[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1025-1027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-109]


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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: Final rule.

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SUMMARY: The Coast Guard is amending a security zone regulation for 
cruise ships visiting San Pedro Bay, California by providing a common 
description of all security zones 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 rule is necessary to 
provide for the safety of the cruise ship, vessels, and users of the 
waterway. Entry into these security zones will be prohibited unless 
specifically authorized by the Captain of the Port (COTP) Los Angeles--
Long Beach, or his designated representative.

DATES: This rule is effective February 8, 2012.

ADDRESSES: The contents of the online docket for this rulemaking, USCG-
2011-0101, may be viewed by going to http://www.regulations.gov, 
inserting USCG-2011-0101 in the ``Keyword box, and then clicking 
``Search.'' This material is also available for inspection or copying 
at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ensign Stephen M. Sanders, Assistant Chief, Waterways 
Management, Coast Guard Sector Los Angeles--Long Beach, Coast Guard; 
telephone (310) 521-3860, email [email protected]. If you have 
any questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

Regulatory Information

    On August 16, 2011, we published a noticed of proposed rulemaking 
(NPRM) entitled Security Zones; Cruise Ships, San Pedro Bay, CA in the 
Federal Register (76 FR 50710). We received no comments on the proposed 
rule, either through the electronic docket office, or directly to Coast 
Guard Sector Los Angeles--Long Beach. A public meeting was not 
requested, and none were held.

Basis and Purpose

    Based on experience with actual security zone enforcement 
operations, the COTP Los Angeles--Long Beach has concluded that a 
security zone is needed encompassing all navigable waters, extending 
from the surface to the sea floor, within a 100 yard radius around any 
cruise ship that is within the San Pedro Bay port area inside 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

[[Page 1026]]

will provide for the safety of the cruise ship, vessels, and users of 
the waterway.

Background

    The Coast Guard is amending an existing security zone regulation. 
The security zones created by this rule will 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. These 
security zones are necessary to provide for the safety of the cruise 
ship, vessels, and users of the waterway. Entry into these security 
zones is 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 breakwaters. 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 rule simplifies the regulation by not distinguishing 
between anchored cruise ships, moored cruise ships, and cruise ships 
underway. Also, Sec.  165.1154 paragraph (c) is amended to make it 
clear that persons and vessels may not enter these security zones 
without first obtaining permission of the Captain of the Port.

Discussion of Comments and Changes

    There were no comments submitted to the electronic docket or to the 
Coast Guard Sector Los Angeles--Long Beach. No changes were made from 
the proposed regulation.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    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 or under Executive Order 13563, Improving 
Regulation and Regulatory Review. 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 Homeland 
Security (DHS). 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. 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 rule will 
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.

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

Taking of Private Property

    This rule will 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 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

[[Page 1027]]

health or risk to safety that might 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 
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. This rule is categorically excluded, under figure 2-1, 
paragraph (34) (g), of the Instruction. This rule involves amending a 
security zone regulation by removing the reference to shore area in 
security zones for moored cruise ships. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket were 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

0
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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
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 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--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: December 23, 2011.
R.R. Laferriere,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2012-109 Filed 1-6-12; 8:45 am]
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