80_FR_17750 80 FR 17687 - Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor; Pacific Ocean, California

80 FR 17687 - Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor; Pacific Ocean, California

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17687-17689
FR Document2015-07595

The Coast Guard is establishing a temporary safety zone in the Pacific Ocean to encompass waters within the Port of Long Beach. The safety zone will be established as a result of specific waterside protest at Tesoro Terminals and in support of the safe navigation of all waterway users. Entry into the zone will be prohibited unless specifically authorized by the Captain of the Port, Los Angeles--Long Beach, or her designated representative.

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17687-17689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0163]
RIN 1625-AA00


Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor; 
Pacific Ocean, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Pacific Ocean to encompass waters within the Port of Long Beach. The 
safety zone will be established as a result of specific waterside 
protest at Tesoro Terminals and in support of the safe navigation of 
all waterway users. Entry into the zone will be prohibited unless 
specifically authorized by the Captain of the Port, Los Angeles--Long 
Beach, or her designated representative.

DATES: This rule is effective without actual notice from April 2, 2015 
until April 30, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 13, 2015, until 
April 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0163]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LTJG Jevon James, Waterways Management, 
U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521-
3860, email Jevon.L.James2@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 as it would be impracticable due to the short 
notice of the event and the limited duration this rule will be 
enforced.
    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 due to the short notice of the 
event and the limited duration this rule will be enforced.

B. Basis and Purpose

    The legal basis for this rulemaking can be found in 33 CFR 1.05-1 
which authorizes the Coast Guard to establish and define safety zones. 
With recent local labor disputes, protestors have targeted Tesoro 
Terminals within the Ports of Los Angeles--Long Beach. The Coast Guard 
anticipates water based demonstrations which may impede the safe 
navigation of vessels coming to and leaving Tesoro Terminals, as well 
as the demonstrators themselves. Thus, the Coast Guard is establishing 
a temporary safety zone on all navigable waters of the Pacific Ocean, 
from the surface to the sea floor, 100 yards in all direction of the 
following berths in the Port of Long Beach: Pier B 76-77, Pier B 84-87, 
and Pier T 121.

C. Discussion of the Final Rule

    The U.S. Coast Guard is establishing a temporary safety zone 
encompassing all navigable waters from the surface to the sea floor, 
100 yards in all direction of the following berths in the Port of Long 
Beach: Pier B 76-77, Pier B 84-87, and Pier T 121. The temporary safety 
zone will be enforced throughout each day. During the enforcement 
period, vessels are prohibited from entering

[[Page 17688]]

into, transiting through, or anchoring within the designated area 
unless authorized by the Captain of the Port or her designated 
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801. General boating public will be notified 
prior to the enforcement of the temporary safety zone via Broadcast 
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    The implementation of this temporary safety zone is necessary for 
the protection of all waterway users. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. Any hardships experienced by 
persons or vessels are considered minimal compared to the interest in 
protecting the public. Accordingly, full regulatory evaluation under 
paragraph 10(e) of the regulatory policies and procedures of the DHS is 
unnecessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor within the designated area during the designated enforcement 
times. This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) Vessel traffic can pass safely around the area, (ii) this 
zone is limited in scope and duration, (iii) the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 prior to and 
while the safety zone is enforced.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference With Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 17689]]

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 1.16 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T11-687 to read as follows:


Sec.  165.T11-687  Safety Zone: Tesoro Terminal Protest: Port of Long 
Beach Harbor; Pacific Ocean, California

    (a) Location. The limits of the safety zone are as follows: 
Encompassing all navigable waters of Captain of the Port Zone LA-LB 
from the surface to the sea floor, within 100 yards in all direction of 
the following berths in the Port of Long Beach: Pier B 76-77, Pier B 
84-87, and Pier T 121.
    (b) Enforcement Period. This section will be enforced throughout 
the entirety of each day from March 13-April 30, 2015. The general 
boating public will be notified prior to the enforcement of the 
temporary safety zone via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, vessels are prohibited from entering into, 
transiting through, or anchoring within the designated area unless 
authorized by the Captain of the Port or her designated representative. 
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or 
310-521-3801.

