[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47022-47024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15535]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0528]
RIN 1625-AA00


Safety Zone; Port of Los Angeles, 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 23 while it transits through the Port of Los 
Angeles to Fenix Marine Services (FMS), Pier LA 302. This safety zone 
is necessary to protect personnel, vessels, and the marine environment 
from potential hazards associated with oversized cargo transfer 
operations of two quay cranes and equipment, which will 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.

DATES: This rule is effective from 7 a.m. July 20, 2023, to 12 p.m. on 
July 22, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0528 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 email LCDR Kevin Kinsella, 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 23 less than 30 days in advance 
and immediate action is needed to respond to the potential safety 
hazards associated with the transfer of large cranes within the Port of 
Los Angeles. It is impracticable to publish an NPRM because we must 
establish this safety zone by July 20, 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 impracticable and 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 
23 while conducting oversized cargo transfer operations at FMS, Pier LA 
302, within the Port of Los Angeles.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP Los Angeles-Long Beach has determined that potential 
hazards

[[Page 47023]]

associated with the movement of ship to shore crane transfer operations 
will be a safety concern for anyone within a 500-foot radius of the M/V 
ZHEN HUA 23 during its transit to FMS, Pier LA 302, while the vessel is 
within the Port of Los Angeles 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. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
vessel offloads quay cranes in the Port of Los Angeles.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. July 20, 2023 to 12 
p.m. on July 22, 2023 during the transit of the M/V ZEN HUA 23 to 
berth. While the M/V ZHEN HUA 23 is within the Port of Los Angeles 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, the safety zone will encompass the navigable 
waters around and under the vessel, from 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. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the transfer operations are 
active.
    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 solely for its 
transit to FMS, Pier LA 302, during the month of July 2023. This safety 
zone impacts a 500-foot-radius area of the Port of Los Angeles 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 three-day period to account for uncertain transit delays of the M/V 
ZHEN HUA 23, the safety zone will only be enforced for the duration of 
the vessel's inbound transit to FMS, Pier LA 302. The transit is 
expected to last less than 5 hours, 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, 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, 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.

[[Page 47024]]

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 a 
safety zone encompassing an area extending 500-feet out from a cargo 
vessel in vicinity of Fenix Marine Services and will last only for the 
inbound transit. It is categorically excluded from further review under 
paragraph L60 (a) 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.T11-128 to read as follows:


Sec.  165.T11-128  Safety Zone; Port of Los Angeles, San Pedro Bay, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the port of Los Angeles, from surface to bottom, within a 
circle formed by connecting all points 500-feet out from the vessel, M/
V ZHEN HUA 23, during the vessel's transit within the Port of Los 
Angeles 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.
    (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 7 a.m. July 20, 2023, to 12 p.m. July 22, 2023, only during the M/
V ZHEN HUA 23's inbound transit to Fenix Marine Services, Pier LA 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: July 12, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long 
Beach.
[FR Doc. 2023-15535 Filed 7-20-23; 8:45 am]
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