[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24024-24026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09518]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0227]
RIN 1625-AA00


Safety Zone; Newport Beach Harbor Grand Canal Bridge 
Construction; Newport Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Newport Harbor Grand Canal on Balboa Island. This 
temporary safety zone is being established to provide for the safety of 
the waterway users during bridge construction over a 10 month period. 
Transiting through or within this temporary safety zone is prohibited 
unless specifically authorized by the Captain of the Port, Los 
Angeles--Long Beach, or her designated representative.

DATES: This rule is effective without actual notice from April 25, 2016 
through January 31, 2017. For purposes of enforcement, actual notice 
will be used from April 4, 2016 until April 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0227 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 on this rule, 
call or email BMC James Morgia, Waterways Management, U.S. Coast Guard 
Sector Los Angeles--Long Beach; telephone (310) 521-3860, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 24025]]

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.'' An NPRM is unnecessary and for this regulation because 
local authorities have already notified boaters not to transit the 
waterway during bridge construction and the Grand Canal waterway 
typically only experiences minimal vessel traffic, by small personal 
pleasure crafts. An NPRM is impractical for this regulation because the 
Coast Guard did not receive notice of the April 4 construction until 
March 8, 2016, and the construction schedule cannot be moved. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds good cause for making this rule 
effective less than 30 days after publication in the Federal Register.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective without 30 days advanced notice 
of the rule. Delaying the effective date of the rule is impractical and 
unnecessary for the same reasons specified above: (1) Local authorities 
have already notified boaters not to transit the waterway during bridge 
construction, (2) the Coast Guard did not receive notice of the April 4 
construction until March 8, 2016, and (3) the Grand Canal waterway 
typically only experiences minimal vessel traffic, by small personal 
pleasure craft.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Los Angeles--Long Beach (COTP) has 
determined that potential hazards, like falling debris and heavy 
equipment operations in and near the waterway create a serious safety 
concern for anyone transiting the waterway during construction. This 
temporary safety zone is necessary to ensure the safety of, and reduce 
the risk to, the public, and mariners, in vicinity of the Newport 
Harbor Grand Canal.

IV. Discussion of the Rule

    The U.S. Coast Guard is establishing a temporary safety zone on 
April 4, 2016 to January 31, 2017, encompassing all navigable waters 
from the surface to the sea floor within the following coordinates: 
33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N. 117[deg]53.324' 
W., 33[deg]36.438' N. 117[deg]53.343' W., 33[deg]36.312' N. 
117[deg]53.341' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984.
    This temporary safety zone will be effective from 6:00 a.m. on 
April 4, 2016, to 11:59 p.m. on January 31, 2017. No vessel or person 
is permitted to operate in the safety zone without obtaining permission 
from the Captain of the Port (COTP) or the COTP's designated 
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801.

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

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    The implementation of this temporary safety zone is necessary for 
the protection of all waterway users. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. Any hardships experienced by 
persons or vessels are considered minimal compared to the interest in 
protecting the public.

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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor within the designated area during the designated enforcement 
times. This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) This zone will support the safety of vessel traffic 
through the area, (ii) this zone is limited in scope and duration, 
(iii) the Coast Guard will issue Broadcast Notice to Mariners via VHF-
FM marine channel 16 while the safety zone is enforced.
    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 
contact 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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States,

[[Page 24026]]

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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 and Commandant Instruction M16475.lD, 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 is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.
0
2. Add Sec.  165.T11-772 to read as follows:


Sec.  165.T11-772  Safety Zone; Newport Beach Harbor Grand Canal Bridge 
Construction; Newport Beach, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor within the following 
coordinates: 33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N. 
117[deg]53.324' W., 33[deg]36.438' N. 117[deg]53.343' W., 
33[deg]36.312' N. 117[deg]53.341' W. All coordinates displayed are 
referenced by North American Datum of 1983, World Geodetic System, 
1984.
    (b) Definitions. For the purposes of 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 VHF-FM Channel 16 or 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 rule will be enforced from April 4, 
2016 to January 31, 2017.

    Dated: March 23, 2016.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2016-09518 Filed 4-22-16; 8:45 am]
 BILLING CODE 9110-04-P