Safety Zone; Chinese Harbor, Santa Cruz Island, California, 79804-79806 [2022-28163]
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79804
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Rules and Regulations
(1) Any transactions prohibited by
Directive 1A under E.O. 14024, Prohibitions
Related to Certain Sovereign Debt of the
Russian Federation;
(2) The opening or maintaining of a
correspondent account or payable-through
account for or on behalf of any entity subject
to Directive 2 under E.O. 14024, Prohibitions
Related to Correspondent or PayableThrough Accounts and Processing of
Transactions Involving Certain Foreign
Financial Institutions;
(3) Any debit to an account on the books
of a U.S. financial institution of the Central
Bank of the Russian Federation; or
(4) Any transactions otherwise prohibited
by the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587
(RuHSR), including transactions involving
any person blocked pursuant to the RuHSR
other than the blocked persons described in
paragraph (a) of this general license, unless
separately authorized.
(d) Effective November 10, 2022, General
License No. 8C, dated June 14, 2022, is
replaced and superseded in its entirety by
this General License No. 8D.
Note to General License No. 8D. This
authorization is valid until May 15, 2023
unless renewed.
Bradley T. Smith
Deputy Director, Office of Foreign Assets
Control.
Dated: November 10, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations; 31 CFR Part 587
TKELLEY on DSK125TN23PROD with RULES
GENERAL LICENSE NO. 40C
Civil Aviation Safety
(a) Except as provided in paragraph (b), all
transactions ordinarily incident and
necessary to the provision, exportation, or
reexportation of goods, technology, or
services to ensure the safety of civil aviation
involving one or more of the blocked entities
listed in the Annex to this general license
and that are prohibited by Executive Order
(E.O.) 14024 are authorized, provided that:
(1) The aircraft is registered in a
jurisdiction solely outside of the Russian
Federation; and
(2) The goods, technology, or services that
are provided, exported, or reexported are for
use on aircraft operated solely for civil
aviation purposes.
(b) This general license does not authorize:
(1) Any transactions prohibited by
Directive 2 under E.O. 14024, Prohibitions
Related to Correspondent or PayableThrough Accounts and Processing of
Transactions Involving Certain Foreign
Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024, Prohibitions
Related to Transactions Involving the Central
Bank of the Russian Federation, the National
Wealth Fund of the Russian Federation, and
the Ministry of Finance of the Russian
Federation; or
(3) Any transactions otherwise prohibited
by the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587
(RuHSR), including transactions involving
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17:08 Dec 27, 2022
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any person blocked pursuant to the RuHSR
other than the blocked entities listed in the
Annex to this general license, unless
separately authorized.
(c) Effective November 14, 2022, General
License No. 40B, dated August 3, 2022, is
replaced and superseded in its entirety by
this General License No. 40C.
Note to General License 40C. Nothing in
this general license relieves any person from
compliance with any other Federal laws or
requirements of other Federal agencies,
including export, reexport, and transfer (incountry) licensing requirements maintained
by the Department of Commerce’s Bureau of
Industry and Security under the Export
Administration Regulations, 15 CFR parts
730–774.
Andrea M. Gacki
Director, Office of Foreign Assets Control.
Dated: November 14, 2022.
Annex—Blocked Entities Described in
Paragraph (a) of General License 40C
List of blocked entities described in
paragraph (a) of General License 40C:
(a) Public Joint Stock Company United
Aircraft Corporation;
(b) Irkut Corporation Joint Stock Company;
(c) Energotsentr Irkut;
(d) Irkut-Avtotrans;
(e) Irkut-Remstroi;
(f) Irkut-Stanko Service;
(g) Rapart Servisez;
(h) Sportivno-Ozdorovitelnyi Tsentr IrkutZenit;
(i) Tipografiya Irkut;
(j) Joint Stock Company Ilyushin Finance
Company;
(k) Open Joint Stock Company Ilyushin
Aviation Complex;
(l) Public Joint Stock Company Taganrog
Aviation Scientific-Technical Complex N.A.
G.M. Beriev;
(m) Joint Stock Company Flight Research
Institute N.A. M.M. Gromov;
(n) Tupolev Public Joint Stock Company;
(o) Limited Liability Company KapoAvtotrans;
(p) Limited Liability Company KapoZhilbitservis;
(q) Limited Liability Company Networking
Company Irkut;
(r) Joint Stock Company State
Transportation Leasing Company;
(s) Emperor Aviation LTD; or
(t) Any entity in which one or more of the
above persons own, directly or indirectly,
individually or in the aggregate, a 50 percent
or greater interest.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–28240 Filed 12–27–22; 8:45 am]
BILLING CODE 4810–AL–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0607]
RIN 1625–AA00
Safety Zone; Chinese Harbor, Santa
Cruz Island, California
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing a temporary safety zone for
the navigable waters in Chinese Harbor
of Santa Cruz Island, California. This
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by ongoing oil recovery
operations relating to the grounding of
a 60-foot fishing vessel in Chinese
Harbor. Entry of persons or vessels into
this safety zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Los Angeles—Long
Beach (COTP), or his designated
representative.
