Safety Zone; Oil Pipeline Repairs, San Pedro Bay, CA, 63948-63950 [2022-22945]
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63948
Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
States to consider and sign the updated
standard MOU.
FDA is now extending the period
before FDA intends to begin enforcing
the statutory 5 percent limit in States
that have not entered into a standard
MOU with FDA until the effective date
of a final rule regarding certain
distributions of compounded human
drug products under section 503A of the
FD&C Act and publication of an
updated standard MOU.1
Dated: October 17, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–22876 Filed 10–20–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2022–0870]
Special Local Regulations Northern
California and Lake Tahoe Area Annual
Marine Events; Sacramento Ironman
Swim, Sacramento, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the special local regulations for the
annual Sacramento Ironman Triathlon
marine event on October 23, 2022, to
provide for the safety of life on
navigable waterways in the Sacramento
River during this event. Our regulation
for marine events in Northern California
identifies the regulated area for this
event. During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or loitering or anchoring in the
regulated area, unless authorized by the
designated Patrol Commander
(PATCOM) or other Federal, State, or
local law enforcement agencies on scene
to assist the Coast Guard in enforcing
the regulated area.
DATES: The regulations in 33 CFR
100.1103 will be enforced for the
location listed in Table 1 to § 100.1103,
Item number 5 from 6 a.m. to 10 a.m.
on October 23, 2022.
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SUMMARY:
1 The
Office of the Federal Register has published
this document under the category ‘‘Rules and
Regulations’’ pursuant to 1 CFR 5.9(b). We note that
the categorization as such for purposes of
publication in the Federal Register does not affect
the legal content or intent of the document. See, 1
CFR 5.1(c).
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16:05 Oct 20, 2022
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If
you have questions about this
notification of enforcement, call or
email Lieutenant Anthony I. Solares,
Sector San Francisco Waterways
Management, U.S. Coast Guard;
telephone 415–399–3585, email
SFWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1103, Table 1
to § 100.1103, Item number 5 for the
Sacramento Ironman Swim regulated
area from 6 a.m. to 10 a.m. on October
23, 2022. This action is being taken to
provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
Northern California, § 100.1103,
specifies the location of the regulated
area for the Sacramento Ironman Swim
which encompasses portions of the
American River and Sacramento River.
During the enforcement period, the
regulated area will be in effect in the
navigable waters of the American River
and Sacramento River from Township 9
Park to North of Tower Bridge.
During the enforcement period, under
the provisions of 33 CFR 100.1103(b), if
you are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
(PATCOM) or any other Official Patrol,
defined as a Federal, State, or local law
enforcement agency on scene to assist
the Coast Guard in enforcing the
regulated area. During the enforcement
period, if you are the operator of a
vessel that participates in the marine
event within the regulated area, you
must follow the route established by the
marine event sponsor, and comply with
directions from the Patrol Commander
or other Official Patrol. The PATCOM or
Official Patrol may, upon request, allow
the transit of commercial vessels
through regulated areas when it is safe
to do so.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Local Notice to Mariners. If the
Captain of the Port determines that the
regulated area need not be enforced for
the full duration stated in this
notification, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
SUPPLEMENTARY INFORMATION:
Dated: October 17, 2022.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2022–22950 Filed 10–20–22; 8:45 am]
BILLING CODE 9110–04–P
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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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 Maria.C.Wiener@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
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°38′51.072″
N, 118°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.
jspears on DSK121TN23PROD with RULES
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°38′51.072″ N,
118°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.
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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
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63949
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
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
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°38′51.072″
N, 118°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:
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
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
40 CFR Part 372
[EPA–HQ–OPPT–2018–0155; FRL–6004–02–
OCSPP]
1. The authority citation for part 165
continues to read as follows:
RIN 2070–AK42
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.
Parent Company Definition for Toxics
Release Inventory (TRI) Reporting
■
2. Add § 165. T11–113 to read as
follows:
■
§ 165. T11–113 Safety Zone; Oil Pipeline
Repairs, San Pedro Bay, CA.
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(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.
(a) Location. The safety zone
encompasses all navigable waters from
the surface to the sea floor in a 750-yard
radius from coordinates 33°38′51.072″
N, 118°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 § 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.
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SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a rule to
codify the definition of ‘‘parent
company’’ for purposes of reporting to
the Toxics Release Inventory (TRI) and
to require the reporting of a foreign
parent company when applicable. The
existing regulation requires facilities
reporting to TRI to identify their parent
company in annual reporting forms.
This rule adds a codified definition of
this data element. Among the facilities
reporting to TRI are those with
complicated corporate ownership
structures. As such, effort is required
each year by reporting facilities and
EPA to clarify how the parent company
data element should be represented on
the form. A codified definition of parent
company will allow EPA to address
various corporate ownership scenarios
explicitly and will reduce the reporting
burden caused by regulatory
SUMMARY:
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uncertainty. This rule clarifies existing
requirements to reporting facilities and
adds a foreign parent company data
element, while improving the Agency’s
data quality.
DATES: This final rule is effective on
December 20, 2022.
ADDRESSES: The docket for this action,
identified under docket identification
(ID) number EPA–HQ–OPPT–2018–
0155, is available online at https://
www.regulations.gov or in person at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC). Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Stephanie Griffin, Data Gathering and
Analysis Division, (7406M), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
564–1463; email address:
griffin.stephanie@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Information Center;
telephone number: (800) 424–9346, TDD
(800) 553–7672; website: https://
www.epa.gov/aboutepa/epahotlines#epcraic.
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I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if your facility submits
annual reports under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA), 42 U.S.C.
11023, and section 6607 of the Pollution
Prevention Act (PPA), 42 U.S.C. 13106,
to EPA and States or Tribes of the
facility’s environmental releases or
other waste management quantities of
covered chemicals. (Pursuant to 40 CFR
372.30(a), facilities located in Indian
country are required to report to the
appropriate tribal government official
and EPA instead of to the State and
EPA. See April 19, 2012 (77 FR 23409)
(FRL–9660–9)). To determine whether
your facility is affected by this action,
you should carefully examine the
applicability criteria in 40 CFR part 372,
subpart B. The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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