Safety Zone; Chinese Harbor; Santa Cruz Island, California, 2002-2004 [2023-00488]
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2002
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
(A) Institutional charges (e.g., charges
for facility use, use or treatment rooms,
and general nursing services);
(B) Routine laboratory services related
to the dialysis session;
(C) Pharmaceuticals and supplies
related to the dialysis;
(D) Home dialysis support services
identified at 42 CFR 494.100;
(E) Purchase and delivery of all
necessary home dialysis supplies; and
(F) Dialysis training for days 1–120.
(ii) Services which may be billed
separately:
(A) Evaluation and management
services provided by authorized
individual professional providers. These
services will continue to be reimbursed
using existing reimbursement systems
(e.g., CMAC).
(B) Drugs, supplies, and devices listed
by Medicare as eligible for Transitional
Drug Add-on Payment Adjustment and
Transitional Add-on Payment
Adjustment for New and Innovative
Equipment and Supplies under the
Medicare ESRD PPS. These services will
continue to be reimbursed using
existing reimbursement systems (e.g.,
CMAC).
(C) Professional services, supplies,
and pharmaceuticals unrelated to
dialysis care (e.g., if a flu shot is
administered at the same time as
dialysis treatment). These services will
continue to be reimbursed using
existing reimbursement systems (e.g.,
CMAC).
(iii) Establishment of the flat rate:
(A) Per session rate for treatment days
1–120. The flat, per-session rate shall be
equal to the current Medicare base rate,
multiplied by the current Medicare
adjustment factor applied to individuals
aged 44–69 (7% for CY 22), and further
multiplied by the current Medicare
adjustment factor for the date of onset
(32.7% for CY 2022). The Medicare
factors utilized in subsequent years will
be based on modifications made under
42 CFR part 413, subpart H, Medicare
ESRD PPS.
(B) Per session rate for treatment day
121 and beyond. The flat, per-session
rate shall be equal to the Medicare base
rate, multiplied by the Medicare
adjustment factor applied to individuals
aged 44–69. The Medicare factors
utilized in subsequent years will be
based on modifications made under 42
CFR part 413, subpart H, Medicare
ESRD PPS.
(C) Wage adjustment. The per-session
rates in paragraphs (c)(1)(iii)(A) and (B)
of this section shall be wage adjusted
using the wage adjustment factors and
labor-related shares published in the
most recent Medicare ESRD Final Rule
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16:10 Jan 11, 2023
Jkt 259001
at the time the annual per-session rates
are posted.
(D) Annual updates. The per session
rates will be updated within 90 days of
publication of new Medicare base rates,
and published to the TRICARE website
at www.health.mil.
(E) Dialysis training. To account for
training services and supplies, dialysis
training sessions will receive a home
dialysis training add-on payment for
day treatment days 121 and after. The
training add-on payment will not apply
to treatment days 1–120, as the onset
adjustment factor of 32.7% is applied to
the per-session rate for treatment days
1–120.
(2) The reimbursement methods
established in paragraph (c)(1) of this
section applies to freestanding ESRD
facilities meeting the requirements
established for TRICARE authorized
freestanding ESRD facilities in § 199.6.
For purposes of cost-sharing and
copayments, treatment provided by
freestanding ESRD facilities are
considered outpatient specialty visits.
The applicable copayments and costshares described in §§ 199.4 and
199.17(k)(2)(iii) shall apply. Hospitalbased ESRD facilities are not subject to
the provisions of this paragraph, and
will continue to be reimbursed utilizing
other applicable reimbursement systems
(e.g., the Outpatient Prospective
Payment System).
*
*
*
*
*
Dated: January 6, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–00381 Filed 1–11–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0002]
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
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
SUMMARY:
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created by ongoing oil recovery and
salvage 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
Los Angeles—Long Beach (COTP), or
their designated representative.
DATES: This rule is effective without
actual notice from January 12, 2023
until January 23, 2023. For the purposes
of enforcement, actual notice will be
used from January 5, 2023, until January
12, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0002 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:
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
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)
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 January 05, 2023.
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD 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 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 500-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 January 05, 2023, through January
23, 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°01.87′ N, 119°36.25′
W and extending out along a 500-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.
Designated representative means a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel designated by or assisting the
COTP in the enforcement of the safety
zone.
If the COTP 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
VerDate Sep<11>2014
16:10 Jan 11, 2023
Jkt 259001
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 size, location, duration,
and time-of-year of the safety zone. This
rule impacts an area of 500-yards during
for 19 days during the month of January
2023. 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.
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
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2003
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 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
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
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
500-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.
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:
BILLING CODE 9110–04–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
Civil Penalties Adjustment for 2023
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.
