Rule2023-15535
Safety Zone; Port of Los Angeles, San Pedro Bay, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 21, 2023
Effective
July 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone around the M/V ZHEN HUA 23 while it transits through the Port of Los Angeles to Fenix Marine Services (FMS), Pier LA 302. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards associated with oversized cargo transfer operations of two quay cranes and equipment, which will 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.
Full Text
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<title>Federal Register, Volume 88 Issue 139 (Friday, July 21, 2023)</title>
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47022-47024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15535]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0528]
RIN 1625-AA00
Safety Zone; Port of Los Angeles, 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 23 while it transits through the Port of Los
Angeles to Fenix Marine Services (FMS), Pier LA 302. This safety zone
is necessary to protect personnel, vessels, and the marine environment
from potential hazards associated with oversized cargo transfer
operations of two quay cranes and equipment, which will 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.
DATES: This rule is effective from 7 a.m. July 20, 2023, to 12 p.m. on
July 22, 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-
2023-0528 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 email LCDR Kevin Kinsella, Waterways Management, U.S. Coast
Guard Sector Los Angeles-Long Beach; telephone (310) 357-1603, email
<a href="/cdn-cgi/l/email-protection#f7b3c6c6daa4bab5daa49294839885bbb6bbb5daa0a0bab782849490d99a9e9b"><span class="__cf_email__" data-cfemail="98dca9a9b5cbd5dab5cbfdfbecf7ead4d9d4dab5cfcfd5d8edebfbffb6f5f1f4">[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 23 less than 30 days in advance
and immediate action is needed to respond to the potential safety
hazards associated with the transfer of large cranes within the Port of
Los Angeles. It is impracticable to publish an NPRM because we must
establish this safety zone by July 20, 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 impracticable and 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
23 while conducting oversized cargo transfer operations at FMS, Pier LA
302, within the Port of Los Angeles.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Los Angeles-Long Beach has determined that potential
hazards
[[Page 47023]]
associated with the movement of ship to shore crane transfer operations
will be a safety concern for anyone within a 500-foot radius of the M/V
ZHEN HUA 23 during its transit to FMS, Pier LA 302, while the vessel is
within the Port of Los Angeles 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. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
vessel offloads quay cranes in the Port of Los Angeles.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. July 20, 2023 to 12
p.m. on July 22, 2023 during the transit of the M/V ZEN HUA 23 to
berth. While the M/V ZHEN HUA 23 is within the Port of Los Angeles 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, the safety zone will encompass the navigable
waters around and under the vessel, from 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. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the transfer operations are
active.
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 solely for its
transit to FMS, Pier LA 302, during the month of July 2023. This safety
zone impacts a 500-foot-radius area of the Port of Los Angeles 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 three-day period to account for uncertain transit delays of the M/V
ZHEN HUA 23, the safety zone will only be enforced for the duration of
the vessel's inbound transit to FMS, Pier LA 302. The transit is
expected to last less than 5 hours, 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, 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, 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.
[[Page 47024]]
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 a
safety zone encompassing an area extending 500-feet out from a cargo
vessel in vicinity of Fenix Marine Services and will last only for the
inbound transit. It is categorically excluded from further review under
paragraph L60 (a) 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.T11-128 to read as follows:
Sec. 165.T11-128 Safety Zone; Port of Los Angeles, San Pedro Bay, CA.
(a) Location. The following area is a safety zone: all navigable
waters of the port of Los Angeles, from surface to bottom, within a
circle formed by connecting all points 500-feet out from the vessel, M/
V ZHEN HUA 23, during the vessel's transit within the Port of Los
Angeles 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.
(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 7 a.m. July 20, 2023, to 12 p.m. July 22, 2023, only during the M/
V ZHEN HUA 23's inbound transit to Fenix Marine Services, Pier LA 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: July 12, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-15535 Filed 7-20-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.