    Dated: March 13, 2015.
J.F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-07595 Filed 4-1-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations                                        17687

                                            Environmental Policy Act of 1969                           Dated: March 19, 2015.                             Hairston, Program Manager, Docket
                                            (NEPA) (42 U.S.C. 4321–4370f), and                      J. F. Williams,                                       Operations, telephone (202) 366–9826.
                                            have determined that this action is one                 Captain, U.S. Coast Guard, Captain of the             SUPPLEMENTARY INFORMATION:
                                            of a category of actions that do not                    Port Los Angeles—Long Beach.
                                            individually or cumulatively have a                                                                           Table of Acronyms
                                                                                                    [FR Doc. 2015–07594 Filed 4–1–15; 8:45 am]
                                            significant effect on the human                         BILLING CODE 9110–04–P                                DHS Department of Homeland Security
                                            environment. This rule is categorically                                                                       FR Federal Register
                                            excluded from further review under                                                                            NPRM Notice of Proposed Rulemaking
                                            paragraph 34(g) of Figure 2–1 of the                    DEPARTMENT OF HOMELAND                                A. Regulatory History and Information
                                            Commandant Instruction. An                              SECURITY
                                            environmental analysis checklist                                                                                 The Coast Guard is issuing this
                                            supporting this determination and a                     Coast Guard                                           temporary final rule without prior
                                            Categorical Exclusion Determination are                                                                       notice and opportunity to comment
                                            available in the docket where indicated                 33 CFR Part 165                                       pursuant to authority under section 4(a)
                                            under ADDRESSES. We seek any                                                                                  of the Administrative Procedure Act
                                                                                                    [Docket Number USCG–2015–0163]                        (APA) (5 U.S.C. 553(b)). This provision
                                            comments or information that may lead
                                            to the discovery of a significant                       RIN 1625–AA00                                         authorizes an agency to issue a rule
                                            environmental impact from this rule.                                                                          without prior notice and opportunity to
                                                                                                    Safety Zone: Tesoro Terminal Protest:                 comment when the agency for good
                                            List of Subjects in 33 CFR Part 165                     Port of Long Beach Harbor; Pacific                    cause finds that those procedures are
                                                                                                    Ocean, California                                     ‘‘impracticable, unnecessary, or contrary
                                              Harbors, Marine safety, Navigation
                                            (water), Reporting and recordkeeping                    AGENCY:    Coast Guard, DHS.                          to the public interest.’’ Under 5 U.S.C.
                                            requirements, Security measures,                                                                              553(b)(B), the Coast Guard finds that
                                                                                                    ACTION:   Temporary final rule.
                                            Waterways.                                                                                                    good cause exists for not publishing a
                                                                                                    SUMMARY:    The Coast Guard is                        notice of proposed rulemaking (NPRM)
                                              For the reasons discussed in the                                                                            with respect to this rule as it would be
                                                                                                    establishing a temporary safety zone in
                                            preamble, the Coast Guard amends 33                                                                           impracticable due to the short notice of
                                                                                                    the Pacific Ocean to encompass waters
                                            CFR part 165 as follows:                                                                                      the event and the limited duration this
                                                                                                    within the Port of Long Beach. The
                                            PART 165—REGULATED NAVIGATION                           safety zone will be established as a                  rule will be enforced.
                                                                                                    result of specific waterside protest at                  Under 5 U.S.C. 553(d)(3), the Coast
