[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Rules and Regulations]
[Pages 53713-53716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26816]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 01-008]
RIN 2115-AA97
Security Zones; Los Angeles Harbor, Los Angeles, CA and Avila
Beach, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary security
zones--one in the waters surrounding the Coast Guard Base-ISC San Pedro
at Reservation Point in the Los Angeles Harbor, the second one in the
waters surrounding the Los Angeles Cruise Ship Terminal in the Los
Angeles Harbor and the third zone is in the waters adjacent to the
Diablo Canyon Nuclear Power Plant in Avila Beach, CA. These actions are
necessary to ensure public safety and prevent sabotage or terrorist
acts against the public and commercial structures and individuals near
or in these structures. These security zones will prohibit all persons
and vessels from entering,
[[Page 53714]]
transiting through or anchoring within the security zones unless
authorized by the Captain of the Port (COTP), or his designated
representative.
DATES: This rule is effective from 4 p.m. (PDT) on September 28, 2001
to 3:59 p.m. (PDT) March 29, 2002.
ADDRESSES: Any comments and material received from the public, as well
as documents indicated in this preamble as being available in the
docket, are part of docket COTP Los Angeles-Long Beach 01-008, and are
available for inspection or copying at U.S. Coast Guard Marine Safety
Office/Group Los Angeles-Long Beach, 1001 S. Seaside Avenue, Bldg 20,
San Pedro, California, 90731, between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 George Kirk, Waterways Management
Division, Marine Safety Office/Group Los Angeles-Long Beach, at (310)
732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. In keeping with the requirements of 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists for not publishing an NPRM. In
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard
also finds that good cause exists for making this regulation effective
less than 30 days after publication in the Federal Register.
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, Massachusetts and flown into the World Trade
Center in New York, New York inflicting catastrophic human casualties
and property damage. A similar attack was conducted on the Pentagon in
Arlington, Virginia on the same day. National security officials warn
that future terrorist attacks against civilian targets may be
anticipated. A heightened level of security has been established
concerning all vessels transiting in the Los Angeles Harbor and Diablo
Canyon Nuclear Power Plant areas. These security zones are needed to
protect the United States and more specifically the people, ports,
waterways, and properties of the Los Angeles Harbor and Diablo Canyon
Nuclear Power Plant areas.
The delay inherent in the NPRM process, and any delay in the
effective date of this rule, is contrary to the public interest insofar
as it may render individuals and facilities within and adjacent to the
Coast Guard Base-ISC San Pedro, Los Angeles Cruise Ship Terminal and
the Diablo Canyon Nuclear Power Plant vulnerable to subversive
activity, sabotage or terrorist attack. The measures contemplated by
the rule are intended to prevent future terrorist attacks against
individuals and facilities within or adjacent to these Los Angeles
Harbor and Diablo Canyon Nuclear Power Plant area facilities. Immediate
action is required to accomplish these objectives. Any delay in the
effective date of this rule is impracticable and contrary to the public
interest.
Background and Purpose
On September 11, 2001, terrorists launched attacks on civilian and
military targets within the United States killing large numbers of
people and damaging properties of national significance. Vessels
operating near these installations within Los Angeles Harbor and the
Diablo Canyon Nuclear Power Plant present possible platforms from which
individuals may gain unauthorized access to these installations, or
launch terrorist attacks upon the waterfront structures and adjacent
population centers.
As part of the Diplomatic Security and Antiterrorism Act of 1986
(Pub. L. 99-399), Congress amended The Ports and Waterways Safety Act
(PWSA) to allow the Coast Guard to take actions, including the
establishment of security and safety zones, to prevent or respond to
acts of terrorism against individuals, vessels, or public or commercial
structures. 33 U.S.C. 1226. The terrorist acts against the United
States on September 11, 2001 have increased the need for safety and
security measures on U.S. ports and waterways. In response to these
terrorist acts, and in order to prevent similar occurrences, the Coast
Guard is establishing three temporary security zones in the navigable
waters of the United States within Los Angeles Harbor and the navigable
waters of the United States adjacent to the Diablo Canyon Nuclear Power
Plant.
These temporary security zones are necessary to provide for the
safety and security of the United States of America and the people,
ports, waterways and properties within the Los Angeles Harbor and
Diablo Canyon Nuclear Power Plant area. These temporary security zones,
prohibiting all vessel traffic from entering, transiting or anchoring
within the above described areas, are necessary for the security and
protection of the Coast Guard Base-ISC San Pedro, the Los Angeles
Cruise Ship Terminal and any vessels moored there, as well as the
Diablo Canyon Nuclear Power Plant. These zones will be enforced by
Coast Guard patrol craft or any patrol craft enlisted by the COTP.
