80_FR_60998 80 FR 60803 - Security Zone: Escorted Vessels, Los Angeles-Long Beach, CA, Captain of the Port Zone

80 FR 60803 - Security Zone: Escorted Vessels, Los Angeles-Long Beach, CA, Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 195 (October 8, 2015)

Page Range60803-60805
FR Document2015-25557

The Coast Guard is establishing a security zone around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets on the navigable waters of the Captain of the Port (COTP) Zone, Los Angeles-Long Beach, California. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature. No vessel or person is allowed in this zone unless authorized by the Captain of the Port or a designated representative.

Federal Register, Volume 80 Issue 195 (Thursday, October 8, 2015)
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60803-60805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25557]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0880]
RIN 1625-AA87


Security Zone: Escorted Vessels, Los Angeles-Long Beach, CA, 
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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

SUMMARY: The Coast Guard is establishing a security zone around any 
vessel escorted by one or more Coast Guard, State, or local law 
enforcement assets on the navigable waters of the Captain of the Port 
(COTP) Zone, Los Angeles-Long Beach, California. This action is 
necessary to protect personnel, vessels, and facilities from sabotage 
or other subversive acts, accidents, or other events of a similar 
nature. No vessel or person is allowed in this zone unless authorized 
by the Captain of the Port or a designated representative.

DATES: This rule is effective without actual notice from October 8, 
2015. For the purposes of enforcement, actual notice will be used from 
September 18, 2015, until October 8, 2015.
    Comments and related material must be received by the Coast Guard 
on or before December 17, 2015. Requests for public meetings must be 
received by the Coast Guard on or before November 18, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0880 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Jevon James, Waterways Management, U.S. Coast Guard; 
telephone (310)521-3860, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. We encourage you to submit comments through the Federal 
eRulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions. We accept anonymous comments. All comments 
received will be posted without change to http://www.regulations.gov 
and will include any personal information you have provided. For more 
about privacy and the docket, you may review a Privacy Act notice 
regarding the Federal Docket Management System in the March 24, 2005, 
issue of the Federal Register (70 FR 15086). Documents mentioned in 
this rule as being available in the docket, and all public comments, 
will be in our online docket at http://www.regulations.gov and can be 
viewed by following that Web site's instructions. Additionally, if you 
go to the online docket and sign up for email alerts, you will be 
notified when comments are posted or a final rule is published.

B. Regulatory History and 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. Publishing a NPRM and delaying 
the effective date would be impracticable, as publication of an NPRM 
would delay the effective date of this rule past the time where it was 
needed. To ensure safe boating and the appropriate distance away from 
the escorted vessel is maintained, it is imperative that a standard 
exclusionary zone be broadcast and safe speeds be followed for all 
escorted vessels.
    For the same reason above, 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.

C. Basis and Purpose

    The terrorist attacks of September 2001 heightened the need for 
development of various security measures throughout the seaports of the 
United States, particularly around vessels and facilities whose 
presence or movement creates a heightened vulnerability to terrorist 
acts; or those for which the consequences of terrorist acts represent a 
threat to national security. The President of the United States has 
found that the security of the United States is and continues to be 
endangered following the attacks of September 11 (E.O. 13,273, 67 FR 
56215, Sep. 3, 2002 and 79 FR 56475, Sep. 19, 2014).
    The Captain of the Port Los Angeles-Long Beach, California conducts 
port security operations involving vessels that require additional 
security, including, but not limited to, high capacity passenger 
vessels, vessels carrying sensitive Department of Defense cargoes, 
vessels carrying dangerous cargoes, and foreign naval vessels. The 
Captain of the Port has determined that these vessels have a 
significant vulnerability to subversive activity by other vessels or 
persons, or, in some cases, themselves pose a risk to a port and the 
public within the Captain of the Port Zone, as described in 33 CFR 
3.55-10. This rule enables the COTP Los Angeles-Long Beach to provide 
effective port security, while minimizing the public's confusion and 
easing the administrative burden of implementing separate temporary 
security zone rules for each escorted vessel.

