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Security Zones; Cruise Ships, San Pedro Bay, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 13, 2002 (Volume 67, Number 92)]
[Rules and Regulations]
[Page 31955-31958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my02-14]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 02-009]
RIN 2115-AA97
Security Zones; Cruise Ships, San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing moving and fixed security
zones around cruise ships located on San Pedro Bay, California, near
and in the ports of Los Angeles and Long Beach. These actions are
necessary to ensure public safety and prevent sabotage or terrorist
acts against these vessels. Persons and vessels are prohibited from
entering these security zones without permission of the Captain of the
Port.
DATES: This rule is effective from 11:59 p.m. PDT on May 1, 2002 to
11:59 p.m. PST on December 1, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Los Angeles-Long Beach 02-009 and
are available for inspection or copying at Coast Guard Marine Safety
Office Los Angeles-Long Beach, 1001 South Seaside Avenue, Building 20,
San Pedro, California, 90731, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Rob Griffiths,
Chief of Waterways Management Division, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
[[Page 31956]]
Regulatory 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. Due to the terrorist attacks
on September 11, 2001 and the warnings given by national security and
intelligence officials, there is an increased risk that further
subversive or terrorist activity may be launched against the United
States. A heightened level of security has been established around all
cruise ships near the ports of Los Angeles and Long Beach. These
security zones are needed to protect the United States and more
specifically the people, waterways, and properties near San Pedro Bay.
In addition, the Coast Guard is currently working on an NPRM, for
this temporary rule to become a final rule, which will soon be
published. Therefore, the public will still have the opportunity to
comment on this rule. This current temporary final rule's sole purpose
is to continue a similar temporary final rule that began enforcement on
November 1, 2001, recently following the attacks, and expires May 1,
2002. In this case, doing a NPRM will be repetitious in nature and
since delay is inherent in the NPRM process, any delay in the effective
date of this rule, is contrary to the public interest insofar as it may
render individuals and facilities within and adjacent to cruise ships
vulnerable to subversive activity, sabotage or terrorist attack. The
measures contemplated by this rule are intended to prevent future
terrorist attacks against individuals and facilities within or adjacent
to cruise ships. Immediate action is required to accomplish these
objectives and necessary to continue safeguarding these vessels and the
surrounding area. Any delay in the effective date of this rule is
impractical and contrary to the public interest.
For the reasons stated in the paragraphs above under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register.
Background and Purpose
On September 11, 2001, terrorists launched attacks on commercial
and public structures--the World Trade Center in New York and the
Pentagon in Arlington, Virginia--killing large numbers of people and
damaging properties of national significance. There is an increased
risk that further subversive or terrorist activity may be launched
against the United States based on warnings given by national security
and intelligence officials. The Federal Bureau of Investigation (FBI)
issued warnings on October 11, 2001 and February 11, 2002 concerning
the potential for additional terrorist attacks within the United
States. In addition, the ongoing hostilities in Afghanistan have made
it prudent for important facilities and vessels to be on a higher state
of alert because Osama Bin Ladin and his Al Qaeda organization, and
other similar organizations, have publicly declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
These heightened security concerns, together with the catastrophic
impact that a terrorist attack against a cruise ship would have to the
public interest, makes these security zones prudent on the navigable
waterways of the United States. To mitigate the risk of terrorist
actions, the Coast Guard has increased safety and security measures on
the navigable waterways of San Pedro Bay by establishing security zones
around cruise ships. Vessels operating near cruise ships present
possible platforms from which individuals may gain unauthorized access
to these vessels or launch terrorist attacks upon these vessels or
adjacent population centers. As a result, the Coast Guard is taking
measures to prevent vessels or persons from accessing the navigable
waters close to cruise ships on San Pedro Bay.
On January 18, 2002, we published a temporary final rule for cruise
ships entitled ``Security Zones; Port of Los Angeles and Catalina
Island'' in the Federal Register (67 FR 2571) under Sec. 165.T11-058.
It has been in effect since 11:59 PST on November 1, 2001 and is set to
expire 11:59 p.m. PDT on May 1, 2002. As of today, the need for
security zones around cruise ships still exist. This new temporary
final rule will begin 11:59 p.m. PDT on May 1, 2002, the exact time the
previous cruise ship security zone was in effect, and is set to expire
11:59 p.m. PST December 1, 2002. This will allow the Coast Guard time
to publish a notice of proposed rulemaking (NPRM) in the Federal
Register, which will include a public comment period, and for a final
rule to be published and put into effect without there being an
interruption in the protection provided by cruise ship security zones.
This new rule differs slightly from temporary section 165.T11-058
in a few ways. First, this temporary rule extends only the security
zones in San Pedro Bay. Second, the security zones will be in effect
around cruise ships in the Port of Long Beach as well as the Port of
Los Angeles. Third, while underway in San Pedro Bay, the security zone
will be 200 yards ahead, and 100 yards on each side and astern of the
cruise ship which is needed due to the cruise ship's speed of advance
through the water. Fourth, while implicit in the prior temporary rule,
the security zones here will be described as extending from the water's
surface to the sea floor. This more specific description is intended to
discourage unidentified scuba divers and swimmers from coming within
close proximity of a cruise ship. Fifth, the security zone around
cruise ships that are underway or anchored on San Pedro Bay was
broadened from only the port of Los Angeles inside the Los Angeles
``sea buoy'' to include all waters on San Pedro Bay within three
nautical miles of the Federal breakwaters. Lastly, to clarify to which
types of passenger vessels the rule applies, we have defined ``cruise
ship'' to coincide with the description in 33 CFR 120.100.