Persons and vessels are prohibited from entering into these security
zones unless authorized by the Captain of the Port or his designated
representative. Each person and vessel in a security zone shall obey
any direction or order of the COTP. The COTP may remove any person,
vessel, article, or thing from a security zone. No person may board, or
take or place any article or thing on board, any vessel in a security
zone without the permission of the COTP.
Any violation of either security zone described herein, is
punishable by, among other things, civil penalties (not to exceed
$25,000 per violation, where each day of a continuing violation is a
separate violation), criminal penalties (imprisonment for not more than
12 years and a fine of not more than $250,000), in rem liability
against the offending vessel, and license sanctions.
Regulatory Evaluation
This temporary final rule is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
significant under the regulatory policies and procedures of the
Department of Transportation (DOT) (44 FR 11040, February 26, 1979).
Due to the recent terrorist actions against the United States the
implementation of this security zone is necessary for the protection of
the United States and its people. Because these security zones are
established in an area of the Los Angeles Harbor that is seldom used by
non-Coast Guard vessels and non-cruise ships; and in an area near the
Diablo Canyon Nuclear Power Plant that is seldom used, the Coast Guard
expects the economic impact of this rule to so minimal that full
regulatory evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations less than
50,000.
[[Page 53715]]
These security zones will not have a significant impact on a
substantial number of small entities because these security zones are
only closing small portions of the navigable waters of the Los Angeles
Main Channel. Vessels may still continue to transit other portions of
the Los Angeles Main Channel. The portion of the security zone that
affects the Diablo Canyon Nuclear Power Plant will also have an
insignificant impact on small entities, because the area is
infrequently transited. In addition, there are no small entities
shoreward of any of these security zones, and no vessels other than
Coast Guard vessels and/or cruise ships would normally transit these
zones. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this temporary final rule will not have a significant economic impact
on a substantial number of small entities.
Assistance for Small Entities
In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
offers to assist small entities in understanding the rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact BM1 George Kirk, Waterways
Management Division, Marine Safety Office/Group Los Angeles-Long Beach,
at (310) 732-2020.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule and have
determined that this rule does not have implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34), of Commandant
Instruction M16475.lD, this rule, which establishes three security
zones, is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
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
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(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add new Sec. 165.T11-055 to read as follows:
Sec. 165.T11-055 Security Zones: Waters surrounding Coast Guard Base-
ISC San Pedro, Reservation Point; Los Angeles Cruise Ship Terminal, Los
Angeles Harbor; and Diablo Canyon Nuclear Power Plant, Avila Beach, CA.
(a) Location. (1) Coast Guard Base-ISC San Pedro. This security
zone encompasses all waters of Los Angeles Harbor Main Channel within
100 yards of the western shore of Reservation Point including the small
boat basin.
(2) Los Angeles Cruise Ship Terminal. This security zone
encompasses all waters of Los Angeles Harbor Main Channel within 100
yards of the cruise ship terminal, including the entire basin at berth
93 to a point 100 yards east of the south end of berth 94.
(3) Diablo Canyon Nuclear Power Plant. This security zone
encompasses waters within a one-nautical-mile radius of Diablo Canyon
Nuclear Power Plant that is centered at the following coordinate:
latitude 35 deg.12'30" N, longitude 120 deg.51'30" W.
(b) Effective dates. These security zones will be in effect from 4
p.m. (PDT) on September 28, 2001 to 3:59 p.m.
[[Page 53716]]
(PST) on March 29, 2002. If the need for these security zones ends
before the scheduled termination time and date, the Captain of the Port
will cease enforcement of the security zones and will also announce
that fact via Broadcast Notice to Mariners and Local Notice to
Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, no person or vessel may enter or remain in
the security zone established by this temporary section, unless
authorized by the Captain of the Port, or his designated
representative. All other general regulations of Sec. 165.33 of this
part apply in the security zones established by this temporary section.
Mariners requesting permission to transit through the security zones
must request authorization to do so from the Captain of the Port, who
may be contacted through Coast Guard Group Los Angeles--Long Beach on
VHF-FM Channel 16.
Dated: October 2, 2001.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 01-26816 Filed 10-23-01; 8:45 am]
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