D. Discussion of the Interim Rule

    This rule establishes a security zone that prohibits persons and 
vessels from coming within 500 yards of all escorted

[[Page 60804]]

vessels within navigable waters, as defined in 33 CFR 2.36, of the 
Captain of the Port Zone Los Angeles-Long Beach, CA, as described in 33 
CFR 3.55-10. Persons or vessels that receive permission to enter the 
security zone must proceed at a minimum safe speed, at a safe distance 
from the escorted vessel as directed by the on scene Coast Guard, 
State, or local law enforcement agency, and must comply with all orders 
issued by the COTP or a designated representative. Outside of this 
arrangement, no vessel or person may enter within a 500-yard radius of 
an escorted vessel.
    An escorted vessel is defined as a vessel, other than a large U.S. 
naval vessel as defined in 33 CFR 165.2015, that is accompanied by one 
or more Coast Guard assets or other Federal, State or local law 
enforcement agency assets clearly identifiable by lights, vessel 
markings, or with agency insignia as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.

E. 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

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the rule has not 
been reviewed by the Office of Management and Budget. The limited 
geographic area impacted by the security zone will not restrict the 
movement or routine operation of commercial or recreational vessels 
through the Ports within the Captain of the Port Zone Los Angeles-Long 
Beach.

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 may affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to transit in 
the vicinity of escorted vessels. This rule would not have a 
significant impact on a substantial number of small entities because 
the zones are limited in size, in most cases leaving ample space for 
vessels to navigate around them. The zones will not significantly 
impact commercial and passenger vessel traffic patterns, and mariners 
will be notified of the zones via Broadcast Notice to Mariners. Where 
such space is not available and security conditions permit, the Captain 
of the Port will attempt to provide flexibility for individual vessels 
to transit through the zones as needed.
    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.

3. 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).

4. 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 determined 
that this rule does not have implications for federalism.
    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.

5. 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.

6. 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.

7. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 60805]]

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.

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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.11731 to read as follows:


Sec.  165.11731  Security Zone: Escorted Vessels, Los Angeles-Long 
Beach, CA, Captain of the Port Zone.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Los Angeles-Long Beach, CA (LALB).
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the COTP, in the enforcement of the security 
zone.
    Escorted vessel means a vessel, other than a large U.S. naval 
vessel as defined in Sec.  165.2015, that is accompanied by one or more 
Coast Guard assets or other Federal, State or local law enforcement 
agency assets clearly identifiable by lights, vessel markings, or with 
agency insignia as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    (3) When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, 
broadcast notice to mariners will be issued to advise mariners of these 
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (b) Regulated area. All navigable waters, as defined in 33 CFR 
2.36, within the Captain of the Port Zone, Los Angeles-Long Beach, 
California 33 CFR 3.55-10.
    (c) Security zone. A 500-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec.  165.33 apply to this section.
    (2) A vessel may request the permission of the COTP LALB or a 
designated representative to enter the security zone described in 
paragraph (c) of this section. If permitted to enter the security zone, 
a vessel must proceed at the minimum safe speed and must comply with 
the orders of the COTP or a designated representative.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in 
the regulated area by Broadcast Notice to Mariners. Coast Guard assets 
or other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP LALB may be reached via phone at 
(310) 521-3801. Any on scene Coast Guard or designated representative 
assets may be reached via VHF-FM channel 16.

    Dated: September 15, 2015.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-25557 Filed 10-7-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations                                       60803

