[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17687-17689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0163]
RIN 1625-AA00


Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor; 
Pacific Ocean, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Pacific Ocean to encompass waters within the Port of Long Beach. The 
safety zone will be established as a result of specific waterside 
protest at Tesoro Terminals and in support of the safe navigation of 
all waterway users. Entry into the zone will be prohibited unless 
specifically authorized by the Captain of the Port, Los Angeles--Long 
Beach, or her designated representative.

DATES: This rule is effective without actual notice from April 2, 2015 
until April 30, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 13, 2015, until 
April 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0163]. 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 
temporary rule, call or email LTJG Jevon James, Waterways Management, 
U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521-
3860, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, 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

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule as it would be impracticable due to the short 
notice of the event and the limited duration this rule will be 
enforced.
    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 due to the short notice of the 
event and the limited duration this rule will be enforced.

B. Basis and Purpose

    The legal basis for this rulemaking can be found in 33 CFR 1.05-1 
which authorizes the Coast Guard to establish and define safety zones. 
With recent local labor disputes, protestors have targeted Tesoro 
Terminals within the Ports of Los Angeles--Long Beach. The Coast Guard 
anticipates water based demonstrations which may impede the safe 
navigation of vessels coming to and leaving Tesoro Terminals, as well 
as the demonstrators themselves. Thus, the Coast Guard is establishing 
a temporary safety zone on all navigable waters of the Pacific Ocean, 
from the surface to the sea floor, 100 yards in all direction of the 
following berths in the Port of Long Beach: Pier B 76-77, Pier B 84-87, 
and Pier T 121.

C. Discussion of the Final Rule

    The U.S. Coast Guard is establishing a temporary safety zone 
encompassing all navigable waters from the surface to the sea floor, 
100 yards in all direction of the following berths in the Port of Long 
Beach: Pier B 76-77, Pier B 84-87, and Pier T 121. The temporary safety 
zone will be enforced throughout each day. During the enforcement 
period, vessels are prohibited from entering

[[Page 17688]]

into, transiting through, or anchoring within the designated area 
unless authorized by the Captain of the Port or her designated 
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801. General boating public will be notified 
prior to the enforcement of the temporary safety zone via Broadcast 
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    The implementation of this temporary safety zone is necessary for 
the protection of all waterway users. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. Any hardships experienced by 
persons or vessels are considered minimal compared to the interest in 
protecting the public. Accordingly, full regulatory evaluation under 
paragraph 10(e) of the regulatory policies and procedures of the DHS is 
unnecessary.

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 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 within the designated area during the designated enforcement 
times. This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) Vessel traffic can pass safely around the area, (ii) this 
zone is limited in scope and duration, (iii) the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 prior to and 
while the safety zone is enforced.

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 would affect 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 will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

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.

[[Page 17689]]

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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 1.16 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T11-687 to read as follows:


Sec.  165.T11-687  Safety Zone: Tesoro Terminal Protest: Port of Long 
Beach Harbor; Pacific Ocean, California

    (a) Location. The limits of the safety zone are as follows: 
Encompassing all navigable waters of Captain of the Port Zone LA-LB 
from the surface to the sea floor, within 100 yards in all direction of 
the following berths in the Port of Long Beach: Pier B 76-77, Pier B 
84-87, and Pier T 121.
    (b) Enforcement Period. This section will be enforced throughout 
the entirety of each day from March 13-April 30, 2015. The general 
boating public will be notified prior to the enforcement of the 
temporary safety zone via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, vessels are prohibited from entering into, 
transiting through, or anchoring within the designated area unless 
authorized by the Captain of the Port or her designated representative. 
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or 
310-521-3801.

    Dated: March 13, 2015.
J.F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-07595 Filed 4-1-15; 8:45 am]
 BILLING CODE 9110-04-P