Rule2023-10718
Safety Zone; Chinese Harbor; Santa Cruz Island, California
Primary source
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Published
May 18, 2023
Effective
May 18, 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 December 2022 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 (COTP), Los Angeles--Long Beach, or their designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 96 (Thursday, May 18, 2023)</title>
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[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Rules and Regulations]
[Pages 31622-31623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10718]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0009]
RIN 1625-AA00
Safety Zone; Chinese Harbor; Santa Cruz Island, California
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 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 December 2022 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 (COTP), Los Angeles--Long Beach, or their designated
representative.
DATES: This rule is effective without actual notice from May 18, 2023,
until May 25, 2023. For the purposes of enforcement, actual notice will
be used from May 15, 2023, until May 18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0009 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#400471716d130d026d132523342f320c010c026d17170d00353323276e2d292c"><span class="__cf_email__" data-cfemail="a4e0959589f7e9e689f7c1c7d0cbd6e8e5e8e689f3f3e9e4d1d7c7c38ac9cdc8">[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 a response to a vessel grounding
and immediate action is needed to respond to potential safety hazards
associated with vessel salvage operations. It is impracticable to
publish an NPRM because we must establish this safety zone by May 15,
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 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 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 (COTP), Los Angeles--Long Beach has determined that
potential hazards associated with salvage operations starting May 15,
2023, will be a safety concern for anyone within a 500-yard radius of
the operations in Chinese Harbor. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while salvage operations take place in the
vicinity of Chinese Harbor.
IV. Discussion of the Rule
This rule establishes a safety zone from May 15, 2023, until May
25, 2023. The safety zone will cover all navigable waters from the
surface to the sea floor in and around the M/V DANNY C (Official Number
506332) and extending out along a 500-yard radius from the vessel's
location while it is in Chinese Harbor. 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.
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. 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. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
via VHF-FM marine channel 16 regarding the safety zone and the rule
allows vessels to seek permission to enter the zone.
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 31623]]
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 extending 500-yards out from a vessel
engaged in salvage operations in vicinity of Chinese Harbor and will
last only 10 days while salvage operations are ongoing. It is
categorically excluded from further review under paragraph L60(c), 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, 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.T11-124 to read as follows:
Sec. 165.T11-124 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 the M/V DANNY C
(Official Number 506332) and extending out along a 500-yard radius from
that vessel while it is in Chinese Harbor. These coordinates are based
on North American Datum of 1983.
(b) Definitions. As used in this section, designated representative
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) 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 May 15,
2023, through May 25, 2023. The marine public will be notified of this
safety zone via Broadcast Notice to Mariners. If the Captain of the
Port 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: May 15, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. 2023-10718 Filed 5-16-23; 11:15 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 18, 2023.
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