                                           Port Lake Michigan, or an on-scene                      Coast Guard on or before November 18,                 B. Regulatory History and Information
                                           representative.                                         2015.                                                   We did not publish a notice of
                                             This document is issued under                         ADDRESSES:   You may submit comments                  proposed rulemaking (NPRM) for this
                                           authority of 33 CFR 165.931 and 5                       identified by docket number USCG–                     regulation. Under 5 U.S.C. 553(b)(B), the
                                           U.S.C. 552(a). In addition to this                      2015–0880 using the Federal                           Coast Guard finds that good cause exists
                                           publication in the Federal Register, the                eRulemaking Portal at http://                         for not publishing an NPRM. Publishing
                                           Coast Guard will provide the maritime                   www.regulations.gov. See the ‘‘Public                 a NPRM and delaying the effective date
                                           community with advance notification of                  Participation and Request for                         would be impracticable, as publication
                                           these enforcement periods via broadcast                 Comments’’ portion of the                             of an NPRM would delay the effective
                                           Notice to Mariners or Local Notice to                   SUPPLEMENTARY INFORMATION section for                 date of this rule past the time where it
                                           Mariners. If the Captain of the Port Lake               further instructions on submitting                    was needed. To ensure safe boating and
                                           Michigan determines that the safety                     comments.                                             the appropriate distance away from the
                                           zone need not be enforced for the full                                                                        escorted vessel is maintained, it is
                                           duration stated in this notice, he or she               FOR FURTHER INFORMATION CONTACT:     If               imperative that a standard exclusionary
                                           may suspend enforcement and provide                     you have questions on this rule, call or              zone be broadcast and safe speeds be
                                           notice via a Broadcast Notice to                        email LT Jevon James, Waterways                       followed for all escorted vessels.
                                           Mariners. The Captain of the Port Lake                  Management, U.S. Coast Guard;                           For the same reason above, under 5
                                           Michigan or an on-scene representative                  telephone (310)521–3860, email                        U.S.C. 553(d)(3), the Coast Guard finds
                                           may be contacted via VHF Channel 16.                    Jevon.L.James2@uscg.mil.                              that good cause exists for making this
                                             Dated: September 9, 2015.                             SUPPLEMENTARY INFORMATION:                            rule effective less than 30 days after
                                           K.M. Moser,                                                                                                   publication in the Federal Register.
                                                                                                   Table of Acronyms
                                           Commander, U.S. Coast Guard, Acting                                                                           C. Basis and Purpose
                                           Captain of the Port Lake Michigan.                      DHS Department of Homeland Security
                                           [FR Doc. 2015–25728 Filed 10–7–15; 8:45 am]             FR Federal Register                                     The terrorist attacks of September
                                                                                                   NPRM Notice of Proposed Rulemaking                    2001 heightened the need for
                                           BILLING CODE 9110–04–P
                                                                                                   A. Public Participation and Request for               development of various security
                                                                                                   Comments                                              measures throughout the seaports of the
                                           DEPARTMENT OF HOMELAND                                                                                        United States, particularly around
                                           SECURITY                                                   We view public participation as                    vessels and facilities whose presence or
                                                                                                   essential to effective rulemaking, and                movement creates a heightened
                                           Coast Guard                                             will consider all comments and material               vulnerability to terrorist acts; or those
                                                                                                   received during the comment period.                   for which the consequences of terrorist
                                           33 CFR Part 165                                         Your comment can help shape the                       acts represent a threat to national
                                                                                                   outcome of this rulemaking. If you                    security. The President of the United
                                           [Docket Number USCG–2015–0880]                          submit a comment, please include the                  States has found that the security of the
                                                                                                   docket number for this rulemaking,                    United States is and continues to be
                                           RIN 1625–AA87
                                                                                                   indicate the specific section of this                 endangered following the attacks of
                                           Security Zone: Escorted Vessels, Los                    document to which each comment                        September 11 (E.O. 13,273, 67 FR
                                           Angeles-Long Beach, CA, Captain of                      applies, and provide a reason for each                56215, Sep. 3, 2002 and 79 FR 56475,
                                           the Port Zone                                           suggestion or recommendation. We                      Sep. 19, 2014).
                                                                                                   encourage you to submit comments                        The Captain of the Port Los Angeles-
                                           AGENCY:Coast Guard, DHS.                                through the Federal eRulemaking Portal                Long Beach, California conducts port
                                                 Interim rule and request for
                                           ACTION:                                                 at http://www.regulations.gov. If your                security operations involving vessels
                                           comments.                                               material cannot be submitted using                    that require additional security,
                                                                                                   http://www.regulations.gov, contact the               including, but not limited to, high
                                           SUMMARY:   The Coast Guard is                           person in the FOR FURTHER INFORMATION                 capacity passenger vessels, vessels
                                           establishing a security zone around any                 CONTACT section of this document for                  carrying sensitive Department of
                                           vessel escorted by one or more Coast                    alternate instructions. We accept                     Defense cargoes, vessels carrying
                                           Guard, State, or local law enforcement                  anonymous comments. All comments                      dangerous cargoes, and foreign naval
                                           assets on the navigable waters of the                   received will be posted without change                vessels. The Captain of the Port has
                                           Captain of the Port (COTP) Zone, Los                    to http://www.regulations.gov and will                determined that these vessels have a
                                           Angeles-Long Beach, California. This                    include any personal information you                  significant vulnerability to subversive
                                           action is necessary to protect personnel,               have provided. For more about privacy                 activity by other vessels or persons, or,
                                           vessels, and facilities from sabotage or                and the docket, you may review a                      in some cases, themselves pose a risk to
                                           other subversive acts, accidents, or other              Privacy Act notice regarding the Federal              a port and the public within the Captain
                                           events of a similar nature. No vessel or                Docket Management System in the                       of the Port Zone, as described in 33 CFR
                                           person is allowed in this zone unless                   March 24, 2005, issue of the Federal                  3.55–10. This rule enables the COTP Los
                                           authorized by the Captain of the Port or                Register (70 FR 15086). Documents                     Angeles-Long Beach to provide effective
                                           a designated representative.                            mentioned in this rule as being available             port security, while minimizing the
                                           DATES: This rule is effective without                   in the docket, and all public comments,               public’s confusion and easing the
                                           actual notice from October 8, 2015. For                 will be in our online docket at http://               administrative burden of implementing
                                           the purposes of enforcement, actual                     www.regulations.gov and can be viewed                 separate temporary security zone rules
Lhorne on DSK5TPTVN1PROD with RULES




