Safety Zone; Newport Beach Harbor Grand Canal Bridge Construction; Newport Beach, CA, 24024-24026 [2016-09518]
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24024
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
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 involves a safety
zone with a duration of twenty eight
days or until the salvage operations are
complete. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction.
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.
jstallworth on DSK7TPTVN1PROD with RULES
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:
VerDate Sep<11>2014
15:10 Apr 22, 2016
Jkt 238001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T14–1035 to read as
follows:
■
§ 165.T14–1035 Safety Zone; Pacific
Ocean, North Shore Oahu, HI—Recovery
Operations.
(a) Location. The safety zone is
located within the COTP zone (See 33
CFR 3.70–10) and will encompass all
waters extending one nautical mile in
all directions around the location of the
salvage operations being conducted in
location 21°38′01″ N., 158°07′54″ W.
This zone extends from the surface of
the water to the ocean floor.
(b) Enforcement period. This
regulation will be enforced from 3:00
p.m. (HST) on April 1, 2016 through
3:00 p.m. (HST) on April 29, 2016, or
until the salvage operations are
complete, whichever is earlier. If the
safety zone is terminated prior 3:00 p.m.
(HST) on April 29, 2016, the Coast
Guard will provide notice via a
broadcast notice to mariners.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.20 apply to the safety
zone created by this temporary section.
(1) All persons are required to comply
with the general regulations governing
safety zones found in this part.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP or his
designated representative.
(3) Persons desiring to transit the
safety zone identified in paragraph (a) of
this section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP or his designated representative
and proceed at the minimum speed
necessary to maintain a safe course
while in the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Notice of enforcement. The COTP
will cause notice of the enforcement of
the safety zone described in this section
to be made by verbal broadcasts and
written notice to mariners and the
general public.
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Frm 00016
Fmt 4700
Sfmt 4700
(e) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the safety zone described in
paragraph (a) of this section.
Dated: March 30, 2016.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the
Port, Honolulu.
[FR Doc. 2016–09517 Filed 4–22–16; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 https://
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 James.M.Morgia@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\25APR1.SGM
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
to, the public, and mariners, in vicinity
of the Newport Harbor Grand Canal.
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
§ Section
U.S.C. United States Code
jstallworth on DSK7TPTVN1PROD with RULES
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
VerDate Sep<11>2014
15:10 Apr 22, 2016
Jkt 238001
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°36.311′ N. 117°53.323′
W., 33°36.437′ N. 117°53.324′ W.,
33°36.438′ N. 117°53.343′ W.,
33°36.312′ N. 117°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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
24025
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,
E:\FR\FM\25APR1.SGM
25APR1
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
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.
jstallworth on DSK7TPTVN1PROD with RULES
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.
VerDate Sep<11>2014
15:10 Apr 22, 2016
Jkt 238001
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
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
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
Expanded Access to Non-VA Care
Through the Veterans Choice Program;
Correction
Department of Veterans Affairs.
Interim final rule; correcting
amendment.
AGENCY:
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.
2. Add § 165.T11–772 to read as
follows:
■
§ 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°36.311′ N.
117°53.323′ W., 33°36.437′ N.
117°53.324′ W., 33°36.438′ N.
117°53.343′ W., 33°36.312′ N.
117°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 AngelesLong 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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
ACTION:
The Department of Veterans
Affairs published in the Federal
Register of December 1, 2015, a
document amending its medical
regulations that implement section 101
of the Veterans Access, Choice, and
Accountability Act of 2014. In that rule,
two paragraphs were inadvertently
removed. This document corrects that
error.
SUMMARY:
DATES:
Effective on April 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Veterans Health
Administration, (202) 382–2508 (this is
not a toll-free number).
SUPPLEMENTARY INFORMATION: The
Department of Veterans Affairs (VA)
published in the Federal Register of
December 1, 2015, a document
amending its medical regulations that
implement section 101 of the Veterans
Access, Choice, and Accountability Act
of 2014. 80 FR 74991. Inadvertently
paragraphs (a)(1) and (a)(2) of 38 CFR
17.1530 were removed. This document
corrects that error.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Government contracts, Grant
programs-health, Grant programsveterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Mental health programs,
Nursing homes, Reporting and
recordkeeping requirements, Travel and
transportation expenses, Veterans.
For reasons set forth in the preamble,
the Department of Veterans Affairs
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
James.M.Morgia@uscg.mil.
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
