Safety Zone; Port of Los Angeles, San Pedro Bay, CA, 47022-47024 [2023-15535]
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47022
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Rules and Regulations
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
1. The authority citation for part 165
continues to read as follows:
(d) Enforcement period and
informational broadcasts. This section
is subject to enforcement from July 21,
2023, through August 15, 2023. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone and all dates
and times of enforcement, as well as
reductions in size or scope of the safety
zone through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine
Information Broadcast (SMIB) as
appropriate. The COTP or a designated
representative will inform the public
through those same means of the
termination of enforcement if
enforcement of the zone is no longer
required prior to the rule’s termination.
Dated: July 18, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2023–15559 Filed 7–20–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
■
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.
ddrumheller on DSK120RN23PROD with RULES1
§ 165.T08–0257 Safety Zone; Upper
Mississippi River, Mile Markers 660.5–659.5,
Lansing, IA.
(a) Location. The following area is a
safety zone: all navigable waters within
Upper Mississippi River, Mile Markers
660.5–659.5, Lansing, IA.
(b) Definitions. As used in this
section, designated representative
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
(USCG) assigned to units under the
operational control of USCG Sector
Upper Mississippi River.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section is prohibited unless
authorized by the COTP or a designated
representative.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
18:12 Jul 20, 2023
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33 CFR Part 165
[Docket Number USCG–2023–0528]
RIN 1625–AA00
2. Add § 165.T08–0257 to read as
follows:
■
VerDate Sep<11>2014
Coast Guard
Safety Zone; Port of Los Angeles, San
Pedro Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
ADDRESSES:
PO 00000
Frm 00070
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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 D11-SMBSectorLALB-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
18:12 Jul 20, 2023
Jkt 259001
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
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47023
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.
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21JYR1
47024
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Rules and Regulations
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
1. The authority citation for part 165
continues to read as follows:
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
■
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.
39 CFR Part 233
Circulars and Rewards
2. Add § 165.T11–128 to read as
follows:
AGENCY:
§ 165.T11–128 Safety Zone; Port of Los
Angeles, San Pedro Bay, CA.
SUMMARY:
■
ddrumheller on DSK120RN23PROD with RULES1
POSTAL SERVICE
Postal ServiceTM.
ACTION: Final rule.
(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
VerDate Sep<11>2014
18:12 Jul 20, 2023
Jkt 259001
The Postal Inspection Service
has the authority to issue monetary
rewards for certain types of offenses
against the United States Code. Changes
in the relevant regulation will be made
to reflect an increase in monetary
reward amounts and a reclassification of
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the types of offenses for which rewards
can be issued.
DATES: Effective August 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Louis DiRienzo, Chief Counsel, U.S.
Postal Inspection Service at 202 268–
2705 or ljdirienzo@uspis.gov.
SUPPLEMENTARY INFORMATION: 39 CFR
233.2 gives Postal Inspection Service the
authority to issue monetary rewards for
certain types of offenses against the
United States Code. 39 CFR 233.2 will
be changed to reflect an increase in
monetary reward amounts and a
reclassification of the types of offenses
for which rewards can be issued.
Specifically, the rule change will
reclassify offenses by categories which
were previously classified by monetary
amount. Reward amounts for the
recategorized offenses will be increased
to reflect current valuations and severity
of such offenses.
These changes will be mirrored in the
publication of the Postal Service’s
Poster 296, embedded in the footnote of
39 CFR 233.2, which in turn, will
facilitate a better understanding of the
Postal Service’s reward system to the
general public. Such changes will
further enhance any investigation of the
listed offenses and provide a deterrent
incentive to the commission of crimes
against the Postal Service. Additionally,
the new rule adds a reward for mail
fraud offenses. These changes will give
the Chief Postal Inspector the discretion
to authorize rewards exceeding Poster
296 amounts, and to offer rewards for
other offenses not specifically listed in
Poster 296.
The Postal Service is publishing a
final rule to update Postal Service
regulations regarding the 39 CFR part
233.2, Circulars and Rewards. The
circumstances which created the need
for the update were as follows: (1) 39
CFR 233.2 was published as a final rule
on March 29, 2004; (2) since the
publication of 39 CFR 233.2, no updates
have been made; (3) changes to Poster
296 will be simultaneously made with
this rule change to increase reward
amounts and to recategorize the types of
offenses for which rewards can be
offered (4) an update to 39 CFR 233.2 is
required to ensure its consistency to the
current Poster 296 changes.
We will publish an appropriate
amendment to 39 CFR part 223 to reflect
these changes.
List of Subjects in 39 CFR Part 233
Administrative practice and
procedure, Banks, Banking, Credit,
Crime, Infants and children, Law
enforcement, Penalties, Privacy,
Seizures and forfeitures.
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2023-15535]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov, 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
[email protected].
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