                                           notice will be used from September 18,                  by following that Web site’s                          for each escorted vessel.
                                           2015, until October 8, 2015.                            instructions. Additionally, if you go to
                                             Comments and related material must                    the online docket and sign up for email               D. Discussion of the Interim Rule
                                           be received by the Coast Guard on or                    alerts, you will be notified when                       This rule establishes a security zone
                                           before December 17, 2015. Requests for                  comments are posted or a final rule is                that prohibits persons and vessels from
                                           public meetings must be received by the                 published.                                            coming within 500 yards of all escorted


                                      VerDate Sep<11>2014   14:46 Oct 07, 2015   Jkt 238001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\08OCR1.SGM   08OCR1


                                           60804            Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations

                                           vessels within navigable waters, as                     2. Impact on Small Entities                           4. Federalism and Indian Tribal
                                           defined in 33 CFR 2.36, of the Captain                                                                        Governments
                                           of the Port Zone Los Angeles-Long                          The Regulatory Flexibility Act of 1980
                                                                                                   (RFA), 5 U.S.C. 601–612, as amended,                     A rule has implications for federalism
                                           Beach, CA, as described in 33 CFR 3.55–                                                                       under Executive Order 13132,
                                           10. Persons or vessels that receive                     requires Federal agencies to consider
                                                                                                                                                         Federalism, if it has a substantial direct
                                           permission to enter the security zone                   the potential impact of regulations on
                                                                                                                                                         effect on the States, on the relationship
                                           must proceed at a minimum safe speed,                   small entities during rulemaking. The
                                                                                                                                                         between the national government and
                                           at a safe distance from the escorted                    Coast Guard certifies under 5 U.S.C.
                                                                                                                                                         the States, or on the distribution of
                                           vessel as directed by the on scene Coast                605(b) that this rule will not have a
                                                                                                                                                         power and responsibilities among the
                                           Guard, State, or local law enforcement                  significant economic impact on a
                                                                                                                                                         various levels of government. We have
                                           agency, and must comply with all                        substantial number of small entities.                 analyzed this rule under that Order and
                                           orders issued by the COTP or a                          This rule may affect the following                    determined that this rule does not have
                                           designated representative. Outside of                   entities, some of which may be small                  implications for federalism.
                                           this arrangement, no vessel or person                   entities: The owners or operators of                     Also, this rule does not have tribal
                                           may enter within a 500-yard radius of                   vessels intending to transit in the                   implications under Executive Order
                                           an escorted vessel.                                     vicinity of escorted vessels. This rule               13175, Consultation and Coordination
                                              An escorted vessel is defined as a                   would not have a significant impact on                with Indian Tribal Governments,
                                           vessel, other than a large U.S. naval                   a substantial number of small entities                because it does not have a substantial
                                           vessel as defined in 33 CFR 165.2015,                   because the zones are limited in size, in             direct effect on one or more Indian
                                           that is accompanied by one or more                      most cases leaving ample space for                    tribes, on the relationship between the
                                           Coast Guard assets or other Federal,                    vessels to navigate around them. The                  Federal Government and Indian tribes,
                                           State or local law enforcement agency                   zones will not significantly impact                   or on the distribution of power and
                                           assets clearly identifiable by lights,                  commercial and passenger vessel traffic               responsibilities between the Federal
                                           vessel markings, or with agency insignia                patterns, and mariners will be notified               Government and Indian tribes.
                                           as listed below:                                        of the zones via Broadcast Notice to
                                                                                                   Mariners. Where such space is not                     5. Unfunded Mandates Reform Act
                                              (1) Coast Guard surface or air asset                                                                          The Unfunded Mandates Reform Act
                                                                                                   available and security conditions
                                           displaying the Coast Guard insignia.                                                                          of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                   permit, the Captain of the Port will
                                              (2) State and/or local law enforcement               attempt to provide flexibility for                    Federal agencies to assess the effects of
                                           asset displaying the applicable agency                  individual vessels to transit through the             their discretionary regulatory actions. In
                                           markings and/or equipment associated                    zones as needed.                                      particular, the Act addresses actions
                                           with the agency.                                                                                              that may result in the expenditure by a
                                                                                                      Under section 213(a) of the Small
                                              When escorted vessels are moored,                                                                          State, local, or tribal government, in the