                                            AREAS AND LIMITED ACCESS AREAS
                                                                                                    Tesoro Terminals and in support of the                Guard finds that good cause exists for
                                            ■ 1. The authority citation for part 165                safe navigation of all waterway users.                making this rule effective less than 30
                                            continues to read as follows:                           Entry into the zone will be prohibited                days after publication in the Federal
                                                                                                    unless specifically authorized by the                 Register due to the short notice of the
                                              Authority: 33 U.S.C. 1231; 46 U.S.C.                                                                        event and the limited duration this rule
                                            Chapter 701; 50 U.S.C. 191, 195; 33 CFR                 Captain of the Port, Los Angeles—Long
                                                                                                    Beach, or her designated representative.              will be enforced.
                                            1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
                                            107–295, 1.16 Stat. 2064; Department of                 DATES: This rule is effective without                 B. Basis and Purpose
                                            Homeland Security Delegation No. 0170.1.                actual notice from April 2, 2015 until                  The legal basis for this rulemaking
                                            ■ 2. Add 165.T11–688 to read as                         April 30, 2015. For the purposes of                   can be found in 33 CFR 1.05–1 which
                                            follows:                                                enforcement, actual notice will be used               authorizes the Coast Guard to establish
                                                                                                    from the date the rule was signed,                    and define safety zones. With recent
                                            § 165.T11–688 Safety Zone: Marina del Rey               March 13, 2015, until April 2, 2015.                  local labor disputes, protestors have
                                            Fireworks Show, Santa Monica Bay; Marina                ADDRESSES: Documents mentioned in
                                            del Rey, California.                                                                                          targeted Tesoro Terminals within the
                                                                                                    this preamble are part of docket [USCG–               Ports of Los Angeles—Long Beach. The
                                              (a) Location. The limits of the safety                2015–0163]. To view documents                         Coast Guard anticipates water based
                                            zone are as follows: encompassing all                   mentioned in this preamble as being                   demonstrations which may impede the
                                            navigable waters from the surface to the                available in the docket, go to http://                safe navigation of vessels coming to and
                                            sea floor within a 400 foot radius                      www.regulations.gov, type the docket                  leaving Tesoro Terminals, as well as the
                                            around the fireworks launch site on the                 number in the ‘‘SEARCH’’ box and click                demonstrators themselves. Thus, the
                                            south jetty in approximate position 33–                 ‘‘SEARCH.’’ Click on Open Docket                      Coast Guard is establishing a temporary
                                            57.742N 118–27.380W.                                    Folder on the line associated with this               safety zone on all navigable waters of
                                              (b) Enforcement Period. This section                  rulemaking. You may also visit the                    the Pacific Ocean, from the surface to
                                            will be enforced on April 10, 2015. The                 Docket Management Facility in Room                    the sea floor, 100 yards in all direction
                                            temporary safety zone will be enforced                  W12–140 on the ground floor of the                    of the following berths in the Port of
                                            from 8:00 p.m. to 10:00 p.m. General                    Department of Transportation West                     Long Beach: Pier B 76–77, Pier B 84–87,
                                            boating public will be notified prior to                Building, 1200 New Jersey Avenue SE.,                 and Pier T 121.
                                            the enforcement of the temporary safety                 Washington, DC 20590, between 9 a.m.
                                            zone via Broadcast Notice to Mariners.                  and 5 p.m., Monday through Friday,                    C. Discussion of the Final Rule
                                               (c) Regulations. In accordance with                  except Federal holidays.                                 The U.S. Coast Guard is establishing
                                            the general regulations in § 165.23 of                  FOR FURTHER INFORMATION CONTACT: If                   a temporary safety zone encompassing
                                            this part, vessels are prohibited from                  you have questions on this temporary                  all navigable waters from the surface to
                                            entering into, transiting through, or                   rule, call or email LTJG Jevon James,                 the sea floor, 100 yards in all direction
tkelley on DSK3SPTVN1PROD with RULES




