Rule2023-04331
Safety Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA, Second Safety Zone
Primary source
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Published
March 2, 2023
Effective
March 2, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The U.S. Coast Guard is establishing a temporary safety zone for the navigable waters, approximately 5 miles offshore of Santa Barbara, California. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by ongoing aquaculture gear deployment and installation. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Sector Los Angeles--Long Beach (COTP), or their designated representative. The Coast Guard recently issued a safety zone for this area, but additional time is needed to complete the installation.
Full Text
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Rules and Regulations]
[Pages 13026-13028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04331]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0008]
RIN 1625-AA00
Safety Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA,
Second Safety Zone
AGENCY: Coast Guard, Department of Homeland Security (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, approximately 5 miles offshore of Santa
Barbara, California. This safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
ongoing aquaculture gear deployment and installation. Entry of persons
or vessels into this safety zone is prohibited unless specifically
authorized by the Captain of the Port Sector Los Angeles--Long Beach
(COTP), or their designated representative. The Coast Guard recently
issued a safety zone for this area, but additional time is needed to
complete the installation.
DATES: This rule is effective without actual notice from March 2, 2023,
until March 31, 2023. For the purposes of enforcement, actual notice
will be used from February 27, 2023, until March 2, 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-
2023-0008 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#1a5e2b2b3749575837497f796e7568565b5658374d4d575a6f69797d34777376"><span class="__cf_email__" data-cfemail="713540405c223c335c221412051e033d303d335c26263c31040212165f1c181d">[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. The sponsor recently updated their
timeline and timeframe for the aquaculture gear installation after we
issued the first safety zone. Immediate action is needed to protect the
public from safety hazards associated with the ongoing aquaculture gear
deployment and installation. This safety zone needs to be extended due
to delays with gear deployment. It is impracticable to publish an NPRM
because we must establish this safety zone by February 27, 2023, and
lack sufficient time to publish a rule, collect public comments, and to
address them before the event date.
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 Santa Barbara during aquaculture
gear installation and deployment starting February 27, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Los Angeles--Long Beach (COTP)
has determined that potential hazards associated with the aquaculture
gear deployment and installation will be a safety concern for anyone
within 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning.
The Coast Guard recently published a safety zone titled ``Safety
Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA'' for this area
and purpose on February 9, 2023, at 88 FR 8369. That safety zone was in
effect between February 9 until February 16, 2023. The sponsor has
indicated that they need
[[Page 13027]]
additional time to complete the deployment and installation. The Coast
Guard is issuing this subsequent safety zone to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while aquaculture deployment and installation is occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from February 27, 2023, through
March 31, 2023. The safety zone will cover all navigable waters from
the surface to the sea floor in and around Santa Barbara, CA, starting
from: 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning. 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 his 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.
A 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 16-acres for 36 days between the months of February
and March 2023. Vessel traffic will be able to safely transit around
this safety zone, which will impact a small, designated area of Santa
Barbara, 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.
F. Environment
We have analyzed this 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 of 16-acres for 14 days during the
aquaculture gear installation and deployment. It is categorically
excluded from further review under paragraph L60, in Appendix A, Table
1 of DHS Instruction Manual 023-001-01, Rev. 1. Due to urgency, a
record of environmental consideration is not required, but will be
provided if necessary.
[[Page 13028]]
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, 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.T11-122 to read as follows:
Sec. 165.T11-122 Safety Zone; Ocean Rainforest Aquaculture, Santa
Barbara, CA.
(a) Location. The following area is a safety zone: all navigable
waters from the surface to the sea floor in and around Santa Barbara,
CA, starting from: 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning. These coordinates are
based on North American Datum of 1983.
(b) Definitions. As used in this section, a 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 Sector 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 February
27, 2023, through March 31, 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: February 27, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2023-04331 Filed 3-1-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.