruise 
ship'' to coincide with the description in 33 CFR 120.100.

Discussion of Rule

    This regulation establishes a security zone in the waters of San 
Pedro Bay around all cruise ships that are anchored, moored, or 
underway within the Los Angeles or Long Beach port area. This security 
zone will take effect upon entry of any cruise ship into the waters 
from within three nautical miles outside the Federal breakwaters 
encompassing San Pedro Bay and will remain in effect until that vessel 
departs the three nautical mile limit. 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 three 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 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 on the waters inside the Federal breakwaters bounding 
San Pedro Bay or on the waters within three nautical miles seaward of 
the Federal breakwater.
    These security zones are needed for national security reasons to 
protect cruise ships, the public, transiting

[[Page 31957]]

vessels, adjacent waterfront facilities, and the ports from potential 
subversive acts, accidents, or other events of a similar nature. Entry 
into these zones will be prohibited unless specifically authorized by 
the Captain of the Port or his designated representative. Vessels 
already moored or anchored when these security zones take effect are 
not required to get underway to avoid either the moving or fixed zones 
unless specifically ordered to do so by the Captain of the Port or his 
designated representative.
    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. This authority, under section 7 of the PWSA (33 U.S.C. 
1226), supplements the Coast Guard's authority to issue security zones 
under 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 will be subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33 
U.S.C. 1232, any violation of the security zone described herein, is 
punishable by civil penalties (not to exceed $27,500 per violation, 
where each day of a continuing violation is a separate violation), 
criminal penalties (imprisonment up to 6 years and a maximum fine of 
$250,000), and in rem liability against the offending vessel. Any 
person who violates this section, using a dangerous weapon, or who 
engages in conduct that causes bodily injury or fear of imminent bodily 
injury to any officer authorized to enforce this regulation, also faces 
imprisonment up to 12 years. Vessels or persons violating this section 
are also subject to the penalties set forth in 50 U.S.C. 192: Seizure 
and forfeiture of the vessel to the United States, a maximum criminal 
fine of $10,000, and imprisonment up to 10 years.
    The Captain of the Port will enforce these zones and may enlist the 
aid and cooperation of any Federal, State, county, municipal, and 
private agency to assist in the enforcement of the regulation. This 
regulation is proposed under the authority of 33 U.S.C. 1226 in 
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C. 
1231.

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 a limited period of time. 
Delays, if any, are expected to be less than 30 minutes in duration. 
Vessels and persons may be allowed to enter these zones on a case-by-
case basis with permission of the Captain of the Port.

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 Regulatory Evaluation 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.
    We expect this rule will affect the following entities, some of 
which may be small entities: The owners and operators of private and 
commercial vessels intending to transit or anchor in a small portion of 
the ports of Los Angeles or Long Beach near a cruise ship that are 
covered by these security zones. The impact to these entities would 
not, however, be significant since these security zones will encompass 
a small portion of the waterway for a limited period of time. Delays, 
if any, are expected to be less than thirty minutes in duration.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If this rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provision or 
operations 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.

[[Page 31958]]

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 under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because we are establishing security zones. 
A ``Categorical Exclusion Determination'' is available in the docket 
for inspection or copying where indicated under ADDRESSES.

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, 160.5; 49 CFR 1.46.

    2. Add new temporary Sec. 165.T11-065 to read as follows:


Sec. 165.T11-065  Security Zones; Cruise ships, San Pedro Bay, 
California.

    (a) Definition. ``Cruise ship'' as used in this section means a 
passenger vessel over 100 gross tons, carrying 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. It does 
not apply to ferries that hold Coast Guard Certificates of Inspection 
endorsed for ``Lakes, Bays, and Sounds'', and that transit 
international waters for only short periods of time, on frequent 
schedules.
    (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 three 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 three 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 this zone 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 1-800-221-8724 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.
    (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.
    (f) Effective period. This section is effective from 11:59 p.m. PDT 
on May 1, 2002 through 11:59 p.m. PST on December 1, 2002.

    Dated: May 1, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-11917 Filed 5-10-02; 8:45 am]
BILLING CODE 4910-15-U