[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24024-24026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09518]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0227]
RIN 1625-AA00
Safety Zone; Newport Beach Harbor Grand Canal Bridge
Construction; Newport Beach, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Newport Harbor Grand Canal on Balboa Island. This
temporary safety zone is being established to provide for the safety of
the waterway users during bridge construction over a 10 month period.
Transiting through or within this temporary safety zone is prohibited
unless specifically authorized by the Captain of the Port, Los
Angeles--Long Beach, or her designated representative.
DATES: This rule is effective without actual notice from April 25, 2016
through January 31, 2017. For purposes of enforcement, actual notice
will be used from April 4, 2016 until April 25, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0227 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BMC James Morgia, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone (310) 521-3860, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 24025]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' An NPRM is unnecessary and for this regulation because
local authorities have already notified boaters not to transit the
waterway during bridge construction and the Grand Canal waterway
typically only experiences minimal vessel traffic, by small personal
pleasure crafts. An NPRM is impractical for this regulation because the
Coast Guard did not receive notice of the April 4 construction until
March 8, 2016, and the construction schedule cannot be moved. Under 5
U.S.C. 553(d)(3), the Coast Guard finds good cause for making this rule
effective less than 30 days after publication in the Federal Register.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective without 30 days advanced notice
of the rule. Delaying the effective date of the rule is impractical and
unnecessary for the same reasons specified above: (1) Local authorities
have already notified boaters not to transit the waterway during bridge
construction, (2) the Coast Guard did not receive notice of the April 4
construction until March 8, 2016, and (3) the Grand Canal waterway
typically only experiences minimal vessel traffic, by small personal
pleasure craft.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Los Angeles--Long Beach (COTP) has
determined that potential hazards, like falling debris and heavy
equipment operations in and near the waterway create a serious safety
concern for anyone transiting the waterway during construction. This
temporary safety zone is necessary to ensure the safety of, and reduce
the risk to, the public, and mariners, in vicinity of the Newport
Harbor Grand Canal.
IV. Discussion of the Rule
The U.S. Coast Guard is establishing a temporary safety zone on
April 4, 2016 to January 31, 2017, encompassing all navigable waters
from the surface to the sea floor within the following coordinates:
33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N. 117[deg]53.324'
W., 33[deg]36.438' N. 117[deg]53.343' W., 33[deg]36.312' N.
117[deg]53.341' W. All coordinates displayed are referenced by North
American Datum of 1983, World Geodetic System, 1984.
This temporary safety zone will be effective from 6:00 a.m. on
April 4, 2016, to 11:59 p.m. on January 31, 2017. No vessel or person
is permitted to operate in the safety zone without obtaining permission
from the Captain of the Port (COTP) or the COTP's designated
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
The implementation of this temporary safety zone is necessary for
the protection of all waterway users. The size of the zone is the
minimum necessary to provide adequate protection for the waterways
users, adjoining areas, and the public. Any hardships experienced by
persons or vessels are considered minimal compared to the interest in
protecting the public.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor within the designated area during the designated enforcement
times. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) This zone will support the safety of vessel traffic
through the area, (ii) this zone is limited in scope and duration,
(iii) the Coast Guard will issue Broadcast Notice to Mariners via VHF-
FM marine channel 16 while the safety zone is enforced.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States,
[[Page 24026]]
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. We have analyzed this rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T11-772 to read as follows:
Sec. 165.T11-772 Safety Zone; Newport Beach Harbor Grand Canal Bridge
Construction; Newport Beach, CA.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor within the following
coordinates: 33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N.
117[deg]53.324' W., 33[deg]36.438' N. 117[deg]53.343' W.,
33[deg]36.312' N. 117[deg]53.341' W. All coordinates displayed are
referenced by North American Datum of 1983, World Geodetic System,
1984.
(b) Definitions. For the purposes of this section:
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Los Angeles-Long
Beach (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 16 or 310-521-3801. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from April 4,
2016 to January 31, 2017.
Dated: March 23, 2016.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2016-09518 Filed 4-22-16; 8:45 am]
BILLING CODE 9110-04-P