Safety Zone; Oil Pipeline Repairs; San Pedro Bay, CA, 70975-70977 [2021-26982]
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
(i) Parts Prohibition
As of the effective date of this AD, do not
install an MR damper rod end P/N M006–
01H004–041, M006–01H004–045, or M006–
01H004–053 on any helicopter, unless it is
marked with a black dot indicating that it has
passed inspections specified by Leonardo
Helicopters BT 139–450.
(j) No Reporting Requirement
Although the service information
referenced in EASA AD 2018–0112R1
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (l)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
jspears on DSK121TN23PROD with RULES1
(l) Related Information
(1) For more information about this AD,
contact Matt Fuller, AD Program Manager,
General Aviation & Rotorcraft Unit,
Airworthiness Products Section, Operational
Safety Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone (817) 222–
5110; email matthew.fuller@faa.gov.
(2) Leonardo Helicopters Alert Service
Bulletin No. 139–450, Revision D, dated May
28, 2019, which is not incorporated by
reference, contains additional information
about the subject of this AD. For service
information identified in this AD, contact
Leonardo S.p.A. Helicopters, Emanuele
Bufano, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate
(Va) Italy; telephone +39–0331–225074; fax
+39–0331–229046; or at https://
customerportal.leonardocompany.com/enUS/. You may view this referenced service
information at the contact information
specified in paragraph (m)(4) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD 2018–0112R1, dated June 4,
2018.
(ii) [Reserved]
(3) For EASA AD 2018–0112R1, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
VerDate Sep<11>2014
16:20 Dec 13, 2021
Jkt 256001
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find the
EASA material on the EASA website at
https://ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2020–0283.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–26973 Filed 12–13–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0911]
RIN 1625–AA11
Safety Zone; Oil Pipeline Repairs; San
Pedro Bay, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
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 14, 2021,
until January 17, 2022. For purposes of
enforcement, actual notice will be used
from December 9, 2021, through
December 14, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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70975
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0911 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 Maria.C.Wiener@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 December 9, 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
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70976
Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
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°39.320′ N, 118°06.851′
W; 33°39.141′ N, 118°06.247′ W;
33°38.632′ N, 118°06.453′ W; 33°38.809′
N, 118°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 because the
response and repair efforts are ongoing.
IV. Discussion of the Rule
This rule establishes a safety zone
effective from December 9, 2021, until
January 17, 2022. The safety zone will
encompass all navigable waters from the
surface to the sea floor in an area bound
by the following coordinates: 33°39.320′
N, 118°06.851′ W; 33°39.141′ N,
118°06.247′ W; 33°38.632′ N,
118°06.453′ W; 33°38.809′ N,
118°07.064′ W. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
jspears on DSK121TN23PROD with RULES1
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.
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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
PO 00000
Frm 00032
Fmt 4700
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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 effective on December 9, 2021
until January 17, 2022, within the
following coordinates: 33°39.320′ N,
118°06.851′ W; 33°39.141′ N,
118°06.247′ W; 33°38.632′ N,
118°06.453′ W; 33°38.809′ N,
118°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
E:\FR\FM\14DER1.SGM
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
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
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.
2. Add § 165.T11–086 to read as
follows:
■
§ 165.T11–086 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
the following coordinates: 33°39.320′ N,
118°06.851′ W; 33°39.141′ N,
118°06.247′ W; 33°38.632′ N,
118°06.453′ W; 33°38.809′ N,
118°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
70977
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23, 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 December 9, 2021,
until January 17, 2022, between 12:00
a.m. and 11:59 p.m. each day, or as
announced via local Broadcast Notice to
Mariners.
November 30, 2021, regarding the
revisions to Mailing Standards of the
United States Postal Service,
International Mail Manual (IMM®), to
reflect the prices, product features, and
classification changes to Competitive
Services and other minor changes, as
established by the Governors of the
Postal Service effective January 9, 2022.
That document contained an error in the
Certificate of Mailing Individual Pieces
chart in that it incorrectly listed the firm
mailing sheet (PS Form 3665), per piece
(minimum 3) First-Class Mail
International only with the price for all
other qualifying classes of mail. There is
no price change to First Class Mail
International only. This document
serves to correct the error by replacing
First Class Mail International only to
reflect all other qualifying classes of
mail.
Dated: December 8, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the
Port, Los Angeles-Long Beach.
DATES:
[FR Doc. 2021–26982 Filed 12–13–21; 8:45 am]
BILLING CODE 9110–04–P
Effective date: January 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Dale
Kennedy at 202–268–6592 or Kathy
Frigo at 202–268–4178.
SUPPLEMENTARY INFORMATION:
Correction
POSTAL SERVICE
39 CFR Part 20
International Competitive Services
Product and Price Changes Correction
Postal ServiceTM.
ACTION: Final rule; correction.
AGENCY:
The Postal Service published
a final notice in the Federal Register, on
SUMMARY:
On page 67863, column 3 under
Certificate of Mailing Individual Pieces,
revise the third line titled Firm mailing
sheet (PS Form 3665), per piece
(minimum 3) First-Class Mail
International only to reflect Firm
mailing sheet (PS Form 3665), per piece
(minimum 3) All other qualifying
classes of mail as follows:
• Certificate of mailing service: Prices
for competitive international certificate
of mailing service will be as follows:
CERTIFICATE OF MAILING
Fee
Individual pieces:
Individual article (PS Form 3817) .................................................................................................................................................
Duplicate copy of PS Form 3817 or PS Form 3665 (per page) ..................................................................................................
Firm mailing sheet (PS Form 3665), per piece (minimum 3) ......................................................................................................
All other qualifying classes of mail ...............................................................................................................................................
Bulk quantities:
For first 1,000 pieces (or fraction thereof) ...................................................................................................................................
Each additional 1,000 pieces (or fraction thereof) .......................................................................................................................
Duplicate copy of PS Form 3606 .................................................................................................................................................
jspears on DSK121TN23PROD with RULES1
Ruth Stevenson,
Chief Counsel, Ethics and Legal Compliance.
[FR Doc. 2021–26971 Filed 12–13–21; 8:45 am]
BILLING CODE P
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$1.65
1.65
0.57
9.35
1.20
1.65
]]>Agencies
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70975-70977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26982]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0911]
RIN 1625-AA11
Safety Zone; Oil Pipeline Repairs; San Pedro Bay, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 14,
2021, until January 17, 2022. For purposes of enforcement, actual
notice will be used from December 9, 2021, through December 14, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0911 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 December 9,
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
[[Page 70976]]
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 because the response and
repair efforts are ongoing.
IV. Discussion of the Rule
This rule establishes a safety zone effective from December 9,
2021, until January 17, 2022. 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
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 effective on December 9, 2021 until January 17, 2022,
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
[[Page 70977]]
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.T11-086 to read as follows:
Sec. 165.T11-086 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 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, 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 December
9, 2021, until January 17, 2022, between 12:00 a.m. and 11:59 p.m. each
day, or as announced via local Broadcast Notice to Mariners.
Dated: December 8, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 2021-26982 Filed 12-13-21; 8:45 am]
BILLING CODE 9110-04-P