DATES: This rule is effective without
actual notice from December 28, 2022
until January 4, 2023. For the purposes
of enforcement, actual notice will be
used from December 21, 2022 until
December 28, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0607 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email LCDR Maria Wiener,
Waterways Management, U.S. Coast
Guard Sector Los Angeles—Long Beach;
telephone (310) 357–1603, email D11SMB-SectorLALB-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Rules and Regulations
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This is an emergency
response to a vessel grounding and
immediate action is needed to respond
to potential safety hazards associated
with the emergency oil recovery
operations. It is impracticable to publish
an NPRM because we must establish
this safety zone by December 21, 2022.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to ensure the safety of persons,
vessels, and the marine environment in
the vicinity of Chinese Harbor during
emergency oil recovery operations.
TKELLEY on DSK125TN23PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231) and 46
U.S.C. 70011(b)(3). The Captain of the
Port Sector Los Angeles—Long Beach
(COTP) has determined that potential
hazards associated with emergency oil
recovery operations will be a safety
concern for anyone within a 4,000-yard
radius of the grounded fishing vessel in
Chinese Harbor. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while oil
recovery operations take place in the
vicinity of Chinese Harbor.
IV. Discussion of the Rule
This rule establishes a safety zone
from December 21, 2022 until January 4,
2023. The safety zone will cover all
navigable waters from the surface to the
sea floor in and around Chinese Harbor
from the location of the commercial
fishing vessel SPERANZA MARIE
(Official Number 643138), currently on
the shoreline at 34°01.59′ N, 119°36.32′
W and extending out along a 4,000-yard
radius from the vessel. These
coordinates are based on North
American Datum of 1983. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or his
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17:08 Dec 27, 2022
Jkt 259001
designated representative. Sector Los
Angeles—Long Beach may be contacted
on VHF–FM Channel 16 or (310) 521–
3801. The marine public will be notified
of the safety zone via Broadcast Notice
to Mariners.
A Designated representative means a
Coast Guard a Coast Guard coxswain,
petty officer, or other officer operating a
Coast Guard vessel designated by or
assisting the Captain of the Port Sector
Los Angeles-Long Beach (COTP) in the
enforcement of the safety zone.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the limited size of the zone,
which encompasses a two nautical mile
radius at Chinese Harbor and two week
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone, which will
impact a small, designated area of
Chinese Harbor, Santa Cruz Island, CA.
Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 regarding the
safety zone and the rule allows vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
PO 00000
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79805
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.
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79806
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
Rev. 1, associated implementing
instructions, and COMDTINST 5090.1
(series), which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing an area extending
4,000 yards out from a grounded vessel
in vicinity of Chinese Harbor and will
last only while oil recovery operations
are ongoing. It is categorically excluded
from further review under paragraph
L60, in Appendix A, Table 1 of DHS
Instruction Manual 023–001–01, Rev. 1.
A Record of Environmental
Consideration (REC) is not require for
emergency operations, but will be
created if necessary.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
TKELLEY on DSK125TN23PROD 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:
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. T11–119 to read as
follows:
■
§ 165. T11–119 Safety Zone; Chinese
Harbor, Santa Cruz Island, California.
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor in and
around Chinese Harbor from the vessel
SPERANZA MARIE, currently on the
shoreline at 34°01.59′ N, 119°36.32′ W,
and extending out along a 4,000-yard
radius from the vessel. These
coordinates are based on North
American Datum of 1983.
(b) Definitions. As used in this
section, Designated representative
means a Coast Guard a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel
designated by or assisting the Captain of
the Port Sector Los Angeles-Long Beach
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by hailing Coast Guard
Sector Los Angeles—Long Beach on
VHF–FM Channel 16 or calling at (310)
521–3801. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from December 21,
2022 through January 4, 2023. The
marine public will be notified of this
safety zone via Broadcast Notice to
Mariners. If the Captain of the Port
determines that the zone need not be
enforced during this entire period, the
Coast Guard will announce via
Broadcast Notice to Mariners when the
zone will no longer be subject to
enforcement.
