Rule2023-20443
Safety Zone; Pacific Ocean; Santa Catalina Island, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 20, 2023
Effective
September 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The U.S. Coast Guard is establishing a temporary safety zone for the navigable waters in the Pacific Ocean on the East end of Santa Catalina Island, California. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by ongoing recovery operations relating to the grounding of the 62-foot F/V PACIFIC KNIGHT. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Los Angeles-Long Beach, or his designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 181 (Wednesday, September 20, 2023)</title>
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[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64817-64819]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20443]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0004]
RIN 1625-AA00
Safety Zone; Pacific Ocean; Santa Catalina 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 the Pacific Ocean on the East end of Santa
Catalina Island, California. This safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by ongoing recovery operations relating to the grounding of the
62-foot F/V PACIFIC KNIGHT. Entry of persons or vessels into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port Los Angeles-Long Beach, or his designated representative.
DATES: This rule is effective without actual notice from September 20,
2023, through September 22, 2023. For the purposes of enforcement,
actual notice will be used from September 15, 2022, through September
20, 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-
2023-0004 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 Kevin Kinsella, Waterways Management Division, U.S.
Coast Guard Sector Los Angeles-Long Beach; telephone (310) 467-2099,
email <a href="/cdn-cgi/l/email-protection#2b6f1a1a0678666906784e485f4459676a6769067c7c666b5e58484c05464247"><span class="__cf_email__" data-cfemail="c581f4f4e8968887e896a0a6b1aab789848987e892928885b0b6a6a2eba8aca9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Los Angeles-Long Beach
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
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)
with respect to this rule because this is an emergency response to a
vessel grounding that occurred today, and immediate action is needed to
respond to potential safety hazards associated with the emergency
recovery operations. It is impracticable to publish an NPRM because we
must establish this safety zone by September 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 the East end of Santa Catalina Island
during emergency recovery operations.
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 Los Angeles-Long Beach (COTP) has
determined that potential hazards associated with emergency recovery
operations starting September 15, 2023, will be a safety concern for
anyone within a 300-yard radius of the grounded fishing vessel in the
vicinity of the East end of Santa Catalina Island. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while recovery operations take
place.
IV. Discussion of the Rule
This rule establishes a safety zone from September 15, 2023, until
September 22, 2023. The safety zone will cover all navigable waters
from the surface to the sea floor in and around the Pacific Ocean at
the East end of Santa Catalina Island from the vessel's location at
33[deg]18.923' N, 118[deg]21.985' W and extending out along a 300-yard
radius from that point. 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.
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
[[Page 64818]]
approaches that maximize net benefits. This rule has not been
designated a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). 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 the Pacific Ocean in the vicinity of
the East end of Santa Catalina 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 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
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 300-yards out from a
grounded vessel in vicinity of the East end of Santa Catalina Island
and will last only 7 days while recovery operations are ongoing. It is
categorically excluded from further review under paragraph L60(c), in
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 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.T11-130 to read as follows:
Sec. 165.T11-130 Safety Zone; Pacific Ocean; Santa Catalina Island,
California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor in and around in the Pacific
Ocean at the East end of Santa Catalina Island from the vessel's
location at 33[deg]18.923' N, 118[deg]21.985' W and extending out along
a 300-yard radius from that point. 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
[[Page 64819]]
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
September 15, 2023, through September 22, 2023. The marine public will
be notified of this 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.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach.
[FR Doc. 2023-20443 Filed 9-18-23; 11:15 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.