[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8369-8370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02744]



[[Page 8369]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0008]
RIN 1625-AA00


Safety Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone 
for the navigable waters approximately 5 miles offshore of Santa 
Barbara, California. This safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
ongoing aquaculture gear deployment and installation. 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 their designated representative.

DATES: This rule is effective without actual notice from February 9, 
2023 until February 16, 2023. For the purposes of enforcement, actual 
notice will be used from February 2, 2023, until February 9, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2023-0008 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. The exact timeline and timeframe for the 
aquaculture gear installation was not determined until late January and 
immediate action is needed to protect the public from safety hazards 
associated with the aquaculture gear deployment and installation. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by February 2, 2023, and lack sufficient time to publish a rule, 
collect public comments, and to address them before the event date.
    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 Santa Barbara during aquaculture 
gear installation and deployment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Los Angeles--Long Beach (COTP) 
has determined that potential hazards associated with the aquaculture 
gear deployment and installation will be a safety concern for anyone 
within 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to 
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48'' 
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N, 
119[deg]42'50.24'' W; thence to the beginning. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while aquaculture deployment and 
installation is occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from February 2, 2023, through 
February 16, 2023. The safety zone will cover all navigable waters from 
the surface to the sea floor in and around Santa Barbara, CA, starting 
from: 34[deg]20' 13.28'', 119[deg]42'49.84'' W; thence to 
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48'' 
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N, 
119[deg]42'50.24'' W; thence to the beginning. 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 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 16-acres for 14 days during the month of February 
2023. Vessel traffic will be able to safely transit around this safety 
zone, which will impact a small, designated area of Santa Barbara, 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

[[Page 8370]]

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 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 of 16-acres for 14 days during the 
aquaculture gear installation and deployment. It is categorically 
excluded from further review under paragraph L60, in Appendix A, Table 
1 of DHS Instruction Manual 023-001-01, Rev. 1. Due to urgency, a 
record of environmental consideration is not required, but will be 
provided 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3


0
2. Add Sec.  165.T11-121 to read as follows:


Sec.  165.T11-121  Safety Zone; Ocean Rainforest Aquaculture, Santa 
Barbara, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters from the surface to the sea floor in and around Santa Barbara, 
CA, starting from: 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to 
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48'' 
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N, 
119[deg]42'50.24'' W; thence to the beginning. These coordinates are 
based on North American Datum of 1983.
    (b) Definitions. As used in this section, a 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 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 February 
2, 2023, through February 16, 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: February 2, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long 
Beach.
[FR Doc. 2023-02744 Filed 2-8-23; 8:45 am]
BILLING CODE 9110-04-P