2. Add § 165. T11–120 to read as
follows:
■
khammond on DSKJM1Z7X2PROD with RULES
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties
(CMPs) that may be imposed for
violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s
Restrictions on Lobbying to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act). The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act) to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
This final rule provides the 2023 annual
inflation adjustments to the initial
‘‘catch-up’’ adjustments made on June
15, 2017, and reflects all other inflation
adjustments made in the interim.
SUMMARY:
§ 165. T11–120 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°01.87′ N, 119°36.25′ W,
and extending out along a 500-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 coxswain, petty
officer, or other officer operating a Coast
Guard vessel designated by or assisting
the Captain of the Port Los Angeles—
Long Beach (COTP) in the enforcement
of the safety zone.
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45 CFR Parts 1149 and 1158
RIN 3135–AA33
1. The authority citation for part 165
continues to read as follows:
■
16:10 Jan 11, 2023
Dated: January 4, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Los Angeles—Long Beach.
[FR Doc. 2023–00488 Filed 1–11–23; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
(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 January 5, 2023,
through January 23, 2023. If the COTP
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.
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DATES:
This rule is effective January 12,
2023.
FOR FURTHER INFORMATION CONTACT:
Daniel Fishman, Assistant General
Counsel, National Endowment for the
Arts, 400 7th St. SW, Washington, DC
20506, Telephone: 202–682–5418.
SUPPLEMENTARY INFORMATION:
1. Background
On December 12, 2017, the NEA
issued a final rule entitled ‘‘Federal
Civil Penalties Adjustments’’,1 which
finalized the NEA’s June 15, 2017,
interim final rule entitled
‘‘Implementing the Federal Civil
Penalties Adjustment Act Improvements
Act’’,2 implementing the 2015 Act
(section 701 of Pub. L. 114–74), which
amended the Inflation Adjustment Act
(28 U.S.C. 2461 note) requiring catch-up
and annual adjustments to the NEA’s
CMPs. The 2015 Act requires agencies
make annual adjustments to its CMPs
for inflation.
A CMP is defined in the Inflation
Adjustment Act as any penalty, fine, or
other sanction that is (1) for a specific
monetary amount as provided by
Federal law, or has a maximum amount
provided for by Federal law; (2)
assessed or enforced by an agency
pursuant to Federal law; and (3)
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
These annual inflation adjustments
are based on the percentage change in
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October preceding the date of the
adjustment, relative to the October CPI–
U in the year of the previous
adjustment. The formula for the amount
of a CMP inflation adjustment is
prescribed by law, as explained in
Office of Management and Budget
(OMB) Memorandum M–16–06
(February 24, 2016), and therefore the
amount of the adjustment is not subject
to the exercise of discretion by the
Chairman of the National Endowment
for the Arts (Chairman).
OMB has issued guidance on
implementing and calculating the 2023
adjustment under the 2015 Act.3 Per
this guidance, the CPI–U adjustment
multiplier for this annual adjustment is
1.07745. In its prior rules, the NEA
identified two CMPs, which require
adjustment: the penalty for false
statements under the PFCRA and the
penalty for violations of the NEA’s
Restrictions on Lobbying. With this rule,
1 82
FR 58348.
FR 27431.
3 OMB Memorandum M–22–05 (December 15,
2022).
2 82
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]]>Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 2002-2004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00488]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0002]
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 safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by ongoing
oil recovery and salvage 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 Los Angeles--Long Beach (COTP), or their designated
representative.
DATES: This rule is effective without actual notice from January 12,
2023 until January 23, 2023. For the purposes of enforcement, actual
notice will be used from January 5, 2023, until January 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0002 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 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)
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 January 05, 2023.
[[Page 2003]]
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 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 500-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 January 05, 2023, through
January 23, 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]01.87' N,
119[deg]36.25' W and extending out along a 500-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.
Designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the COTP in the enforcement of the safety zone.
If the COTP 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.
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 size,
location, duration, and time-of-year of the safety zone. This rule
impacts an area of 500-yards during for 19 days during the month of
January 2023. 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.
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 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
[[Page 2004]]
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 500-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.
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. 2.
0
2. Add Sec. 165. T11-120 to read as follows:
Sec. 165. T11-120 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]01.87' N, 119[deg]36.25' W, and extending out along a 500-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 coxswain, petty officer, or other officer operating
a Coast Guard vessel designated by or assisting the Captain of the Port
Los Angeles--Long Beach (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 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 January
5, 2023, through January 23, 2023. If the COTP 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: January 4, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2023-00488 Filed 1-11-23; 8:45 am]
BILLING CODE 9110-04-P