                                            anchoring within the designated area                    Waterways Management, U.S. Coast                      of the following berths in the Port of
                                            unless authorized by the Captain of the                 Guard Sector Los Angeles—Long Beach;                  Long Beach: Pier B 76–77, Pier B 84–87,
                                            Port or her designated representative.                  telephone (310) 521–3860, email                       and Pier T 121. The temporary safety
                                            Sector Los Angeles—Long Beach may be                    Jevon.L.James2@uscg.mil. If you have                  zone will be enforced throughout each
                                            contacted on VHF–FM Channel 16 or                       questions on viewing or submitting                    day. During the enforcement period,
                                            310–521–3801.                                           material to the docket, call Barbara                  vessels are prohibited from entering


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                                            17688               Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations

                                            into, transiting through, or anchoring                  substantial number of small entities for              jeopardizing the safety or security of
                                            within the designated area unless                       the following reasons: (i) Vessel traffic             people, places or vessels.
                                            authorized by the Captain of the Port or                can pass safely around the area, (ii) this
                                                                                                                                                          7. Unfunded Mandates Reform Act
                                            her designated representative. Sector                   zone is limited in scope and duration,
                                            Los Angeles—Long Beach may be                           (iii) the Coast Guard will issue                        The Unfunded Mandates Reform Act
                                            contacted on VHF–FM Channel 16 or                       Broadcast Notice to Mariners via VHF–                 of 1995 (2 U.S.C. 1531–1538) requires
                                            310–521–3801. General boating public                    FM marine channel 16 prior to and                     Federal agencies to assess the effects of
                                            will be notified prior to the enforcement               while the safety zone is enforced.                    their discretionary regulatory actions. In
                                            of the temporary safety zone via                                                                              particular, the Act addresses actions
                                                                                                    3. Assistance for Small Entities
                                            Broadcast Notice to Mariners.                                                                                 that may result in the expenditure by a
                                            D. Regulatory Analyses                                     Under section 213(a) of the Small                  State, local, or tribal government, in the
                                                                                                    Business Regulatory Enforcement                       aggregate, or by the private sector of
                                              We developed this rule after                          Fairness Act of 1996 (Pub. L. 104–121),               $100,000,000 (adjusted for inflation) or
                                            considering numerous statutes and                       we want to assist small entities in                   more in any one year. Though this rule
                                            executive orders related to rulemaking.                 understanding this rule. If the rule                  will not result in such expenditure, we
                                            Below we summarize our analyses                         would affect your small business,                     do discuss the effects of this rule
                                            based on these statutes and executive                   organization, or governmental                         elsewhere in this preamble.
                                            orders.                                                 jurisdiction and you have questions
                                                                                                                                                          8. Taking of Private Property
                                            1. Regulatory Planning and Review                       concerning its provisions or options for
                                                                                                    compliance, please contact the person                   This rule will not cause a taking of
                                               This rule is not a significant
                                                                                                    listed in the FOR FURTHER INFORMATION                 private property or otherwise have
                                            regulatory action under section 3(f) of
                                                                                                    CONTACT, above.                                       taking implications under Executive
                                            Executive Order 12866, Regulatory
                                                                                                       Small businesses may send comments                 Order 12630, Governmental Actions and
                                            Planning and Review, as supplemented
                                                                                                    on the actions of Federal employees                   Interference With Constitutionally
                                            by Executive Order 13563, Improving
                                                                                                    who enforce, or otherwise determine                   Protected Property Rights.
                                            Regulation and Regulatory Review, and
                                            does not require an assessment of                       compliance with, Federal regulations to               9. Civil Justice Reform
                                            potential costs and benefits under                      the Small Business and Agriculture
                                                                                                    Regulatory Enforcement Ombudsman                        This rule meets applicable standards
