[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Rules and Regulations]
[Pages 79804-79806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28163]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0607]
RIN 1625-AA00


Safety Zone; Chinese Harbor, Santa Cruz Island, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone 
for the navigable waters in Chinese Harbor of Santa Cruz Island, 
California. This temporary safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
ongoing oil recovery operations relating to the grounding of a 60-foot 
fishing vessel in Chinese Harbor. Entry of persons or vessels into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port Sector Los Angeles--Long Beach (COTP), or his designated 
representative.

DATES: This rule is effective without actual notice from December 28, 
2022 until January 4, 2023. For the purposes of enforcement, actual 
notice will be used from December 21, 2022 until December 28, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0607 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 about 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
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

[[Page 79805]]

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 because it is impracticable. This is an 
emergency response to a vessel grounding and immediate action is needed 
to respond to potential safety hazards associated with the emergency 
oil recovery operations. It is impracticable to publish an NPRM because 
we must establish this safety zone by December 21, 2022.
    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 the public interest because immediate 
action is needed to ensure the safety of persons, vessels, and the 
marine environment in the vicinity of Chinese Harbor during emergency 
oil recovery operations.

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) and 46 U.S.C. 70011(b)(3). The 
Captain of the Port Sector Los Angeles--Long Beach (COTP) has 
determined that potential hazards associated with emergency oil 
recovery operations will be a safety concern for anyone within a 4,000-
yard radius of the grounded fishing vessel in Chinese Harbor. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while oil recovery 
operations take place in the vicinity of Chinese Harbor.

IV. Discussion of the Rule

    This rule establishes a safety zone from December 21, 2022 until 
January 4, 2023. The safety zone will cover all navigable waters from 
the surface to the sea floor in and around Chinese Harbor from the 
location of the commercial fishing vessel SPERANZA MARIE (Official 
Number 643138), currently on the shoreline at 34[deg]01.59' N, 
119[deg]36.32' W and extending out along a 4,000-yard radius from the 
vessel. These coordinates are based on North American Datum of 1983. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or his designated representative. 
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or 
(310) 521-3801. The marine public will be notified of the safety zone 
via Broadcast Notice to Mariners.
    A Designated representative means a Coast Guard a Coast Guard 
coxswain, petty officer, or other officer operating a Coast Guard 
vessel designated by or assisting the Captain of the Port Sector Los 
Angeles-Long Beach (COTP) in the enforcement of the safety zone.

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

    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).
    This regulatory action determination is based on the limited size 
of the zone, which encompasses a two nautical mile radius at Chinese 
Harbor and two week duration of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone, which will impact a 
small, designated area of Chinese Harbor, Santa Cruz Island, CA. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 regarding the safety 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.
    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.

[[Page 79806]]

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 proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev. 1, associated implementing 
instructions, and 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 encompassing an area extending 4,000 yards out from a 
grounded vessel in vicinity of Chinese Harbor and will last only while 
oil recovery operations are ongoing. It is categorically excluded from 
further review under paragraph L60, in Appendix A, Table 1 of DHS 
Instruction Manual 023-001-01, Rev. 1. A Record of Environmental 
Consideration (REC) is not require for emergency operations, but will 
be created if necessary.

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:  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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165. T11-119 to read as follows:


Sec.  165. T11-119  Safety Zone; Chinese Harbor, Santa Cruz Island, 
California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor in and around Chinese Harbor 
from the vessel SPERANZA MARIE, currently on the shoreline at 
34[deg]01.59' N, 119[deg]36.32' W, and extending out along a 4,000-yard 
radius from the vessel. These coordinates are based on North American 
Datum of 1983.
    (b) Definitions. As used in this section, Designated representative 
means a Coast Guard a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel 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 
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 hailing Coast Guard Sector Los Angeles--Long Beach on 
VHF-FM Channel 16 or calling 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 December 
21, 2022 through January 4, 2023. The marine public will be notified of 
this safety zone via Broadcast Notice to Mariners. If the Captain of 
the Port determines that the zone need not be enforced during this 
entire period, the Coast Guard will announce via Broadcast Notice to 
Mariners when the zone will no longer be subject to enforcement.

    Dated: December 21, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long 
Beach.
[FR Doc. 2022-28163 Filed 12-27-22; 8:45 am]
BILLING CODE 9110-04-P