[Federal Register: October 24, 2001 (Volume 66, Number 206)]

[Rules and Regulations]               

[Page 53713-53716]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24oc01-4]                         



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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]

BILLING CODE 4910-15-U