                                            section 6(a)(3) of Executive Order 12866
                                                                                                    and the Regional Small Business                       in sections 3(a) and 3(b)(2) of Executive
                                            or under section 1 of Executive Order
                                                                                                    Regulatory Fairness Boards. The                       Order 12988, Civil Justice Reform, to
                                            13563. The Office of Management and
                                                                                                    Ombudsman evaluates these actions                     minimize litigation, eliminate
                                            Budget has not reviewed it under those
                                                                                                    annually and rates each agency’s                      ambiguity, and reduce burden.
                                            Orders. It is not ‘‘significant’’ under the
                                            regulatory policies and procedures of                   responsiveness to small business. If you              10. Protection of Children
                                            the Department of Homeland Security                     wish to comment on actions by
                                            (DHS).                                                  employees of the Coast Guard, call 1–                   We have analyzed this rule under
                                               The implementation of this temporary                 888–REG–FAIR (1–888–734–3247). The                    Executive Order 13045, Protection of
                                            safety zone is necessary for the                        Coast Guard will not retaliate against                Children from Environmental Health
                                            protection of all waterway users. The                   small entities that question or complain              Risks and Safety Risks. This rule is not
                                            size of the zone is the minimum                         about this rule or any policy or action               an economically significant rule and
                                            necessary to provide adequate                           of the Coast Guard.                                   does not create an environmental risk to
                                            protection for the waterways users,                                                                           health or risk to safety that may
                                                                                                    4. Collection of Information
                                            adjoining areas, and the public. Any                                                                          disproportionately affect children.
                                            hardships experienced by persons or                       This rule will not call for a new
                                                                                                                                                          11. Indian Tribal Governments
                                            vessels are considered minimal                          collection of information under the
                                            compared to the interest in protecting                  Paperwork Reduction Act of 1995 (44                      This rule does not have tribal
                                            the public. Accordingly, full regulatory                U.S.C. 3501–3520).                                    implications under Executive Order
                                            evaluation under paragraph 10(e) of the                                                                       13175, Consultation and Coordination
                                                                                                    5. Federalism
                                            regulatory policies and procedures of                                                                         With Indian Tribal Governments,
                                            the DHS is unnecessary.                                    A rule has implications for federalism             because it does not have a substantial
                                                                                                    under Executive Order 13132,                          direct effect on one or more Indian
                                            2. Impact on Small Entities                             Federalism, if it has a substantial direct            tribes, on the relationship between the
                                               The Regulatory Flexibility Act of 1980               effect on the States, on the relationship             Federal Government and Indian tribes,
                                            (RFA), 5 U.S.C. 601–612, as amended,                    between the national government and                   or on the distribution of power and
                                            requires federal agencies to consider the               the States, or on the distribution of                 responsibilities between the Federal
                                            potential impact of regulations on small                power and responsibilities among the                  Government and Indian tribes.
                                            entities during rulemaking. The Coast                   various levels of government. We have
                                                                                                                                                          12. Energy Effects
                                            Guard certifies under 5 U.S.C. 605(b)                   analyzed this rule under that Order and
                                            that this rule will not have a significant              determined that this rule does not have                 This action is not a ‘‘significant
                                            economic impact on a substantial                        implications for federalism.                          energy action’’ under Executive Order
                                            number of small entities.                                                                                     13211, Actions Concerning Regulations
                                                                                                    6. Protest Activities
                                               This rule will affect the following                                                                        That Significantly Affect Energy Supply,
                                            entities, some of which may be small                      The Coast Guard respects the First                  Distribution, or Use.
tkelley on DSK3SPTVN1PROD with RULES




