Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor; Pacific Ocean, California, 17687-17689 [2015-07595]
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
Environmental Policy Act of 1969
(NEPA) (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.
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:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 1.16 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add 165.T11–688 to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 165.T11–688 Safety Zone: Marina del Rey
Fireworks Show, Santa Monica Bay; Marina
del Rey, California.
(a) Location. The limits of the safety
zone are as follows: encompassing all
navigable waters from the surface to the
sea floor within a 400 foot radius
around the fireworks launch site on the
south jetty in approximate position 33–
57.742N 118–27.380W.
(b) Enforcement Period. This section
will be enforced on April 10, 2015. The
temporary safety zone will be enforced
from 8:00 p.m. to 10:00 p.m. General
boating public will be notified prior to
the enforcement of the temporary safety
zone via Broadcast Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, vessels are prohibited from
entering into, transiting through, or
anchoring within the designated area
unless authorized by the Captain of the
Port or her designated representative.
Sector Los Angeles—Long Beach may be
contacted on VHF–FM Channel 16 or
310–521–3801.
Jkt 235001
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final 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 as it would be
impracticable due to the short notice of
the event and the limited duration this
rule will be enforced.
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 due to the short notice of the
event and the limited duration this rule
will be enforced.
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0163]
RIN 1625–AA00
Safety Zone: Tesoro Terminal Protest:
Port of Long Beach Harbor; Pacific
Ocean, California
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone in
the Pacific Ocean to encompass waters
within the Port of Long Beach. The
safety zone will be established as a
result of specific waterside protest at
Tesoro Terminals and in support of the
safe navigation of all waterway users.
Entry into the zone will be 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 April 2, 2015 until
April 30, 2015. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
March 13, 2015, until April 2, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0163]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LTJG Jevon James,
Waterways Management, U.S. Coast
Guard Sector Los Angeles—Long Beach;
telephone (310) 521–3860, email
Jevon.L.James2@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
ACTION:
■
16:10 Apr 01, 2015
[FR Doc. 2015–07594 Filed 4–1–15; 8:45 am]
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
Dated: March 19, 2015.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
17687
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
B. Basis and Purpose
The legal basis for this rulemaking
can be found in 33 CFR 1.05–1 which
authorizes the Coast Guard to establish
and define safety zones. With recent
local labor disputes, protestors have
targeted Tesoro Terminals within the
Ports of Los Angeles—Long Beach. The
Coast Guard anticipates water based
demonstrations which may impede the
safe navigation of vessels coming to and
leaving Tesoro Terminals, as well as the
demonstrators themselves. Thus, the
Coast Guard is establishing a temporary
safety zone on all navigable waters of
the Pacific Ocean, from the surface to
the sea floor, 100 yards in all direction
of the following berths in the Port of
Long Beach: Pier B 76–77, Pier B 84–87,
and Pier T 121.
C. Discussion of the Final Rule
The U.S. Coast Guard is establishing
a temporary safety zone encompassing
all navigable waters from the surface to
the sea floor, 100 yards in all direction
of the following berths in the Port of
Long Beach: Pier B 76–77, Pier B 84–87,
and Pier T 121. The temporary safety
zone will be enforced throughout each
day. During the enforcement period,
vessels are prohibited from entering
E:\FR\FM\02APR1.SGM
02APR1
17688
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
into, transiting through, or anchoring
within the designated area unless
authorized by the Captain of the Port or
her designated representative. Sector
Los Angeles—Long Beach may be
contacted on VHF–FM Channel 16 or
310–521–3801. General boating public
will be notified prior to the enforcement
of the temporary safety zone via
Broadcast Notice to Mariners.
substantial number of small entities for
the following reasons: (i) Vessel traffic
can pass safely around the area, (ii) this
zone is limited in scope and duration,
(iii) the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 prior to and
while the safety zone is enforced.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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, above.
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.
tkelley on DSK3SPTVN1PROD with RULES
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
The implementation of this temporary
safety zone is necessary for the
protection of all waterway users. The
size of the zone is the minimum
necessary to provide adequate
protection for the waterways users,
adjoining areas, and the public. Any
hardships experienced by persons or
vessels are considered minimal
compared to the interest in protecting
the public. Accordingly, full regulatory
evaluation under paragraph 10(e) of the
regulatory policies and procedures of
the DHS is unnecessary.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor
within the designated area during the
designated enforcement times. This
temporary safety zone will not have a
significant economic impact on a
VerDate Sep<11>2014
16:10 Apr 01, 2015
Jkt 235001
3. Assistance for Small Entities
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
jeopardizing the safety or security of
people, places or vessels.
7. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference With Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
E:\FR\FM\02APR1.SGM
02APR1
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
14. 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
(NEPA) (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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 1.16 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–687 to read as
follows:
■
§ 165.T11–687 Safety Zone: Tesoro
Terminal Protest: Port of Long Beach
Harbor; Pacific Ocean, California
tkelley on DSK3SPTVN1PROD with RULES
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0689; FRL–9925–53–
Region 4]
Approval and Promulgation of
Implementation Plans; Alabama;
Infrastructure Requirements for the
2008 8-Hour Ozone National Ambient
Air Quality Standards
The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part,
the August 20, 2012, State
Implementation Plan (SIP) submission,
provided by the Alabama Department of
Environmental Management (ADEM) for
inclusion into the Alabama SIP. This
final rulemaking pertains to the Clean
Air Act (CAA or the Act) infrastructure
requirements for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP submission. ADEM
certified that the Alabama SIP contains
provisions that ensure the 2008 8-hour
ozone NAAQS is implemented,
enforced, and maintained in Alabama.
