[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60803-60805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25557]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0880]
RIN 1625-AA87


Security Zone: Escorted Vessels, Los Angeles-Long Beach, CA, 
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a security zone around any 
vessel escorted by one or more Coast Guard, State, or local law 
enforcement assets on the navigable waters of the Captain of the Port 
(COTP) Zone, Los Angeles-Long Beach, California. This action is 
necessary to protect personnel, vessels, and facilities from sabotage 
or other subversive acts, accidents, or other events of a similar 
nature. No vessel or person is allowed in this zone unless authorized 
by the Captain of the Port or a designated representative.

DATES: This rule is effective without actual notice from October 8, 
2015. For the purposes of enforcement, actual notice will be used from 
September 18, 2015, until October 8, 2015.
    Comments and related material must be received by the Coast Guard 
on or before December 17, 2015. Requests for public meetings must be 
received by the Coast Guard on or before November 18, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0880 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Jevon James, Waterways Management, U.S. Coast Guard; 
telephone (310)521-3860, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. We encourage you to submit comments through the Federal 
eRulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions. We accept anonymous comments. All comments 
received will be posted without change to http://www.regulations.gov 
and will include any personal information you have provided. For more 
about privacy and the docket, you may review a Privacy Act notice 
regarding the Federal Docket Management System in the March 24, 2005, 
issue of the Federal Register (70 FR 15086). Documents mentioned in 
this rule as being available in the docket, and all public comments, 
will be in our online docket at http://www.regulations.gov and can be 
viewed by following that Web site's instructions. Additionally, if you 
go to the online docket and sign up for email alerts, you will be 
notified when comments are posted or a final rule is published.

B. Regulatory History and Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM and delaying 
the effective date would be impracticable, as publication of an NPRM 
would delay the effective date of this rule past the time where it was 
needed. To ensure safe boating and the appropriate distance away from 
the escorted vessel is maintained, it is imperative that a standard 
exclusionary zone be broadcast and safe speeds be followed for all 
escorted vessels.
    For the same reason above, 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.

C. Basis and Purpose

    The terrorist attacks of September 2001 heightened the need for 
development of various security measures throughout the seaports of the 
United States, particularly around vessels and facilities whose 
presence or movement creates a heightened vulnerability to terrorist 
acts; or those for which the consequences of terrorist acts represent a 
threat to national security. The President of the United States has 
found that the security of the United States is and continues to be 
endangered following the attacks of September 11 (E.O. 13,273, 67 FR 
56215, Sep. 3, 2002 and 79 FR 56475, Sep. 19, 2014).
    The Captain of the Port Los Angeles-Long Beach, California conducts 
port security operations involving vessels that require additional 
security, including, but not limited to, high capacity passenger 
vessels, vessels carrying sensitive Department of Defense cargoes, 
vessels carrying dangerous cargoes, and foreign naval vessels. The 
Captain of the Port has determined that these vessels have a 
significant vulnerability to subversive activity by other vessels or 
persons, or, in some cases, themselves pose a risk to a port and the 
public within the Captain of the Port Zone, as described in 33 CFR 
3.55-10. This rule enables the COTP Los Angeles-Long Beach to provide 
effective port security, while minimizing the public's confusion and 
easing the administrative burden of implementing separate temporary 
security zone rules for each escorted vessel.

D. Discussion of the Interim Rule

    This rule establishes a security zone that prohibits persons and 
vessels from coming within 500 yards of all escorted

[[Page 60804]]

vessels within navigable waters, as defined in 33 CFR 2.36, of the 
Captain of the Port Zone Los Angeles-Long Beach, CA, as described in 33 
CFR 3.55-10. Persons or vessels that receive permission to enter the 
security zone must proceed at a minimum safe speed, at a safe distance 
from the escorted vessel as directed by the on scene Coast Guard, 
State, or local law enforcement agency, and must comply with all orders 
issued by the COTP or a designated representative. Outside of this 
arrangement, no vessel or person may enter within a 500-yard radius of 
an escorted vessel.
    An escorted vessel is defined as a vessel, other than a large U.S. 
naval vessel as defined in 33 CFR 165.2015, that is accompanied by one 
or more Coast Guard assets or other Federal, State or local law 
enforcement agency assets clearly identifiable by lights, vessel 
markings, or with agency insignia as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.

E. 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

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the rule has not 
been reviewed by the Office of Management and Budget. The limited 
geographic area impacted by the security zone will not restrict the 
movement or routine operation of commercial or recreational vessels 
through the Ports within the Captain of the Port Zone Los Angeles-Long 
Beach.

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 may affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to transit in 
the vicinity of escorted vessels. This rule would not have a 
significant impact on a substantial number of small entities because 
the zones are limited in size, in most cases leaving ample space for 
vessels to navigate around them. The zones will not significantly 
impact commercial and passenger vessel traffic patterns, and mariners 
will be notified of the zones via Broadcast Notice to Mariners. Where 
such space is not available and security conditions permit, the Captain 
of the Port will attempt to provide flexibility for individual vessels 
to transit through the zones as needed.
    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.

3. 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).

4. Federalism and Indian Tribal Governments

    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.
    Also, 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.

5. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

6. 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.

7. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 60805]]

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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.11731 to read as follows:


Sec.  165.11731  Security Zone: Escorted Vessels, Los Angeles-Long 
Beach, CA, Captain of the Port Zone.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Los Angeles-Long Beach, CA (LALB).
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the COTP, in the enforcement of the security 
zone.
    Escorted vessel means a vessel, other than a large U.S. naval 
vessel as defined in Sec.  165.2015, that is accompanied by one or more 
Coast Guard assets or other Federal, State or local law enforcement 
agency assets clearly identifiable by lights, vessel markings, or with 
agency insignia as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    (3) When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (b) Regulated area. All navigable waters, as defined in 33 CFR 
2.36, within the Captain of the Port Zone, Los Angeles-Long Beach, 
California 33 CFR 3.55-10.
    (c) Security zone. A 500-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec.  165.33 apply to this section.
    (2) A vessel may request the permission of the COTP LALB or a 
designated representative to enter the security zone described in 
paragraph (c) of this section. If permitted to enter the security zone, 
a vessel must proceed at the minimum safe speed and must comply with 
the orders of the COTP or a designated representative.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in 
the regulated area by Broadcast Notice to Mariners. Coast Guard assets 
or other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP LALB may be reached via phone at 
(310) 521-3801. Any on scene Coast Guard or designated representative 
assets may be reached via VHF-FM channel 16.

    Dated: September 15, 2015.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-25557 Filed 10-7-15; 8:45 am]
 BILLING CODE 9110-04-P