Rule2023-09120
Safety Zone; Port of Los Angeles and Port of Long Beach, San Pedro Bay, CA
Primary source
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Published
April 28, 2023
Effective
April 26, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone around the M/V ZHEN HUA 26 while it transits from the Port of Long Beach, CA, from Long Beach Container Terminal (LBCT), LB Berth E22, to inner anchorage, and then to Fenix Marine Services (FMS), LA Berth 302. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards associated with oversized cargo of ship-to-shore gantry cranes which extend more than 200 feet out from the transiting vessel. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Los Angeles--Long Beach, or their designated representative. The Coast Guard recently issued a safety zone for the transit of the M/V ZHEN HUA 26, but additional time is needed to complete the cargo delivery.
Full Text
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<title>Federal Register, Volume 88 Issue 82 (Friday, April 28, 2023)</title>
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[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26228-26230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09120]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0258]
RIN 1625-AA00
Safety Zone; Port of Los Angeles and Port of Long Beach, San
Pedro Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the M/V ZHEN HUA 26 while it transits from the Port of Long
Beach, CA, from Long Beach Container Terminal (LBCT), LB Berth E22, to
inner anchorage, and then to Fenix Marine Services (FMS), LA Berth 302.
This safety zone is necessary to protect personnel, vessels, and the
marine environment from potential hazards associated with oversized
cargo of ship-to-shore gantry cranes which extend more than 200 feet
out from the transiting vessel. Entry of persons or vessels into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port (COTP) Los Angeles--Long Beach, or their designated
representative. The Coast Guard recently issued a safety zone for the
transit of the M/V ZHEN HUA 26, but additional time is needed to
complete the cargo delivery.
DATES: This rule is effective April 26, 2023, though May 2, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0258 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or LCDR Maria Wiener, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone (310) 357-1603, email <a href="/cdn-cgi/l/email-protection#c387f2f2ee908e81ee90a6a0b7acb18f828f81ee94948e83b6b0a0a4edaeaaaf"><span class="__cf_email__" data-cfemail="256114140876686708764046514a57696469670872726865505646420b484c49">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 because The COTP was notified of the
impending arrival of the M/V ZHEN HUA 26 less than 30 days in advance
and immediate action is needed to respond to the potential safety
hazards associated with the transfer of large gantry cranes within the
Ports of Los Angeles and Long Beach. The vessel recently updated their
timeline and timeframe for the crane delivery to FMS after we issued
the first safety zone. This safety zone needs to be extended to protect
personnel, vessels, and the marine environment from potential hazards
associated with oversized cargo of ship-to-shore gantry cranes, which
will extend more than
[[Page 26229]]
200 feet out from the transiting vessel. It is impracticable to publish
an NPRM because we must establish this safety zone by April 26, 2023.
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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to ensure the safety of persons, vessels, and the
marine environment in the vicinity of the M/V ZHEN HUA 26 while
conducting oversized cargo transfer operations at LBCT, LB Berth E22,
to inner anchorage, and FMS, LA Berth 302, within the Port of Los
Angeles--Long Beach, CA.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 and 70011(b)(3). The COTP Los Angeles--Long Beach has determined
that potential hazards associated with the movement of large-scale
gantry crane transfer operations will be a safety concern for anyone
within a 500-foot radius of the M/V ZHEN HUA 26 during its transit from
LBCT, LB Berth E22, while at inner anchorage, and during the vessel's
transit from inner anchorage to FMS, LA Berth 302. This hazard will
exist while the vessel is within the Los Angeles--Long Beach port
complex and the waters inside the Federal breakwaters bounding San
Pedro Bay or on the waters within three nautical miles seaward of the
Federal breakwaters, respectively.
IV. Discussion of the Rule
This rule establishes a safety zone from April 26, 2023, through
May 2, 2023, during the transit of the M/V ZHEN HUA 26 and while the
vessel is at inner anchorage within the Los Angeles--Long Beach port
complex. While the M/V ZHEN HUA 26 is within the waters inside the
Federal breakwaters bounding San Pedro Bay or on the waters within
three nautical miles seaward of the Federal breakwaters, respectively,
the safety zone will encompass the navigable waters around and under
the vessel, form surface to bottom, within a circle formed by
connecting all points 500-feet out from the vessel. The safety zone is
needed to protect personnel, mariners, and vessels from hazards
associated with ship-to shore gantry crane arms which will extend more
than 200 feet out from the transiting vessel.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or (310) 521-3801. The marine public will be notified of
the safety zone via Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This rule
impacts an area of 500-feet surrounding a cargo vessel while at LBCT,
LB Berth E22, and FMS, LA Berth 302, during the months of April and May
2023. This safety zone impacts a 500-foot-radius area of the Port of
Los Angeles--Long Beach and the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within three nautical miles
seaward of the Federal breakwaters, respectively for a limited
duration. While the safety zone encompasses a seven-day period to
account for uncertain transit delays of the M/V ZHEN HUA 26, the safety
zone will only be enforced for the duration of the vessel's transit
from LBCT, LB Berth E22, to inner anchorage, while at inner anchorage,
and transit to FMS, LA Berth 302, and that period will be announced via
Broadcast Notice to Mariners. Vessel traffic will be able to safely
transit around this safety zone, which will impact a small, designated
area of the San Pedro Bay, Long Beach and Los Angeles, CA.
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
call or email 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 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments,
[[Page 26230]]
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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves This
rule involves a safety zone encompassing an area extending 500-feet out
from a cargo vessel in vicinity of Long Beach Container Terminal and
Fenix Marine Services and will last only while transfer operations are
ongoing. It is categorically excluded from further review under
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-123 to read as follows:
Sec. 165.T11-123 Safety Zone; Port of Los Angeles and Port of Long
Beach, San Pedro Bay, CA.
(a) Location. The following area is a safety zone: all navigable
waters of the Port of Los Angeles and the Port of Long Beach, from
surface to bottom, within a circle formed by connecting all points 500-
feet out from the vessel, M/V ZHEN HUA 26, during the vessel's transit
inside the Federal breakwaters bounding San Pedro Bay or on the waters
within three nautical miles seaward of the Federal breakwaters,
respectively.
(b) Definitions. As used in this section, designated representative
means a Coast Guard coxswain, petty officer, or other officer operating
a Coast Guard vessel designated by or assisting the Captain of the Port
Los Angeles--Long Beach (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by hailing Coast Guard Sector Los Angeles--Long Beach on
VHF-FM Channel 16 or calling 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 temporary safety zone will be enforced
from April 26, 2023, through May 2, 2023, during the M/V ZHEN HUA 26's
transit between Long Beach Container Terminal, LB Berth E22, to inner
anchorage, while at inner anchorage and then to Fenix Marine Services,
LA Berth 302, or as announced via Broadcast Notice to Mariners.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone via Local Notices to Mariners.
Dated: April 24, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2023-09120 Filed 4-26-23; 4:15 pm]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 28, 2023.
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