[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26228-26230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09120]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0258]
RIN 1625-AA00


Safety Zone; Port of Los Angeles and Port of Long Beach, San 
Pedro Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around the M/V ZHEN HUA 26 while it transits from the Port of Long 
Beach, CA, from Long Beach Container Terminal (LBCT), LB Berth E22, to 
inner anchorage, and then to Fenix Marine Services (FMS), LA Berth 302. 
This safety zone is necessary to protect personnel, vessels, and the 
marine environment from potential hazards associated with oversized 
cargo of ship-to-shore gantry cranes which extend more than 200 feet 
out from the transiting vessel. Entry of persons or vessels into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port (COTP) Los Angeles--Long Beach, or their designated 
representative. The Coast Guard recently issued a safety zone for the 
transit of the M/V ZHEN HUA 26, but additional time is needed to 
complete the cargo delivery.

DATES: This rule is effective April 26, 2023, though May 2, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0258 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or LCDR Maria Wiener, Waterways Management, U.S. Coast Guard 
Sector Los Angeles--Long Beach; telephone (310) 357-1603, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 because The COTP was notified of the 
impending arrival of the M/V ZHEN HUA 26 less than 30 days in advance 
and immediate action is needed to respond to the potential safety 
hazards associated with the transfer of large gantry cranes within the 
Ports of Los Angeles and Long Beach. The vessel recently updated their 
timeline and timeframe for the crane delivery to FMS after we issued 
the first safety zone. This safety zone needs to be extended to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with oversized cargo of ship-to-shore gantry cranes, which 
will extend more than

[[Page 26229]]

200 feet out from the transiting vessel. It is impracticable to publish 
an NPRM because we must establish this safety zone by April 26, 2023.
    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. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to ensure the safety of persons, vessels, and the 
marine environment in the vicinity of the M/V ZHEN HUA 26 while 
conducting oversized cargo transfer operations at LBCT, LB Berth E22, 
to inner anchorage, and FMS, LA Berth 302, within the Port of Los 
Angeles--Long Beach, CA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 and 70011(b)(3). The COTP Los Angeles--Long Beach has determined 
that potential hazards associated with the movement of large-scale 
gantry crane transfer operations will be a safety concern for anyone 
within a 500-foot radius of the M/V ZHEN HUA 26 during its transit from 
LBCT, LB Berth E22, while at inner anchorage, and during the vessel's 
transit from inner anchorage to FMS, LA Berth 302. This hazard will 
exist while the vessel is within the Los Angeles--Long Beach port 
complex and the waters inside the Federal breakwaters bounding San 
Pedro Bay or on the waters within three nautical miles seaward of the 
Federal breakwaters, respectively.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 26, 2023, through 
May 2, 2023, during the transit of the M/V ZHEN HUA 26 and while the 
vessel is at inner anchorage within the Los Angeles--Long Beach port 
complex. While the M/V ZHEN HUA 26 is within the waters inside the 
Federal breakwaters bounding San Pedro Bay or on the waters within 
three nautical miles seaward of the Federal breakwaters, respectively, 
the safety zone will encompass the navigable waters around and under 
the vessel, form surface to bottom, within a circle formed by 
connecting all points 500-feet out from the vessel. The safety zone is 
needed to protect personnel, mariners, and vessels from hazards 
associated with ship-to shore gantry crane arms which will extend more 
than 200 feet out from the transiting vessel.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or (310) 521-3801. The marine public will be notified of 
the safety zone via Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This rule 
impacts an area of 500-feet surrounding a cargo vessel while at LBCT, 
LB Berth E22, and FMS, LA Berth 302, during the months of April and May 
2023. This safety zone impacts a 500-foot-radius area of the Port of 
Los Angeles--Long Beach and the waters inside the Federal breakwaters 
bounding San Pedro Bay or on the waters within three nautical miles 
seaward of the Federal breakwaters, respectively for a limited 
duration. While the safety zone encompasses a seven-day period to 
account for uncertain transit delays of the M/V ZHEN HUA 26, the safety 
zone will only be enforced for the duration of the vessel's transit 
from LBCT, LB Berth E22, to inner anchorage, while at inner anchorage, 
and transit to FMS, LA Berth 302, and that period will be announced via 
Broadcast Notice to Mariners. Vessel traffic will be able to safely 
transit around this safety zone, which will impact a small, designated 
area of the San Pedro Bay, Long Beach and Los Angeles, CA.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments,

[[Page 26230]]

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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 This 
rule involves a safety zone encompassing an area extending 500-feet out 
from a cargo vessel in vicinity of Long Beach Container Terminal and 
Fenix Marine Services and will last only while transfer operations are 
ongoing. It is categorically excluded from further review under 
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T11-123 to read as follows:


Sec.  165.T11-123  Safety Zone; Port of Los Angeles and Port of Long 
Beach, San Pedro Bay, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Port of Los Angeles and the Port of Long Beach, from 
surface to bottom, within a circle formed by connecting all points 500-
feet out from the vessel, M/V ZHEN HUA 26, during the vessel's transit 
inside the Federal breakwaters bounding San Pedro Bay or on the waters 
within three nautical miles seaward of the Federal breakwaters, 
respectively.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard coxswain, petty officer, or other officer operating 
a Coast Guard vessel designated by or assisting the Captain of the Port 
Los Angeles--Long Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by hailing Coast Guard Sector Los Angeles--Long Beach on 
VHF-FM Channel 16 or calling at (310) 521-3801. Those in the safety 
zone must comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.
    (d) Enforcement period. This temporary safety zone will be enforced 
from April 26, 2023, through May 2, 2023, during the M/V ZHEN HUA 26's 
transit between Long Beach Container Terminal, LB Berth E22, to inner 
anchorage, while at inner anchorage and then to Fenix Marine Services, 
LA Berth 302, or as announced via Broadcast Notice to Mariners.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone via Local Notices to Mariners.

    Dated: April 24, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long 
Beach.
[FR Doc. 2023-09120 Filed 4-26-23; 4:15 pm]
BILLING CODE 9110-04-P