                                                                                                   Business Regulatory Enforcement                       aggregate, or by the private sector of
                                           dayboards or other visual indications                   Fairness Act of 1996 (Pub. L. 104–121),
                                           such as lights or buoys may be used. In                                                                       $100,000,000 (adjusted for inflation) or
                                                                                                   we want to assist small entities in                   more in any one year. Though this rule
                                           all cases, broadcast notice to mariners                 understanding this rule. If the rule
                                           will be issued to advise mariners of                                                                          will not result in such an expenditure,
                                                                                                   would affect your small business,                     we do discuss the effects of this rule
                                           these restrictions.                                     organization, or governmental                         elsewhere in this preamble.
                                           E. Regulatory Analyses                                  jurisdiction and you have questions
                                                                                                   concerning its provisions or options for              6. Environment
                                             We developed this rule after                          compliance, please contact the person                    We have analyzed this rule under
                                           considering numerous statutes and                       listed in the FOR FURTHER INFORMATION                 Department of Homeland Security
                                           executive orders related to rulemaking.                 CONTACT, above.                                       Management Directive 023–01 and
                                           Below we summarize our analyses                                                                               Commandant Instruction M16475.lD,
                                           based on these statutes and executive                      Small businesses may send comments
                                                                                                   on the actions of Federal employees                   which guide the Coast Guard in
                                           orders.                                                                                                       complying with the National
                                                                                                   who enforce, or otherwise determine
                                           1. Regulatory Planning and Review                       compliance with, Federal regulations to               Environmental Policy Act of 1969
                                                                                                   the Small Business and Agriculture                    (NEPA) (42 U.S.C. 4321–4370f), and
                                              E.O.s 12866 and 13563 direct agencies                                                                      have determined that this action is one
                                           to assess the costs and benefits of                     Regulatory Enforcement Ombudsman
                                                                                                   and the Regional Small Business                       of a category of actions that do not
                                           available regulatory alternatives and, if                                                                     individually or cumulatively have a
                                           regulation is necessary, to select                      Regulatory Fairness Boards. The
                                                                                                   Ombudsman evaluates these actions                     significant effect on the human
                                           regulatory approaches that maximize                                                                           environment. This rule is categorically
                                           net benefits. E.O. 13563 emphasizes the                 annually and rates each agency’s
                                                                                                                                                         excluded from further review under
                                           importance of quantifying both costs                    responsiveness to small business. If you
                                                                                                                                                         paragraph 34(g) of Figure 2–1 of the
                                           and benefits, of reducing costs, of                     wish to comment on actions by
                                                                                                                                                         Commandant Instruction. An
                                           harmonizing rules, and of promoting                     employees of the Coast Guard, call 1–
                                                                                                                                                         environmental analysis checklist
                                           flexibility. This rule has not been                     888–REG–FAIR (1–888–734–3247). The
                                                                                                                                                         supporting this determination and a
                                           designated a ‘‘significant regulatory                   Coast Guard will not retaliate against
                                                                                                                                                         Categorical Exclusion Determination are
                                           action,’’ under E.O. 12866. Accordingly,                small entities that question or complain
                                                                                                                                                         available in the docket where indicated
                                           the rule has not been reviewed by the                   about this rule or any policy or action
                                                                                                                                                         under ADDRESSES. We seek any
                                           Office of Management and Budget. The                    of the Coast Guard.
                                                                                                                                                         comments or information that may lead
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                                           limited geographic area impacted by the                 3. Collection of Information                          to the discovery of a significant
                                           security zone will not restrict the                                                                           environmental impact from this rule.
                                           movement or routine operation of                          This rule will not call for a new
                                           commercial or recreational vessels                      collection of information under the                   7. Protest Activities
                                           through the Ports within the Captain of                 Paperwork Reduction Act of 1995 (44                      The Coast Guard respects the First
                                           the Port Zone Los Angeles-Long Beach.                   U.S.C. 3501–3520).                                    Amendment rights of protesters.