Discussion of Rule
This regulation establishes a security zone in the waters of San
Pedro Bay around all cruise ships that are anchored, moored, or
underway within the Los Angeles or Long Beach port area. This security
zone will take effect upon entry of any cruise ship into the waters
from within three nautical miles outside the Federal breakwaters
encompassing San Pedro Bay and will remain in effect until that vessel
departs the three nautical mile limit. The following areas are security
zones:
(1) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship that is anchored at a
designated anchorage either inside the Federal breakwaters bounding San
Pedro Bay or outside at designated anchorages within three nautical
miles of the Federal breakwaters;
(2) The shore area and all waters extending from the surface to the
sea floor, within a 100 yard radius around any cruise ship that is
moored, or in the process of mooring, at any berth within the Los
Angeles or Long Beach port areas inside the Federal breakwaters
bounding San Pedro Bay; and
(3) All waters, extending from the surface to the sea floor within
200 yards ahead, and 100 yards on each side and astern of a cruise ship
that is underway on the waters inside the Federal breakwaters bounding
San Pedro Bay or on the waters within three nautical miles seaward of
the Federal breakwater.
These security zones are needed for national security reasons to
protect cruise ships, the public, transiting
[[Page 31957]]
vessels, adjacent waterfront facilities, and the ports from potential
subversive acts, accidents, or other events of a similar nature. Entry
into these zones will be prohibited unless specifically authorized by
the Captain of the Port or his designated representative. Vessels
already moored or anchored when these security zones take effect are
not required to get underway to avoid either the moving or fixed zones
unless specifically ordered to do so by the Captain of the Port or his
designated representative.
As part of the Diplomatic Security and Antiterrorism Act of 1986
(Pub. L. 99-399), Congress amended the Ports and Waterways Safety Act
(PWSA) to allow the Coast Guard to take actions, including the
establishment of security and safety zones, to prevent or respond to
acts of terrorism against individuals, vessels, or public or commercial
structures. This authority, under section 7 of the PWSA (33 U.S.C.
1226), supplements the Coast Guard's authority to issue security zones
under The Magnuson Act regulations promulgated by the President under
50 U.S.C. 191, including Subparts 6.01 and 6.04 of Part 6 of Title 33
of the Code of Federal Regulations.
Vessels or persons violating this section will be subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33
U.S.C. 1232, any violation of the security zone described herein, is
punishable by civil penalties (not to exceed $27,500 per violation,
where each day of a continuing violation is a separate violation),
criminal penalties (imprisonment up to 6 years and a maximum fine of
$250,000), and in rem liability against the offending vessel. Any
person who violates this section, using a dangerous weapon, or who
engages in conduct that causes bodily injury or fear of imminent bodily
injury to any officer authorized to enforce this regulation, also faces
imprisonment up to 12 years. Vessels or persons violating this section
are also subject to the penalties set forth in 50 U.S.C. 192: Seizure
and forfeiture of the vessel to the United States, a maximum criminal
fine of $10,000, and imprisonment up to 10 years.
The Captain of the Port will enforce these zones and may enlist the
aid and cooperation of any Federal, State, county, municipal, and
private agency to assist in the enforcement of the regulation. This
regulation is proposed under the authority of 33 U.S.C. 1226 in
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C.
1231.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979) because these zones will
encompass a small portion of the waterway for a limited period of time.
Delays, if any, are expected to be less than 30 minutes in duration.
Vessels and persons may be allowed to enter these zones on a case-by-
case basis with permission of the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
For the same reasons stated in the Regulatory Evaluation section
above, 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.
We expect this rule will affect the following entities, some of
which may be small entities: The owners and operators of private and
commercial vessels intending to transit or anchor in a small portion of
the ports of Los Angeles or Long Beach near a cruise ship that are
covered by these security zones. The impact to these entities would
not, however, be significant since these security zones will encompass
a small portion of the waterway for a limited period of time. Delays,
if any, are expected to be less than thirty minutes in duration.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If this rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provision or
operations for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
[[Page 31958]]
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because we are establishing security zones.
A ``Categorical Exclusion Determination'' is available in the docket
for inspection or copying where indicated under ADDRESSES.
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
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(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add new temporary Sec. 165.T11-065 to read as follows:
Sec. 165.T11-065 Security Zones; Cruise ships, San Pedro Bay,
California.
(a) Definition. ``Cruise ship'' as used in this section means a
passenger vessel over 100 gross tons, carrying more than 12 passengers
for hire; making voyages lasting more than 24 hours, any part of which
is on the high seas; and for which passengers are embarked or
disembarked in the Port of Los Angeles or Port of Long Beach. It does
not apply to ferries that hold Coast Guard Certificates of Inspection
endorsed for ``Lakes, Bays, and Sounds'', and that transit
international waters for only short periods of time, on frequent
schedules.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship that is anchored at a
designated anchorage either inside the Federal breakwaters bounding San
Pedro Bay or outside at designated anchorages within three nautical
miles of the Federal breakwaters;
(2) The shore area and all waters, extending from the surface to
the sea floor, within a 100 yard radius around any cruise ship that is
moored, or is in the process of mooring, at any berth within the Los
Angeles or Long Beach port areas inside the Federal breakwaters
bounding San Pedro Bay; and
(3) All waters, extending from the surface to the sea floor, within
200 yards ahead, and 100 yards on each side and astern of a cruise ship
that is underway either on the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within three nautical miles
seaward of the Federal breakwaters.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Los Angeles-Long Beach, or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 1-800-221-8724 or
on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his or her
designated representative.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zone by the Los Angeles Port Police and
the Long Beach Police Department.
(f) Effective period. This section is effective from 11:59 p.m. PDT
on May 1, 2002 through 11:59 p.m. PST on December 1, 2002.
Dated: May 1, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-11917 Filed 5-10-02; 8:45 am]
BILLING CODE 4910-15-U