Rule2023-01751
Safety Zone; Chinese Harbor; Santa Cruz Island, California
Primary source
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Published
January 30, 2023
Effective
January 30, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The U.S. Coast Guard is establishing a temporary safety zone for the navigable waters in Chinese Harbor of Santa Cruz Island, California. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by ongoing salvage operations relating to the grounding of a 60-foot fishing vessel in Chinese Harbor. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Los Angeles--Long Beach (COTP), or their designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5782-5783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01751]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0087]
RIN 1625-AA00
Safety Zone; Chinese Harbor; Santa Cruz Island, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
for the navigable waters in Chinese Harbor of Santa Cruz Island,
California. This safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by ongoing
salvage operations relating to the grounding of a 60-foot fishing
vessel in Chinese Harbor. Entry of persons or vessels into this safety
zone is prohibited unless specifically authorized by the Captain of the
Port Los Angeles--Long Beach (COTP), or their designated
representative.
DATES: This rule is effective without actual notice from 12:01 a.m.
through 11:59 p.m. on January 30, 2023. For the purposes of
enforcement, actual notice will be used from January 23, 2023, until
January 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2023-0087 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Maria Wiener, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone (310) 357-1603, email <a href="/cdn-cgi/l/email-protection#dc98ededf18f919ef18fb9bfa8b3ae909d909ef18b8b919ca9afbfbbf2b1b5b0"><span class="__cf_email__" data-cfemail="90d4a1a1bdc3ddd2bdc3f5f3e4ffe2dcd1dcd2bdc7c7ddd0e5e3f3f7befdf9fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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)
because it is impracticable. This is an emergency response to a vessel
grounding and immediate action is needed to respond to potential safety
hazards associated with the emergency oil recovery and vessel salvage
operations. It is impracticable to publish an NPRM because we must
establish this safety zone by January 23, 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 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 Chinese Harbor during emergency
oil recovery and vessel salvage operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231) and 46 U.S.C. 70011(b)(3). The
Captain of the Port Los Angeles--Long Beach (COTP) has determined that
potential hazards associated with emergency oil recovery and vessel
salvage operations will be a safety concern for anyone within a 2500-
foot radius of the grounded fishing vessel in Chinese Harbor. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while oil recovery and
vessel salvage operations take place in the vicinity of Chinese Harbor.
IV. Discussion of the Rule
This rule establishes a safety zone from January 23, 2023, through
January 30, 2023. The safety zone will cover all navigable waters from
the surface to the sea floor in and around Chinese Harbor from the
location of the commercial fishing vessel SPERANZA MARIE (Official
Number 643138), currently on the shoreline at 34[deg]01.87' N,
119[deg]36.25' W and extending out along a 2500-foot radius from the
vessel. These coordinates are based on North American Datum of 1983. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or their 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.
Designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the COTP in the enforcement of the safety zone.
If the COTP determines that the zone need not be enforced during
this entire period, the Coast Guard will announce via Broadcast Notice
to Mariners when the zone will no longer be subject to enforcement.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, 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 2500-yards during for 07 days during the month of
January 2023. Vessel traffic will be able to safely transit around this
safety zone, which will impact a small, designated area of Chinese
Harbor, Santa Cruz Island, 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
[[Page 5783]]
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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and 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 2500-feet out from a
grounded vessel in vicinity of Chinese Harbor and will last only while
salvage operations are ongoing. It is categorically excluded from
further review under paragraph L60, in Appendix A, Table 1 of DHS
Instruction Manual 023-001-01, Rev. 1.
G. 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.
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2. 2.
0
2. Add Sec. 165. T11-121 to read as follows:
Sec. 165. T11-121 Safety Zone; Chinese Harbor; Santa Cruz Island,
California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor in and around Chinese Harbor
from the vessel SPERANZA MARIE, currently on the shoreline at
34[deg]01.87' N, 119[deg]36.25' W, and extending out along a 2500-foot
radius from the vessel. These coordinates are based on North American
Datum of 1983.
(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 section will be enforced from January
23, 2023, through January 30, 2023. If the COTP determines that the
zone need not be enforced during this entire period, the Coast Guard
will announce via Broadcast Notice to Mariners when the zone will no
longer be subject to enforcement.
Dated: January 23, 2023.
K.L. Bernstein,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Los
Angeles--Long Beach.
[FR Doc. 2023-01751 Filed 1-27-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 30, 2023.
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