[Federal Register Volume 90, Number 179 (Thursday, September 18, 2025)]
[Rules and Regulations]
[Pages 44984-44985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18094]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0868]
RIN 1625-AA00
Safety Zone; San Pedro Bay, Long Beach, CA
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-yard radius of Port of Long Beach Berth
G232, and within a 500-yard radius of all first-responder vessels
involved in response operations. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
from unsecured shipping containers present in the water. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Los Angeles--Long Beach.
DATES: This rule is effective without actual notice from September 18,
2025 through October 3, 2025. For the purposes of enforcement, actual
notice will be used from September 14, 2025, until September 18, 2025.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-0868.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LCDR Kevin Kinsella, Sector Los Angeles--Long Beach Waterways
Management Division, U.S. Coast Guard; telephone 310-521-3860, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that approximately 84
shipping containers have fallen into the water in the vicinity of Port
of Long Beach Berth G232. The Captain of the Port (COTP) Los Angeles--
Long Beach has determined that potential hazards associated with
unsecured shipping containers presents a hazard to persons, vessels and
the marine environment within the Port of Long Beach. Therefore, the
COTP is issuing this rule under the authority in 46 U.S.C. 70034, which
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zones.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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 it is impracticable
and contrary to the public interest. The Coast Guard was notified of
this event on September 9, 2025, but we must establish this safety zone
by September 14, 2025, to protect personnel, vessels, and the marine
environment. Therefore, we do not have enough time to solicit and
respond to comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the FR.
III. Discussion of the Rule
This rule establishes a safety zone from 9:00 a.m. on September 14,
2025, through 10:00 p.m. on October 3, 2025. The safety zone will cover
all navigable waters within 500 yards of Port of Long Beach Berth G232
and all first-responder vessels involved in response operations. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or their designated representative.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 44985]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 is a safety zone. It is categorically excluded from
further review under paragraph L60(d)--an emergency safety zone lasting
more than one week involving shipping containers that have fallen into
the water in the vicinity of Port of Long Beach Berth G232--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.
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. 01.4.
0
2. Add Sec. 165.T11-213 to read as follows:
Sec. 165.T11-213 Safety Zones; San Pedro Bay, Long Beach, CA.
(a) Location. The following areas are safety zones: All waters of
San Pedro Bay, from surface to bottom, within a 500-yard radius of Port
of Long Beach Berth G232, and within 500-yards of first-responder
vessels involved in response operations. These coordinates are based on
the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer 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 on VHF-FM channel 16 or by telephone at (310) 521-3805.
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 section will be enforced from 9:00
a.m. on September 14, 2025, through 10:00 p.m. on October 3, 2025.
Signed:
S.L. Crecy,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2025-18094 Filed 9-17-25; 8:45 am]
BILLING CODE 9110-04-P