[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Rules and Regulations]
[Pages 72561-72563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30934]


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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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