                                            entities: The owners or operators of                    Amendment rights of protesters.
                                                                                                                                                          13. Technical Standards
                                            vessels intending to transit or anchor                  Protesters are asked to contact the
                                            within the designated area during the                   person listed in the FOR FURTHER                        This rule does not use technical
                                            designated enforcement times. This                      INFORMATION CONTACT section to                        standards. Therefore, we did not
                                            temporary safety zone will not have a                   coordinate protest activities so that your            consider the use of voluntary consensus
                                            significant economic impact on a                        message can be received without                       standards.


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                                                                Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations                                       17689

                                            14. Environment                                         this part, vessels are prohibited from                infrastructure elements for the 2008 8-
                                              We have analyzed this rule under                      entering into, transiting through, or                 hour ozone NAAQS.
                                            Department of Homeland Security                         anchoring within the designated area                  DATES: This rule will be effective May 4,
                                            Management Directive 023–01 and                         unless authorized by the Captain of the               2015.
                                            Commandant Instruction M16475.lD,                       Port or her designated representative.                ADDRESSES: EPA has established a
                                            which guide the Coast Guard in                          Sector Los Angeles—Long Beach may be                  docket for this action under Docket
                                            complying with the National                             contacted on VHF–FM Channel 16 or                     Identification No. EPA–R04–OAR–
                                            Environmental Policy Act of 1969                        310–521–3801.                                         2012–0689. All documents in the docket
                                            (NEPA) (42 U.S.C. 4321–4370f), and                         Dated: March 13, 2015.                             are listed on the www.regulations.gov
                                            have determined that this action is one                 J.F. Williams,                                        Web site. Although listed in the index,
                                            of a category of actions that do not                    Captain, U.S. Coast Guard, Captain of the             some information is not publicly
                                            individually or cumulatively have a                     Port Los Angeles—Long Beach.                          available, i.e., Confidential Business
                                            significant effect on the human                         [FR Doc. 2015–07595 Filed 4–1–15; 8:45 am]            Information or other information whose
                                            environment. This rule is categorically                 BILLING CODE 9110–04–P
                                                                                                                                                          disclosure is restricted by statute.
                                            excluded from further review under                                                                            Certain other material, such as
                                            paragraph 34(g) of Figure 2–1 of the                                                                          copyrighted material, is not placed on
                                            Commandant Instruction. An                                                                                    the Internet and will be publicly
                                                                                                    ENVIRONMENTAL PROTECTION                              available only in hard copy form.
                                            environmental analysis checklist                        AGENCY
                                            supporting this determination and a                                                                           Publicly available docket materials are
                                            Categorical Exclusion Determination are                 40 CFR Part 52                                        available either electronically through
                                            available in the docket where indicated                                                                       www.regulations.gov or in hard copy at
                                                                                                    [EPA–R04–OAR–2012–0689; FRL–9925–53–                  the Air Regulatory Management Section
                                            under ADDRESSES. We seek any
                                                                                                    Region 4]                                             (formerly the Regulatory Development
                                            comments or information that may lead
                                            to the discovery of a significant                                                                             Section), Air Planning and
                                                                                                    Approval and Promulgation of
                                            environmental impact from this rule.                                                                          Implementation Branch (formerly the
                                                                                                    Implementation Plans; Alabama;
                                                                                                                                                          Air Planning Branch), Air, Pesticides
                                            List of Subjects in 33 CFR Part 165                     Infrastructure Requirements for the
                                                                                                                                                          and Toxics Management Division, U.S.
                                                                                                    2008 8-Hour Ozone National Ambient
                                              Harbors, Marine safety, Navigation                                                                          Environmental Protection Agency,
                                                                                                    Air Quality Standards
                                            (water), Reporting and record keeping                                                                         Region 4, 61 Forsyth Street SW.,
