[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68566-68568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26203]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0784]
RIN 1625-AA11


Safety Zone; Oil Pipeline Repairs; San Pedro Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the oil pipeline repair operations in the vicinity of a damaged 
pipeline, off the coast of Orange County and near San Pedro Bay, CA. 
The safety zone is necessary to reduce significant hazards to vessels, 
the harbor, and the public during ongoing pipeline repair and oil 
recovery operations. Entry of persons or vessels into 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 December 3, 
2021 11:59 p.m. on December 8, 2021. For purposes of enforcement, 
actual notice will be used from 12:00 a.m. on November 24, 2021 until 
December 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0784 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 LCDR Maria Wiener, Waterways Management, U.S. Coast Guard 
Sector Los Angeles--Long Beach; telephone (310) 357-1603, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 to ensure the safety of response personnel 
and mariners during repairs of the damaged pipeline, as well as the 
potential oil recovery of said pipeline. It is impracticable to publish 
an NPRM, because we must establish this safety zone by November 24, 
2021, due to immediate action needed to minimize potential danger to 
the public during oil recovery operations for the discharge of oil from 
pipeline.
    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 respond to the potential safety hazards associated with 
the pipeline repair operations for the damaged pipeline.

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). The Captain of the Port (COTP), Los 
Angeles--Long Beach has determined that potential hazards associated 
with the pipeline repair and potential oil recovery operations in the 
vicinity of the damaged pipeline will be a safety concern for anyone 
within the following coordinates: 33[deg]39.320' N, 118[deg]06.851' W; 
33[deg]39.141' N, 118[deg]06.247' W; 33[deg]38.632' N, 118[deg]06.453' 
W; 33[deg]38.809' N, 118[deg]07.064' W. This rule is necessary to 
safeguard the public during repair operations in response to an 
emergency situation; it would be impracticable for the Coast Guard to 
provide a public comment period on the rule.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced November 
24, 2021 through December 8, 2021. The safety zone will encompass all 
navigable waters from the surface to the sea floor in an area bound by 
the following coordinates: 33[deg]39.320' N, 118[deg]06.851' W; 
33[deg]39.141' N, 118[deg]06.247' W; 33[deg]38.632' N, 118[deg]06.453' 
W; 33[deg]38.809' N, 118[deg]07.064' W. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from

[[Page 68567]]

the COTP or a designated representative.

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 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), and pursuant to OMB guidance it is exempt from the requirements 
of Executive Order.
    This regulatory action determination is based on the size, 
location, and duration, and time-of-day of the safety zone. Vessel 
traffic will be able to safely transit around this safety zone, which 
will impact a small designated area of Newport Beach in the vicinity of 
the repair operations. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule will allow 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 that will be enforced from November 24, 2021 through 
December 8, 2021, within the following coordinates: 33[deg]39.320' N, 
118[deg]06.851' W; 33[deg]39.141' N, 118[deg]06.247' W; 33[deg]38.632' 
N, 118[deg]06.453' W; 33[deg]38.809' N, 118[deg]07.064' W. It is 
categorically excluded from further review under paragraph L60(c) of 
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 call or email 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 
Revision No. 01.2.


0
2. Add Sec.  165. T11-085 to read as follows:


Sec.  165.T11-085   Safety Zone; Oil Pipeline Repairs, San Pedro Bay, 
CA.

    (a) Location. The safety zone encompasses all navigable waters from 
the surface to the sea floor in an area of

[[Page 68568]]

the following coordinates: 33[deg]39.320' N, 118[deg]06.851' W; 
33[deg]39.141' N, 118[deg]06.247' W; 33[deg]38.632' N, 118[deg]06.453' 
W; 33[deg]38.809' N, 118[deg]07.064' W.
    (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 
Sec.  165.23 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, hail Coast Guard Sector Los 
Angeles--Long Beach on VHF-FM Channel 16 or call the 24-hour Command 
Center 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 November 
24, 2021, through December 8, 2021, or as announced via local Broadcast 
Notice to Mariners.

    Dated: November 24, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles, Long 
Beach.
[FR Doc. 2021-26203 Filed 12-2-21; 8:45 am]
BILLING CODE 9110-04-P