
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15998-16000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06324]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0237]
RIN 1625-AA00


Safety Zone; Long Beach Container Terminal Crane Transit; Long 
Beach, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is establishing a temporary moving safety 
zone in the Port of Long Beach around the M/V ZHEN HUA 28. This 
temporary safety zone is necessary to provide for the safety of the 
waterway users and the M/V ZHEN HUA 28 during the vessel's transit into 
the Port Long Beach, its stay at Long Beach Container Terminal (LBCT), 
and its outbound transit departing LBCT. Entry of persons or vessels 
into this temporary safety zone is 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 March 31, 
2017, to 11:00 p.m. on April 14, 2017. For purposes of enforcement, 
actual notice will be used from 12 a.m. on March 25, 2017, through 
March 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0237 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BMC James Morgia, Waterways Management, U.S. Coast Guard 
Sector Los Angeles-Long Beach; telephone (310) 521-3860, email 
James.M.Morgia@uscg.mil.

[[Page 15999]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Publishing an NPRM would be impracticable in 
this case due to having received initial notice of the event on March 
13, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the reasons stated 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP), Los Angeles-Long Beach has 
determined that potential hazards associated with navigation safety 
that arise because of the potentially hazardous condition of the cranes 
onboard the M/V ZHEN HUA 28 and the vessel's limited ability to 
maneuver. This temporary safety zone is necessary to ensure the safety 
of, and reduce the risk to, the public, and mariners, in the Port of 
Long Beach.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:00 a.m. on 
March 25, 2017, to 11:00 p.m. on April 14, 2017, encompassing all 
navigable waters from the surface to the sea floor within 200 yards of 
the M/V ZHEN HUA 28 while the vessel is underway and 100 yards while 
moored or at anchor, while cranes remain onboard the vessel. This 
temporary moving safety zone will only be enforced during the vessel's 
transit from the Long Beach Pilot Operating Area outside of the federal 
breakwater into port to LBCT, while at anchor or at berth while cranes 
remain onboard the vessel, and the vessel's outbound transit departing 
LBCT to the Long Beach Pilot Operating Area.
    No vessel or person is permitted to operate in the safety zone 
without obtaining permission from the Captain of the Port (COTP) or the 
COTP's designated representative. Sector Los Angeles-Long Beach may be 
contacted on VHF-FM Channel 16 or 310-521-3801. The general boating 
public will be notified prior to the enforcement of the temporary 
moving safety zone via Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. 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, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. The zone will be in place 
during the scheduled vessel transit to LBCT, while at berth offloading 
cranes, and during the scheduled vessel departure from LBCT. Any 
hardships experienced by persons or vessels are considered minimal 
compared to the interest in protecting the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want 
to assist small entities in understanding this rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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

[[Page 16000]]

distribution of power and responsibilities between the Federal 
Government and Indian tribes. If you believe this rule has implications 
for federalism or Indian tribes, please contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is 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.

G. 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.

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.T11-844 to read as follows:


Sec.  165.T11-844  Safety Zone; Long Beach Container Terminal Crane 
Transit; Long Beach, California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor within a 200 yard radius of 
the M/V ZHEN HUA 28 while transiting and 100 yard radius while moored 
or at anchor. This temporary moving safety zone will only be enforced 
during the vessel's transit from the Long Beach Pilot Operating Area 
outside of the federal breakwater into port to LBCT, while at anchor or 
at berth while cranes remain onboard the vessel, and the vessel's 
outbound transit departing LBCT to the Long Beach Pilot Operating Area.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Los Angeles-Long 
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los 
Angeles-Long Beach on VHF-FM Channel 16 or call at (310) 521-3801. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is effective beginning at 
12:00 a.m. on March 25, 2017, to 11:00 p.m. on April 14, 2017. This 
rule will be enforced during the vessel's transit from the Long Beach 
Pilot Operating Area outside of the federal breakwater into port to 
LBCT, while at anchor or at berth while cranes remain onboard the 
vessel and the vessel's transit departing LBCT to the Long Beach Pilot 
Operating Area. The general boating public will be notified prior to 
the enforcement of the temporary moving safety zone via Broadcast 
Notice to Mariners.

M.L. Rochester,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long 
Beach.
[FR Doc. 2017-06324 Filed 3-30-17; 8:45 am]
BILLING CODE 9110-04-P


