Safety Zone; San Pedro Bay, Long Beach, CA

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 165</CFR> <DEPDOC>[Docket Number USCG-2025-0868]</DEPDOC> <RIN>RIN 1625-AA00</RIN> <SUBJECT>Safety Zone; San Pedro Bay, Long Beach, CA</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, Department of Homeland Security. <HD SOURCE="HED">ACTION:</HD> Temporary final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of Port of Long Beach Berth G232, and within a 500-yard radius of all first-responder vessels involved in response operations. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards from unsecured shipping containers present in the water. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Los Angeles—Long Beach. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective without actual notice from September 18, 2025 through October 3, 2025. For the purposes of enforcement, actual notice will be used from September 14, 2025, until September 18, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view available documents go to <E T="03">https://www.regulations.gov</E> and search for USCG-2025-0868. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> If you have questions about this rule, contact LCDR Kevin Kinsella, Sector Los Angeles—Long Beach Waterways Management Division, U.S. Coast Guard; telephone 310-521-3860, or email <E T="03">D11-SMB-SectorLALB-WWM@uscg.mil</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">COTP Captain of the Port</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background and Authority</HD> The Coast Guard received notification that approximately 84 shipping containers have fallen into the water in the vicinity of Port of Long Beach Berth G232. The Captain of the Port (COTP) Los Angeles—Long Beach has determined that potential hazards associated with unsecured shipping containers presents a hazard to persons, vessels and the marine environment within the Port of Long Beach. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zones. The Coast Guard is issuing this rule without prior notice and comment. As is authorized by 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 it is impracticable and contrary to the public interest. The Coast Guard was notified of this event on September 9, 2025, but we must establish this safety zone by September 14, 2025, to protect personnel, vessels, and the marine environment. Therefore, we do not have enough time to solicit and respond to comments. For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the FR. <HD SOURCE="HD1">III. Discussion of the Rule</HD> This rule establishes a safety zone from 9:00 a.m. on September 14, 2025, through 10:00 p.m. on October 3, 2025. The safety zone will cover all navigable waters within 500 yards of Port of Long Beach Berth G232 and all first-responder vessels involved in response operations. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or their designated representative. <HD SOURCE="HD1">IV. Regulatory Analyses</HD> 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. <HD SOURCE="HD2">A. Impact on Small Entities</HD> The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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. <HD SOURCE="HD2">B. Collection of Information</HD> This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). <HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD> We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order. 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. <HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD> As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector. <HD SOURCE="HD2">E. Environment</HD> 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 is a safety zone. It is categorically excluded from further review under paragraph L60(d)—an emergency safety zone lasting more than one week involving shipping containers that have fallen into the water in the vicinity of Port of Long Beach Berth G232—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. <LSTSUB> <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD> Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. </LSTSUB> For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD> <REGTEXT TITLE="33" PART="165"> 1. The authority citation for part 165 continues to read as follows: <HD SOURCE="HED">Authority:</HD> 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. 01.4. </REGTEXT> <REGTEXT TITLE="33" PART="165"> 2. Add § 165.T11-213 to read as follows: <SECTION> <SECTNO>§ 165.T11-213 </SECTNO> <SUBJECT>Safety Zones; San Pedro Bay, Long Beach, CA.</SUBJECT> (a) <E T="03">Location.</E> The following areas are safety zones: All waters of San Pedro Bay, from surface to bottom, within a 500-yard radius of Port of Long Beach Berth G232, and within 500-yards of first-responder vessels involved in response operations. These coordinates are based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83). (b) <E T="03">Definitions.</E> As used in this section, <E T="03">designated representative</E> means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Los Angeles—Long Beach (COTP) in the enforcement of the safety zone. (c) <E T="03">Regulations.</E> (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 on VHF-FM channel 16 or by telephone at (310) 521-3805. 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) <E T="03">Enforcement period.</E> This section will be enforced from 9:00 a.m. on September 14, 2025, through 10:00 p.m. on October 3, 2025. </SECTION> </REGTEXT> <SIG> Signed: <NAME>S.L. Crecy,</NAME> Captain, U.S. Coast Guard, Captain of the Port Sector Los ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 10k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━