[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Rules and Regulations]
[Pages 63948-63950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22945]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0853]
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. Entry of 
persons or vessels into this temporary safety zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Los Angeles--
Long Beach, or his designated representative.

DATES: This rule is effective without actual notice from October 21, 
2022 through December 24, 2022. For the purposes of enforcement, actual 
notice will be used from October 10, 2022, until October 21, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0853 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

[[Page 63949]]

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 that is impracticable. It is 
impracticable to publish an NPRM, because we must establish this safety 
zone by October 10, 2022, to ensure the safety of response personnel 
and mariners during repairs of the damaged 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 Sector Los 
Angeles--Long Beach (COTP) 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 a 750-yard radius from coordinates 
33[deg]38'51.072'' N, 118[deg]06'43.146'' W. This rule is necessary to 
safeguard the public during repair operations; it would be 
impracticable for the Coast Guard to provide a public comment period on 
due to the updated repair schedule.

IV. Discussion of the Rule

    This rule establishes a safety zone effective from October 10, 
2022, to December 24, 2022. The safety zone will encompass all 
navigable waters from the surface to the sea floor in an area bound 
within a 750-yard radius from surface to sea bottom from 
33[deg]38'51.072'' N, 118[deg]06'43.146'' W. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    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.
    The COTP or a designated representative will inform the public 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) as 
appropriate for the enforcement times and dates for the safety zone.

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. This safety 
zone will impact a 750-yard area of Newport Beach, CA for three months. 
The zone will be enforced 24 hours per day, but vessel traffic will be 
able to safely transit around the 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.

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

[[Page 63950]]

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 effective on October 10, 
2022, until December 24, 2022, within a 750-yard radius from 
coordinates 33[deg]38'51.072'' N, 118[deg]06'43.146'' W. It is 
categorically excluded from further review under paragraph L60 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. T11-113 to read as follows:


Sec.  165. T11-113  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 a 750-yard radius from coordinates 
33[deg]38'51.072'' N, 118[deg]06'43.146'' W.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer designated by or 
assisting the Captain of the Port Sector 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 is effective from October 10, 
2022, through December 24, 2022. It will be enforced from midnight to 
midnight each day.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
the safety zone.

    Dated: October 7, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles Long 
Beach.
[FR Doc. 2022-22945 Filed 10-20-22; 8:45 am]
BILLING CODE 9110-04-P