Dated: December 21, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Los Angeles—Long Beach.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[FR Doc. 2022–28163 Filed 12–27–22; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
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17:08 Dec 27, 2022
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PO 00000
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0846; FRL–9304–02–
R9]
Air Plan Approval; California; San
Joaquin Valley Unified Air Pollution
Control District; South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) and South Coast Air
Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) from flares. We are
approving these local rules to regulate
these emission sources under the Clean
Air Act (CAA or the Act).
DATES: These rules are effective on
January 27, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0846. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4129 or by
email at sherman.donnique@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
E:\FR\FM\28DER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Rules and Regulations]
[Pages 79804-79806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28163]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0607]
RIN 1625-AA00
Safety Zone; Chinese Harbor, Santa Cruz Island, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
for the navigable waters in Chinese Harbor of Santa Cruz Island,
California. This temporary safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
ongoing oil recovery operations relating to the grounding of a 60-foot
fishing vessel in Chinese Harbor. Entry of persons or vessels into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port Sector Los Angeles--Long Beach (COTP), or his designated
representative.
DATES: This rule is effective without actual notice from December 28,
2022 until January 4, 2023. For the purposes of enforcement, actual
notice will be used from December 21, 2022 until December 28, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0607 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Maria Wiener, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone (310) 357-1603, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and
[[Page 79805]]
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. This is an
emergency response to a vessel grounding and immediate action is needed
to respond to potential safety hazards associated with the emergency
oil recovery operations. It is impracticable to publish an NPRM because
we must establish this safety zone by December 21, 2022.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to ensure the safety of persons, vessels, and the
marine environment in the vicinity of Chinese Harbor during emergency
oil recovery operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231) and 46 U.S.C. 70011(b)(3). The
Captain of the Port Sector Los Angeles--Long Beach (COTP) has
determined that potential hazards associated with emergency oil
recovery operations will be a safety concern for anyone within a 4,000-
yard radius of the grounded fishing vessel in Chinese Harbor. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while oil recovery
operations take place in the vicinity of Chinese Harbor.
IV. Discussion of the Rule
This rule establishes a safety zone from December 21, 2022 until
January 4, 2023. The safety zone will cover all navigable waters from
the surface to the sea floor in and around Chinese Harbor from the
location of the commercial fishing vessel SPERANZA MARIE (Official
Number 643138), currently on the shoreline at 34[deg]01.59' N,
119[deg]36.32' W and extending out along a 4,000-yard radius from the
vessel. These coordinates are based on North American Datum of 1983. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or his designated representative.
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or
(310) 521-3801. The marine public will be notified of the safety zone
via Broadcast Notice to Mariners.
A Designated representative means a Coast Guard a Coast Guard
coxswain, petty officer, or other officer operating a Coast Guard
vessel designated by or assisting the Captain of the Port Sector Los
Angeles-Long Beach (COTP) in the enforcement of the safety zone.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited size
of the zone, which encompasses a two nautical mile radius at Chinese
Harbor and two week duration of the safety zone. Vessel traffic will be
able to safely transit around this safety zone, which will impact a
small, designated area of Chinese Harbor, Santa Cruz Island, CA.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 regarding the safety zone and the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
[[Page 79806]]
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone encompassing an area extending 4,000 yards out from a
grounded vessel in vicinity of Chinese Harbor and will last only while
oil recovery operations are ongoing. It is categorically excluded from
further review under paragraph L60, in Appendix A, Table 1 of DHS
Instruction Manual 023-001-01, Rev. 1. A Record of Environmental
Consideration (REC) is not require for emergency operations, but will
be created if necessary.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165. T11-119 to read as follows:
Sec. 165. T11-119 Safety Zone; Chinese Harbor, Santa Cruz Island,
California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor in and around Chinese Harbor
from the vessel SPERANZA MARIE, currently on the shoreline at
34[deg]01.59' N, 119[deg]36.32' W, and extending out along a 4,000-yard
radius from the vessel. These coordinates are based on North American
Datum of 1983.
(b) Definitions. As used in this section, Designated representative
means a Coast Guard a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel designated by or assisting the
Captain of the Port Sector Los Angeles-Long Beach (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by hailing Coast Guard Sector Los Angeles--Long Beach on
VHF-FM Channel 16 or calling at (310) 521-3801. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from December
21, 2022 through January 4, 2023. The marine public will be notified of
this safety zone via Broadcast Notice to Mariners. If the Captain of
the Port determines that the zone need not be enforced during this
entire period, the Coast Guard will announce via Broadcast Notice to
Mariners when the zone will no longer be subject to enforcement.
Dated: December 21, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2022-28163 Filed 12-27-22; 8:45 am]
BILLING CODE 9110-04-P