With the exception of provisions
pertaining to prevention of significant
deterioration (PSD) permitting,
interstate transport, and visibility
protection requirements for which EPA
is taking no action in this rulemaking,
and provisions respecting state boards
for which EPA is taking action to
disapprove, EPA is taking final action to
approve Alabama’s infrastructure SIP
submission provided to EPA on August
20, 2012, as satisfying the required
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
(a) Location. The limits of the safety
zone are as follows: Encompassing all
navigable waters of Captain of the Port
Zone LA–LB from the surface to the sea
floor, within 100 yards in all direction
of the following berths in the Port of
Long Beach: Pier B 76–77, Pier B 84–87,
and Pier T 121.
(b) Enforcement Period. This section
will be enforced throughout the entirety
of each day from March 13–April 30,
2015. The general boating public will be
notified prior to the enforcement of the
temporary safety zone via Broadcast
Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
Jkt 235001
[FR Doc. 2015–07595 Filed 4–1–15; 8:45 am]
Environmental Protection
Agency.
ACTION: Final rule.
■
18:01 Apr 01, 2015
Dated: March 13, 2015.
J.F. Williams,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
this part, vessels are prohibited from
entering into, transiting through, or
anchoring within the designated area
unless authorized by the Captain of the
Port or her designated representative.
Sector Los Angeles—Long Beach may be
contacted on VHF–FM Channel 16 or
310–521–3801.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
17689
infrastructure elements for the 2008 8hour ozone NAAQS.
DATES: This rule will be effective May 4,
2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0689. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
maintenance, and enforcement of a new
or revised NAAQS within three years
following the promulgation of such
NAAQS, or within such shorter period
as EPA may prescribe. These SIP
submissions are commonly referred to
E:\FR\FM\02APR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17687-17689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07595]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0163]
RIN 1625-AA00
Safety Zone: Tesoro Terminal Protest: Port of Long Beach Harbor;
Pacific Ocean, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Pacific Ocean to encompass waters within the Port of Long Beach. The
safety zone will be established as a result of specific waterside
protest at Tesoro Terminals and in support of the safe navigation of
all waterway users. Entry into the zone will be 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 April 2, 2015
until April 30, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, March 13, 2015, until
April 2, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0163]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LTJG Jevon James, Waterways Management,
U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521-
3860, email Jevon.L.James2@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 as it would be impracticable due to the short
notice of the event and the limited duration this rule will be
enforced.
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 due to the short notice of the
event and the limited duration this rule will be enforced.
B. Basis and Purpose
The legal basis for this rulemaking can be found in 33 CFR 1.05-1
which authorizes the Coast Guard to establish and define safety zones.
With recent local labor disputes, protestors have targeted Tesoro
Terminals within the Ports of Los Angeles--Long Beach. The Coast Guard
anticipates water based demonstrations which may impede the safe
navigation of vessels coming to and leaving Tesoro Terminals, as well
as the demonstrators themselves. Thus, the Coast Guard is establishing
a temporary safety zone on all navigable waters of the Pacific Ocean,
from the surface to the sea floor, 100 yards in all direction of the
following berths in the Port of Long Beach: Pier B 76-77, Pier B 84-87,
and Pier T 121.
C. Discussion of the Final Rule
The U.S. Coast Guard is establishing a temporary safety zone
encompassing all navigable waters from the surface to the sea floor,
100 yards in all direction of the following berths in the Port of Long
Beach: Pier B 76-77, Pier B 84-87, and Pier T 121. The temporary safety
zone will be enforced throughout each day. During the enforcement
period, vessels are prohibited from entering
[[Page 17688]]
into, transiting through, or anchoring within the designated area
unless authorized by the Captain of the Port or her designated
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801. General boating public will be notified
prior to the enforcement of the temporary safety zone via Broadcast
Notice to Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
The implementation of this temporary safety zone is necessary for
the protection of all waterway users. The size of the zone is the
minimum necessary to provide adequate protection for the waterways
users, adjoining areas, and the public. Any hardships experienced by
persons or vessels are considered minimal compared to the interest in
protecting the public. Accordingly, full regulatory evaluation under
paragraph 10(e) of the regulatory policies and procedures of the DHS is
unnecessary.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor within the designated area during the designated enforcement
times. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) Vessel traffic can pass safely around the area, (ii) this
zone is limited in scope and duration, (iii) the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 prior to and
while the safety zone is enforced.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 17689]]
14. 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 (NEPA) (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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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; 46 U.S.C. Chapter 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 1.16
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-687 to read as follows:
Sec. 165.T11-687 Safety Zone: Tesoro Terminal Protest: Port of Long
Beach Harbor; Pacific Ocean, California
(a) Location. The limits of the safety zone are as follows:
Encompassing all navigable waters of Captain of the Port Zone LA-LB
from the surface to the sea floor, within 100 yards in all direction of
the following berths in the Port of Long Beach: Pier B 76-77, Pier B
84-87, and Pier T 121.
(b) Enforcement Period. This section will be enforced throughout
the entirety of each day from March 13-April 30, 2015. The general
boating public will be notified prior to the enforcement of the
temporary safety zone via Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, vessels are prohibited from entering into,
transiting through, or anchoring within the designated area unless
authorized by the Captain of the Port or her designated representative.
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or
310-521-3801.
Dated: March 13, 2015.
J.F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-07595 Filed 4-1-15; 8:45 am]
BILLING CODE 9110-04-P