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                                                            Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations                                     60805

                                           Protesters are asked to contact the                     configurations may travel while in                    ENVIRONMENTAL PROTECTION
                                           person listed in the FOR FURTHER                        compliance with this definition, no                   AGENCY
                                           INFORMATION CONTACT section to                          specific speed is assigned to minimum
                                           coordinate protest activities so that your              safe speed. In no instance should                     40 CFR Part 52
                                           message can be received without                         minimum safe speed be interpreted as a                [EPA–R04–OAR–2015–0384; FRL–9935–22–
                                           jeopardizing the safety or security of                  speed less than that required for a                   Region 4]
                                           people, places or vessels.                              particular vessel to maintain
                                           List of Subjects in 33 CFR Part 165                     steerageway. A vessel is not proceeding               Approval and Promulgation of
                                                                                                   at minimum safe speed if it is:                       Implementation Plans; Kentucky: New
                                             Harbors, Marine safety, Navigation                                                                          Sources in or Impacting Nonattainment
                                                                                                      (1) On a plane;
                                           (water), Reporting and recordkeeping                                                                          Areas
                                           requirements, Security measures,                           (2) In the process of coming up onto
                                           Waterways.                                              or coming off a plane; or                             AGENCY:  Environmental Protection
                                             For the reasons discussed in the                         (3) Creating an excessive wake.                    Agency (EPA).
                                           preamble, the Coast Guard amends 33                                                                           ACTION: Final rule.
                                                                                                      (b) Regulated area. All navigable
                                           CFR part 165 as follows:                                waters, as defined in 33 CFR 2.36,                    SUMMARY:   The Environmental Protection
                                           PART 165—REGULATED NAVIGATION                           within the Captain of the Port Zone, Los              Agency (EPA) is taking final action to
                                           AREAS AND LIMITED ACCESS AREAS                          Angeles–Long Beach, California 33 CFR                 approve the Commonwealth of
                                                                                                   3.55–10.                                              Kentucky’s September 23, 2011, State
                                           ■ 1. The authority citation for part 165                   (c) Security zone. A 500-yard security             Implementation Plan (SIP) revision,
                                           continues to read as follows:                           zone is established around each                       submitted through the Kentucky
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             escorted vessel within the regulated area             Division for Air Quality (KY DAQ),
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               described in paragraph (b) of this                    which modifies the SIP by making
                                           Department of Homeland Security Delegation              section. This is a moving security zone               changes to Kentucky regulation,
                                           No. 0170.1.                                             when the escorted vessel is in transit                ‘‘Review of new sources in or impacting
                                           ■   2. Add § 165.11731 to read as follows:              and becomes a fixed zone when the                     upon nonattainment areas.’’ EPA has
                                                                                                   escorted vessel is anchored or moored.                determined that Kentucky’s requested
                                           § 165.11731 Security Zone: Escorted                     A security zone will not extend beyond                SIP revision meets the applicable
                                           Vessels, Los Angeles-Long Beach, CA,                    the boundary of the regulated area in                 provisions of the Clean Air Act (CAA or
                                           Captain of the Port Zone.                                                                                     Act) and EPA regulations regarding
                                                                                                   this section.
                                              (a) Definitions. The following                                                                             Nonattainment New Source Review
                                           definitions apply to this section:                         (d) Regulations. (1) The general
                                                                                                                                                         (NNSR) permitting.
                                              COTP means Captain of the Port Los                   regulations for security zones contained
                                                                                                   in § 165.33 apply to this section.                    DATES: This rule is effective November
                                           Angeles–Long Beach, CA (LALB).                                                                                9, 2015.
                                              Designated representatives means                        (2) A vessel may request the
                                                                                                                                                         ADDRESSES: EPA has established a
                                           Coast Guard Patrol Commanders                           permission of the COTP LALB or a
                                           including Coast Guard coxswains, petty                                                                        docket for this action under Docket
                                                                                                   designated representative to enter the
