[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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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