[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14962-14964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8335]



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[[Page 14963]]


DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 960321088-6088-01]
RIN 0648-XX58


Zones and Access Routes Within the Monterey Bay National Marine 
Sanctuary Where the Operation of Motorized Personal Water Craft Is 
Allowed

AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and 
Coastal Resource Management (OCRM), National Ocean Service (NOS), 
National Oceanic and Atmospheric Administration (NOAA), Department of 
Commerce (DOC).

ACTION: Correcting amendments; Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
correcting discrepancies in the coordinates of several points that mark 
the zones and access routes for operation of motorized personal water 
craft in the Monterey Bay National Marine Sanctuary. NOAA is also 
making several descriptive corrections to improve the descriptions of 
the zones and access routes. Additionally, NOAA is slightly moving one 
point of the boundary of the Moss Landing zone to make it coincide with 
an existing Coast Guard bell buoy and to meet navigational 
requirements.

EFFECTIVE DATE: April 4, 1996.

FOR FURTHER INFORMATION CONTACT: Scott Kathey at (408) 647-4251 or 
Elizabeth Moore at (301) 713-3141.

SUPPLEMENTARY INFORMATION:

I. Background

    In recognition of the national significance of the unique marine 
environment centered around Monterey Bay, California, the Monterey Bay 
National Marine Sanctuary (MBNMS or Sanctuary) was designated on 
September 18, 1992. SRD issued final regulations, effective January 1, 
1993, to implement the Sanctuary designation (now at 15 CFR Part 922, 
Subpart M). The MBNMS regulations at 15 CFR 922.132 prohibit a 
relatively narrow range of activities and make it unlawful for any 
person to conduct them or cause them to be conducted. One of the 
regulations restricts the operation of motorized personal water craft 
within the Sanctuary to four zones and access routes located off the 
harbors of the Sanctuary. The zones and access routes are described in 
detail in 15 CFR Part 922, Subpart M, Appendix D.
    NOAA is preparing to place buoys to mark the zones and make them 
easier for operators to identify. In preparing for placement 
operations, NOAA became aware of minor discrepancies in the coordinates 
for two points in the Pillar Point zone and in the coordinates for one 
point in the Santa Cruz zone. This document corrects those 
discrepancies. Corrections are made because the listed coordinates for 
identified Coast Guard navigational aids (identified in the zone 
descriptions as key boundary points) are in error and do not reflect 
the true position of those aids. Correcting the coordinates does not 
diminish and in fact slightly increases the areas of the affected zones 
compared to the incorrect coordinates. Also, in one instance, at Pillar 
Point, a Coast Guard navigational aid in the form of a breakwater 
entrance light and horn was misidentified as a breakwater buoy; this 
document corrects that.
    This document also makes several descriptive corrections to improve 
the descriptions of the zones and access routes. For example, the 
approximate-size descriptions of the areas of the Santa Cruz and Moss 
Landing zones are corrected from three and five square nautical miles, 
respectively, to five and six. As another example, because the 
Sanctuary boundary does not include Pillar Point, Santa Cruz, Moss 
Landing or Monterey harbors shoreward from their International 
Collision at Sea regulation (Colreg.) demarcation lines (with the 
exception of Moss Landing Harbor, where all of Elkhorn Slough east of 
the Highway One Bridge is included within the Sanctuary boundary), NOAA 
is clarifying that any launch ramp in those harbors may be used.
    This document also moves one point of the boundary of the Moss 
Landing zone approximately 300 yards northeast to make it coincide with 
an existing Coast Guard bell buoy. The coordinates of Subpart M, 
Appendix D (3)(e) are changed to those of the bell buoy that marks the 
center of the ship channel leading into the harbor. NOAA has consulted 
with the Coast Guard. This change is made because placement of a buoy 
at the originally prescribed coordinates would unreasonably obstruct 
the designed vessel traffic flow due to the very close proximity to the 
existing bell buoy. Further, (1) the existing buoy is already familiar 
to water craft operators and appears on NOAA nautical charts; (2) the 
existing buoy is substantially larger and more visible under inclement 
weather conditions than other marker buoys; (3) use of an existing buoy 
reduces deployment and maintenance costs; and (4) use of the existing 
buoy does not diminish and in fact slightly increases the area of the 
affected zone.

II. Miscellaneous Rulemaking Requirements

Executive Order 12612: Federalism Assessment

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant the preparation of a 
Federalism Assessment under Executive Order 12612.

Executive Order 12866: Regulatory Impact

    This final rule has been determined to not be significant for the 
purposes of Executive Order 12866.

Paperwork Reduction Act

    The correcting amendments and final rule do not impose any 
information collection requirement subject to review and approval by 
OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq.

National Environmental Policy Act

    NOAA has concluded that this regulatory action does not constitute 
a major federal action significantly affecting the quality of the human 
environment. Therefore, an environmental impact statement is not 
required.

