[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Proposed Rules]
[Pages 50710-50713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20764]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0101]
RIN 1625-AA87


Security Zones; Cruise Ships, San Pedro Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR 165.1154, Security 
Zones; Cruise Ships, San Pedro Bay, California, by providing a common 
description of all security zones created by this section to encompass 
only navigable waters within a 100-yard radius around any cruise ship 
that is located within the San Pedro Bay port area landward of the sea 
buoys bounding the Port of Los Angeles or Port of Long Beach or at 
designated anchorages within 3 nautical miles of the Federal 
breakwater. This notice of proposed rulemaking is necessary to provide 
for the safety of the cruise ship, vessels, and users of the waterway. 
Entry into these security zones would be prohibited unless specifically 
authorized by the Captain of the Port (COTP) Los Angeles--Long Beach, 
or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 15, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0101 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Ensign Stephen M. Sanders, Prevention, Coast Guard 
Sector Los Angeles--Long Beach, Coast Guard; telephone 310-521-3862, e-
mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0101), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a

[[Page 50711]]

comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0101'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0101'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    Based on experience with actual security zone enforcement 
operations, the COTP Los Angeles--Long Beach has concluded that a 
security zone encompassing all navigable waters, extending from the 
surface to the sea floor, within a 100-yard radius around any cruise 
ship in the following locations is necessary to provide for the safety 
of the cruise ship, as well as other vessels and users of these 
navigable waters: Within the San Pedro Bay port area inside the sea 
buoys bounding the Port of Los Angeles or Port of Long Beach, or at a 
designated anchorage within 3 nautical miles seaward of the Federal 
breakwater.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone regulation. 
The security zones proposed by this NPRM would encompass only navigable 
waters within a 100-yard radius around any cruise ship that is located 
within the San Pedro Bay port area landward of the sea buoys bounding 
the Port of Los Angeles or Port of Long Beach or at designated 
anchorages within 3 nautical miles seaward of the Federal breakwater. 
This notice of proposed rulemaking is necessary to provide for the 
safety of the cruise ship, vessels, and users of the waterway. Entry 
into these security zones would be prohibited unless specifically 
authorized by the Captain of the Port (COTP) Los Angeles--Long Beach, 
or his designated representative.
    Paragraph (b)(1) and (b)(2) of the existing 33 CFR 165.1154 
includes reference to the shore area and cruise ships anchored at 
designated anchorages either inside or outside at designated anchorages 
within 3 nautical miles of the Federal breakwater. The COTP has 
determined that security zones for moored cruise ships in Los Angeles--
Long Beach Harbors need not include any shore area, as passenger 
terminals used for cruise ship operations are regulated under 
regulations in 33 CFR part 105 issued under authority of the Maritime 
Transportation Security Act of 2002 (Pub. L. 107-295). In addition to 
clarifying the area covered by security zones created by Sec.  165.1154 
(b), this proposed rule would simplify the regulation by not 
distinguishing between anchored cruise ships, moored cruise ships, and 
cruise ships underway. Also, we propose to revise paragraph (c) to make 
it clear that persons and vessels may not enter these security zones 
without first obtaining permission of the Captain of the Port.

Regulatory Analyses

    This proposed 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. We expect the economic 
impact of this rule to be so minimal that full Regulatory Evaluation is 
unnecessary. Most of the entities likely to be affected are pleasure 
craft engaged in recreational activities and sightseeing. This rule 
will impose no more burden than the current regulation. In addition, 
due to National Security interests, the implementation of this security 
zone regulation is necessary for the protection of the United States 
and its people. The size of the zones is the minimum necessary to 
provide adequate protection for cruise ships.

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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in Los Angeles--Long Beach ports within a 100-yard radius of 
cruise ships covered by this rule.
    This security zone regulation will not have a significant economic 
impact on a substantial number of small entities because vessel traffic 
can pass safely around the zones.

[[Page 50712]]

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 can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this 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 proposes 
to amend 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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. In Sec.  165.1154, revise paragraphs (b) and (c) to read as 
follows:


Sec.  165.1154  Security Zones; Moored Cruise Ships, San Pedro Bay, 
California.

* * * * *
    (b) Location. The following areas are security zones: All navigable 
waters, extending from the surface to the sea floor, within a 100-yard 
radius around any cruise ship that is located within the San Pedro Bay 
area landward of the sea buoys bounding the port of Los Angeles or Port 
of Long Beach or at designated anchorages within 3 nautical miles 
seaward of the Federal Breakwaters.
    (c) Regulations. Under regulations in 33 CFR part 165, subpart D, a 
person or vessel may not entry into or remain in the security zones 
created by this section unless authorized by the Coast Guard Captain of 
the Port Los Angeles--

[[Page 50713]]

Long Beach (COTP) or a COTP designated representative.
    (1) Persons desiring to transit these security zones may contact 
the COTP at telephone number (310) 521-3801 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.
    (2) 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.
* * * * *

    Dated: March 8, 2011.
R.R. Laferriere,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2011-20764 Filed 8-15-11; 8:45 am]
BILLING CODE 9110-04-P