[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Rules and Regulations]
[Pages 4823-4825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01499]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0987]
RIN 1625-AA00


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

AGENCY: Coast Guard, Department of Homeland Security (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 36 while it transits to the Port Long Beach, 
CA, to Long Beach Container Terminal (LBCT), Pier 22, then through the 
Port of Los Angeles to Everport, Pier LA 227. This safety zone is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards associated with oversized cargo transfer 
operations of three quay cranes, which will extend more than 200 feet 
out from the transiting vessels. 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 without actual notice from January 25, 
2024 through February 2, 2024. For the purposes of enforcement, actual 
notice will be used from January 23, 2024, until January 25, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0987 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 Kevin Kinsella, Waterways Management, U.S. Coast Guard 
Sector Los Angeles-Long Beach; telephone (310) 357-1603, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 4824]]

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 36 less than 30 days in advance 
and immediate action is needed to respond to the potential safety 
hazards associated with the transfer of large quay cranes within the 
Ports of Los Angeles and Long Beach. It is impracticable to publish an 
NPRM because we must establish this safety zone by January 23, 2024.
    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 36 while 
conducting oversized cargo transfer operations at LBCT, Pier 22, and 
Everport, Pier LA 227, within the Port of Long Beach and 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 associated with the movement of large-scale quay crane transfer 
operations will be a safety concern for anyone within a 500-foot radius 
of the M/V ZHEN HUA 36 during its transit to LBCT, Pier 22, and 
Everport, Pier LA 227, while the vessel is within the Port of Los 
Angeles or Port of 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. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
vessel offloads gantry cranes in the Port of Los Angeles and Port of 
Long Beach.

IV. Discussion of the Rule

    This rule establishes a safety zone from January 23, 2024, through 
February 2, 2024, during the transit of the M/V ZEN HUA 36. While the 
M/V ZHEN HUA 36 is within the Port of Los Angeles or Port of 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, 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 while at LBCT, 
Pier 22, for 6 days, and Everport, Pier LA 227, for 3 days during the 
months of January and February 2024. This safety zone impacts a 500-
foot radius area of the Port of Los Angeles and Port of 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 9-day period to account for uncertain transit delays of 
the M/V ZHEN HUA 36, the safety zone will only be enforced for the 
duration of the vessel's inbound transit, and transit from LBCT, Pier 
22, to Everport, Pier LA 227. Each transit is expected to last less 
than 24 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, 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

[[Page 4825]]

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.

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 Long Beach Container Terminal and Everport and 
will last only during 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.T11-0987 to read as follows:


Sec.  165.T11-0153  Safety Zone; Port of Los Angeles and 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 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 36, during the vessel's transit within 
the Port of Los Angeles and Port of 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.
    (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 January 23, 2024, through February 2, 2024, during the M/V ZHEN 
HUA 36's inbound transit and transit between Long Beach Container 
Terminal, Pier 22, to Everport, Pier LA 227, 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.

S.L. Crecy,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long 
Beach.
[FR Doc. 2024-01499 Filed 1-24-24; 8:45 am]
BILLING CODE 9110-04-P