[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65621-65623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26599]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-0906]
RIN 1625-AA87


Security Zone; Cruise Ships, Santa Barbara Harbor, Santa Barbara, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established fixed security zones around 
and under any cruise ships visiting Santa Barbara Harbor, Santa 
Barbara, California. This regulation was created for national security 
reasons to protect cruise ships, vessels, users of the waterway and the 
port from potential terrorist acts. These security zones encompass all 
navigable waters from the surface to the sea floor within a 100-yard 
radius of any cruise ship located within 3 nautical miles of the Santa 
Barbara Harbor Breakwater Light (Light List Number 3750). Mariners can 
determine the exact time and date of these zones via Broadcast Notice 
to Mariners, or via visual verification of the cruise ships on AIS. 
Entries into these zones are prohibited unless specifically authorized 
by the Captain of the Port (COTP) Los Angeles--Long Beach (LA-LB), or 
his designated representative.

DATES: This rule is effective November 29, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2011-0906]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Brett DiManno, USCG, Waterways Management, U.S. 
Coast Guard Sector Los Angeles--Long Beach at (310) 521-3860, or 
[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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rule was proposed and published in the Federal Register on 
June 20, 2012 (77 FR 36955). Previously, temporary security zones had 
been established for cruise ships operating in Santa Barbara.

B. Basis and Purpose

    In its effort to thwart terrorist activity, the Coast Guard has 
increased safety and security measures on U.S. ports and waterways. As 
part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 
99-399), Congress added 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 order 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 has established security zones around and under cruise ships 
visiting Santa Barbara Harbor, Santa Barbara, California. This security 
zone helps 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 a multitude of passengers.
    Based on experience with security zone enforcement operations, the 
Captain of the Port (COTP) Los Angeles--Long Beach has concluded that 
these security zones will encompass all navigable waters from the 
surface to the sea floor within a 100-yard radius of any cruise ship 
which is located within 3 nautical miles of the Santa Barbara Harbor 
Breakwater Light (Light List Number 3750; 34-24-17.364 N, 119-41-
16.260W). These security zones are necessary to provide for the safety 
of the cruise ship, vessels, and users of the waterway.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received one comment to the proposed rule. The 
comment suggested that Automatic Identification System (AIS) be used to 
advertise the location of the security zone. The Coast Guard agrees in 
principle with the comment; however, we made no regulatory changes. 
While mariners with AIS may be able to locate cruise ships in the Santa 
Barbara area, the majority of boaters will be able to locate the cruise 
ships visually, due to the small geographic size and depth restrictions 
of the harbor. In an effort to keep mariners informed, the Coast Guard 
will continue to advertise active security zones via broadcast notice 
to mariner.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

1. 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. 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 a full Regulatory Evaluation is unnecessary. 
Although this regulation restricts access to a portion of navigable 
waters, the effect of this regulation is not significant because:
    (i) The zones only encompass a small portion of the waterway;
    (ii) vessels are able to pass safely around the zones; and
    (iii) vessels may be allowed to enter these zones on a case-by-case 
basis with permission of the Captain of the Port

[[Page 65622]]

(COTP) Los Angeles--Long Beach, or his designated representative.
    The size of the zone is the minimum necessary to provide adequate 
protection for all cruise ships and other vessels operating in the 
vicinity of these vessels, adjoining areas, and the public. The 
entities most likely to be affected are fishing vessels and pleasure 
craft engaged in recreational activities and sightseeing.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received 0 comments from the Small Business 
administration on this rule. 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 Santa Barbara 
Harbor 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule affects your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 does not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule does cause a taking of private property or otherwise have 
taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
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 involves the establishment of security zones.

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:

[[Page 65623]]

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(g), 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. Add Sec.  165.1157 to read as follows:


Sec.  165.1157  Security Zone; Cruise Ships, Santa Barbara, California.

    (a) Location. The following areas are security zones: All navigable 
waters, from the surface to the sea floor within a 100-yard radius of 
any cruise ship located within 3 nautical miles of the Santa Barbara 
Harbor Breakwater Light (Light List Number 3750; 34-24-17.364 N, 119-
41-16.260W).
    (b) Definition. ``Cruise ship'' as used in this section means any 
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 U.S. or its territories.
    (c) Regulations. (1) Under general security zone regulations in 
subpart D, entry into or remaining in the zones described in paragraph 
(a) of this section is prohibited unless authorized by the Coast Guard 
Captain of the Port (COTP) Los Angeles--Long Beach (LA-LB), or a 
designated representative of COTP LA-LB.
    (2) Persons desiring to transit the area of the security zone may 
contact the COTP LA-LB at telephone number 1-310-521-3801 or on VHF-FM 
channel 16 (156.800 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 designated 
representative.

    Dated: October 1, 2012.
J.D. Jenkins,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2012-26599 Filed 10-29-12; 8:45 am]
BILLING CODE 9110-04-P