                                            requirements, Security measures,                        AGENCY:  Environmental Protection                     Atlanta, Georgia 30303–8960. EPA
                                            Waterways.                                              Agency.                                               requests that if at all possible, you
                                              For the reasons discussed in the                      ACTION: Final rule.                                   contact the person listed in the FOR
                                            preamble, the Coast Guard amends 33                                                                           FURTHER INFORMATION CONTACT section to
                                            CFR part 165 as follows:                                SUMMARY:    The Environmental Protection              schedule your inspection. The Regional
                                                                                                    Agency (EPA) is taking final action to                Office’s official hours of business are
                                            PART 165—REGULATED NAVIGATION                           approve in part and disapprove in part,               Monday through Friday, 8:30 a.m. to
                                            AREAS AND LIMITED ACCESS AREAS                          the August 20, 2012, State                            4:30 p.m. excluding Federal holidays.
                                                                                                    Implementation Plan (SIP) submission,                 FOR FURTHER INFORMATION CONTACT:
                                            ■ 1. The authority citation for part 165                provided by the Alabama Department of                 Nacosta C. Ward, Air Regulatory
                                            continues to read as follows:                           Environmental Management (ADEM) for                   Management Section, Air Planning and
                                              Authority: 33 U.S.C. 1231; 46 U.S.C.                  inclusion into the Alabama SIP. This                  Implementation Branch, Air, Pesticides
                                            Chapter 701; 50 U.S.C. 191, 195; 33 CFR                 final rulemaking pertains to the Clean                and Toxics Management Division, U.S.
                                            1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.              Air Act (CAA or the Act) infrastructure               Environmental Protection Agency,
                                            107–295, 1.16 Stat. 2064; Department of                 requirements for the 2008 8-hour ozone                Region 4, 61 Forsyth Street SW.,
                                            Homeland Security Delegation No. 0170.1.                national ambient air quality standards                Atlanta, Georgia 30303–8960. The
                                            ■ 2. Add § 165.T11–687 to read as                       (NAAQS). The CAA requires that each                   telephone number is (404) 562–9140.
                                            follows:                                                state adopt and submit a SIP for the                  Ms. Ward can be reached via electronic
                                                                                                    implementation, maintenance and                       mail at ward.nacosta@epa.gov.
                                            § 165.T11–687 Safety Zone: Tesoro                       enforcement of each NAAQS                             SUPPLEMENTARY INFORMATION:
                                            Terminal Protest: Port of Long Beach                    promulgated by EPA, which is
                                            Harbor; Pacific Ocean, California                       commonly referred to as an                            I. Background
                                               (a) Location. The limits of the safety               ‘‘infrastructure’’ SIP submission. ADEM                  Upon promulgation of a new or
                                            zone are as follows: Encompassing all                   certified that the Alabama SIP contains               revised NAAQS, sections 110(a)(1) and
                                            navigable waters of Captain of the Port                 provisions that ensure the 2008 8-hour                (2) of the CAA require states to address
                                            Zone LA–LB from the surface to the sea                  ozone NAAQS is implemented,                           basic SIP requirements, including
                                            floor, within 100 yards in all direction                enforced, and maintained in Alabama.                  emissions inventories, monitoring, and
                                            of the following berths in the Port of                  With the exception of provisions                      modeling to assure attainment and
                                            Long Beach: Pier B 76–77, Pier B 84–87,                 pertaining to prevention of significant               maintenance for that new NAAQS.
                                            and Pier T 121.                                         deterioration (PSD) permitting,                       Section 110(a) of the CAA generally
                                               (b) Enforcement Period. This section                 interstate transport, and visibility                  requires states to make a SIP submission
                                            will be enforced throughout the entirety                protection requirements for which EPA                 to meet applicable requirements in
                                            of each day from March 13–April 30,                     is taking no action in this rulemaking,               order to provide for the implementation,
tkelley on DSK3SPTVN1PROD with RULES




                                            2015. The general boating public will be                and provisions respecting state boards                maintenance, and enforcement of a new
                                            notified prior to the enforcement of the                for which EPA is taking action to                     or revised NAAQS within three years
                                            temporary safety zone via Broadcast                     disapprove, EPA is taking final action to             following the promulgation of such
                                            Notice to Mariners.                                     approve Alabama’s infrastructure SIP                  NAAQS, or within such shorter period
                                               (c) Regulations. In accordance with                  submission provided to EPA on August                  as EPA may prescribe. These SIP
                                            the general regulations in § 165.23 of                  20, 2012, as satisfying the required                  submissions are commonly referred to


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Document Created: 2018-02-21 10:03:23
Document Modified: 2018-02-21 10:03:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from April 2, 2015 until April 30, 2015. For the purposes of enforcement, actual notice will be used from the date the rule was signed, March 13, 2015, until April 2, 2015.
ContactIf you have questions on this temporary rule, call or email LTJG Jevon James, Waterways Management, U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521- 3860, email [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 17687 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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