[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35138-35140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15945]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0414]
RIN 1625-AA00


Safety Zone; Huntington Beach Airshow, Huntington Beach, 
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard proposes establishing a safety zone 
offshore of Huntington Beach, CA, in support of the Huntington Beach 
Airshow. This action is necessary to provide for the safety of life on 
these navigable waters in the area of the aerobatic zone during the 
performance. This proposed rulemaking would prohibit persons and 
vessels from entering into, transiting through, or remaining within the 
designated area unless specifically authorized by the Captain of the 
Port, Los Angeles-Long Beach, or her designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 21, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0414 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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: 

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 City of Huntington Beach and Air Support LLC notified the Coast 
Guard that it will be conducting an annual four-day Air Show in the 
vicinity of the Huntington Beach Pier in September and October. Hazards 
associated with navigation safety may arise due to multiple low flying 
aircrafts flight paths and stunt performances over the waters off 
Huntington Beach. The Captain of the Port Los Angeles-Long Beach has 
determined that potential hazards associated with the Air Show 
performance would be a safety concern for anyone in the vicinity of the 
Air Show aerobatic performance area.
    The purpose of this rulemaking is to ensure the safety of persons 
or vessels that operate on and in the vicinity of the aerobatic 
performance. The Coast Guard proposes this rulemaking under the 
authority of 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone that would be enforced 
for a period of four days in September and October each year. The 
safety zone would encompass all navigable waters from the surface to 
the sea floor consisting of a line connecting the following 
coordinates: 33[deg]38.378' N., 117[deg]58.833' W.; 33[deg]37.972' N., 
117[deg]59.200' W.; 33[deg]39.177' N., 118[deg]01.121' W.; and 
33[deg]39.583' N., 118[deg]00.753' W.. All coordinates displayed are 
referenced by North American Datum of 1983, World Geodetic System, 
1984. During the enforcement period, vessels would be prohibited from 
entering into, transiting through, or remaining within the designated 
area unless authorized by the Captain of the Port or her designated 
representative. General boating public would be notified prior to the 
enforcement of the safety zone via Broadcast Notice to Mariners. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. 
Executive Order 13771, directs agencies to control regulatory costs 
through a budgeting process.'' This NPRM has not been designated a 
``significant regulatory action'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB), and pursuant to OMB guidance, it is exempt from the 
requirements of E.O. 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic would be able 
to safely transit around this safety zone, which would impact a small 
designated area of the Huntington Beach shoreline in the vicinity of 
the Huntington Beach Pier. 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

[[Page 35139]]

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed 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, 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 proposed 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 proposed 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 proposed 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 proposed rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 proposed rule involves a safety zone encompassing an 
area of the Air show aerobatic performance box over a 4 day period 
lasting 8 hours per day. This proposed rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration 
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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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;

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Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.1109 to read as follows:


Sec.  165.1109  Safety Zone; Huntington Beach Airshow, Huntington 
Beach, California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor consisting of a line 
connecting the following coordinates: 33[deg]38.378' N., 
117[deg]58.833' W.; 33[deg]37.972' N., 117[deg]59.200' W.; 
33[deg]39.177' N., 118[deg]01.121' W.; and 33[deg]39.583' N., 
118[deg]00.753' 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, hail Coast Guard Sector Los 
Angeles-Long Beach on VHF-FM Channel 16 or call 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. The safety zone will be enforced during 
airshow demonstrations for 4 days in September and October. The Coast 
Guard will provide notice regarding specific event dates and times, 
which will be published in the local notice to mariners at least 20 
days prior to the event via Broadcast Notice to Mariners.

     Dated: July 21, 2017.
Monica L. Rochester,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long 
Beach.
[FR Doc. 2017-15945 Filed 7-27-17; 8:45 am]
 BILLING CODE 9110-04-P