Administrative Procedure Act

    (1) Correcting Amendments
    Because the correcting amendments are corrections, no useful 
purpose would be served by providing notice and opportunity for comment 
or a 30-day delay in effective date. Accordingly, the Acting Deputy 
Assistant Administrator for Ocean Services and Coastal Zone Management 
under 5 U.S.C. 553(b)(B) and (d) for good cause finds that providing 
notice and opportunity for comment and a 30-day delay in effective date 
are unnecessary.
    (2) Final Rule (Moving One Point of Boundary of Moss Landing Zone)
    No useful purpose would be served by providing notice and 
opportunity for comment on the minor movement of one point of the 
boundary of the Moss Landing zone for the following reason. NOAA has 
consulted with the Coast Guard, which has indicated it would not 
approve placement of a buoy at the originally prescribed coordinates 
because of the very close proximity to the existing bell buoy and the 
resulting unreasonable obstruction of the designed vessel traffic flow. 
NOAA concurs. Accordingly, NOAA, by

[[Page 14964]]
moving the point to the bell buoy, is moving the point the minimum 
distance it can be moved to achieve the goal of having the point marked 
by a buoy. The Acting Deputy Assistant Administrator for Ocean Services 
and Coastal Zone Management under 5 U.S.C. 553(b)(B) for good cause 
accordingly finds that providing notice and opportunity for comment is 
unnecessary. Because this rule slightly increases the area of the 
affected zone, it relieves a restriction and under 5 U.S.C. 553(d)(1) 
is not subject to a 30-day delay in effective date.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Natural resources, 
Penalties, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: March 29, 1996.
David L. Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.

    Accordingly, for the reasons set forth above, 15 CFR Part 922 is 
amended as follows:

PART 922--[AMENDED]

    1. The authority citation for part 922 continues to read as 
follows:

    Authority: 16 U.S.C. 1431 et seq.

Subpart M--Monterey Bay National Marine Sanctuary

    2. Appendix D to Subpart M of Part 922 is amended by revising 
paragraphs (1), (2), (3) and (4) to read as follows:

Appendix D to Subpart M of Part 922--Zones and Access Routes Within the 
Sanctuary Where the Operation of Motorized Personal Watercraft is 
Allowed

* * * * *
    (1) The approximately one [1.0] NM2 area off Pillar Point 
Harbor from harbor launch ramps, through harbor entrance to the 
northern boundary of Zone One bounded by (a) 37 deg.29.6' N (flashing 
5-second breakwater entrance light and horn located at the seaward end 
of the outer west breakwater), 122 deg.29.1' W; (b) 37 deg.28.9' N 
(bell buoy), 122 deg.29.0' W; (c) 37 deg.28.8' N, 122 deg.28' W; and 
(d) 37 deg.29.6' N, 122 deg.28' W;
    (2) The approximately five [5.0] NM2 area off of Santa Cruz 
Small Craft Harbor from harbor launch ramps, through harbor entrance, 
and then along a 100 yard wide access route southwest along a true 
bearing of approximately 196 deg. (180 deg. magnetic) to the whistle 
buoy at 36 deg.56.3' N, 122 deg.00.6' W. Zone Two is bounded by (a) 
36 deg.55' N, 122 deg.02' W; (b) 36 deg.55' N, 121 deg.58' W; (c) 
36 deg.56.5' N, 121 deg.58' W; and (d) 36 deg.56.5' N, 122 deg.02' W;
    (3) The approximately six [6.0] NM2 area off of Moss Landing 
Harbor from harbor launch ramps, through harbor entrance, and then 
along a 100 yard wide access route due west to the eastern boundary of 
Zone Three bounded by (a) 36 deg.50' N, 121 deg.49.3' W; (b) 36 deg.50' 
N, 121 deg.50.8' W; (c) 36 deg.46.7' N, 121 deg.50.8' W; (d) 
36 deg.46.7' N, 121 deg.49' W; (e) 36 deg.47.9' N (bell buoy), 
121 deg.48.1' W; and (f) 36 deg.48.9' N, 121 deg.48.2' W; and
    (4) The approximately five [5.0] NM2 area off of Monterey 
Harbor from harbor launch ramps to the seaward end of the U.S. Coast 
Guard Pier, and then along a 100 yard wide access route due north to 
the southern boundary of Zone Four bounded by (a) 36 deg.38.7' N, 
121 deg.55.4' W; (b) 36 deg.36.9' N, 121 deg.52.5' W; (c) 36 deg.38.3' 
N, 121 deg.51.3' W; and (d) 36 deg.40' N, 121 deg.54.4' W.

[FR Doc. 96-8335 Filed 4-3-96; 8:45 am]
BILLING CODE 3510-08-M