                                           officers and other officers operating                                                                         Identification No. EPA–R04–OAR–
                                                                                                   security zone described in paragraph (c)
                                           Coast Guard vessels, and Federal, State,                                                                      2015–0384. All documents in the docket
                                                                                                   of this section. If permitted to enter the
                                           and local officers designated by or                                                                           are listed on the www.regulations.gov
                                                                                                   security zone, a vessel must proceed at
                                           assisting the COTP, in the enforcement                                                                        Web site. Although listed in the index,
                                                                                                   the minimum safe speed and must
                                           of the security zone.                                                                                         some information is not publicly
                                                                                                   comply with the orders of the COTP or                 available, i.e., Confidential Business
                                              Escorted vessel means a vessel, other                a designated representative.
                                           than a large U.S. naval vessel as defined                                                                     Information or other information whose
                                                                                                      (e) Notice of security zone. The COTP              disclosure is restricted by statute.
                                           in § 165.2015, that is accompanied by
                                                                                                   will inform the public of the existence               Certain other material, such as
                                           one or more Coast Guard assets or other
                                                                                                   or status of the security zones around                copyrighted material, is not placed on
                                           Federal, State or local law enforcement
                                           agency assets clearly identifiable by                   escorted vessels in the regulated area by             the Internet and will be publicly
                                           lights, vessel markings, or with agency                 Broadcast Notice to Mariners. Coast                   available only in hard copy form.
                                           insignia as listed below:                               Guard assets or other Federal, State or               Publicly available docket materials are
                                              (1) Coast Guard surface or air asset                 local law enforcement agency assets will              available either electronically through
                                           displaying the Coast Guard insignia.                    be clearly identified by lights, vessel               www.regulations.gov or in hard copy at
                                              (2) State and/or local law enforcement               markings, or with agency insignia.                    the Air Regulatory Management Section,
                                           asset displaying the applicable agency                  When escorted vessels are moored,                     Air Planning and Implementation
                                           markings and/or equipment associated                    dayboards or other visual indications                 Branch, Air, Pesticides and Toxics
                                           with the agency.                                        such as lights or buoys may be used.                  Management Division, U.S.
                                              (3) When escorted vessels are moored,                   (f) Contact information. The COTP                  Environmental Protection Agency,
                                           dayboards or other visual indications                   LALB may be reached via phone at (310)                Region 4, 61 Forsyth Street SW.,
                                           such as lights or buoys may be used. In                 521–3801. Any on scene Coast Guard or                 Atlanta, Georgia 30303–8960. EPA
                                           all cases, broadcast notice to mariners                 designated representative assets may be               requests that if at all possible, you
                                           will be issued to advise mariners of                    reached via VHF–FM channel 16.                        contact the person listed in the FOR
                                           these restrictions.                                                                                           FURTHER INFORMATION CONTACT section to
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                                                                                                      Dated: September 15, 2015.                         schedule your inspection. The Regional
                                              Minimum safe speed means the speed
                                           at which a vessel proceeds when it is                   J. F. Williams,                                       Office’s official hours of business are
                                           fully off plane, completely settled in the              Captain, U.S. Coast Guard, Captain of the             Monday through Friday 8:30 a.m. to
                                           water and not creating excessive wake.                  Port Los Angeles—Long Beach.                          4:30 p.m., excluding Federal holidays.
                                           Due to the different speeds at which                    [FR Doc. 2015–25557 Filed 10–7–15; 8:45 am]           FOR FURTHER INFORMATION CONTACT: Zuri
                                           vessels of different sizes and                          BILLING CODE 9110–04–P                                Farngalo, Air Regulatory Management


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Document Created: 2015-12-15 08:42:38
Document Modified: 2015-12-15 08:42:38
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
ActionInterim rule and request for comments.
DatesThis rule is effective without actual notice from October 8, 2015. For the purposes of enforcement, actual notice will be used from September 18, 2015, until October 8, 2015.
ContactIf you have questions on this rule, call or email LT Jevon James, Waterways Management, U.S. Coast Guard; telephone (310)521-3860, email [email protected]
FR Citation80 FR 60803 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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