[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35136-35138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15946]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0645]
RIN 1625-AA87


Security Zone; Los Angeles Fleet Week, San Pedro, California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard proposes establishing a security zone in 
the Port of Los Angeles Main Channel, in support of Los Angeles Fleet 
Week. This action is necessary to protect the area surrounding the LA 
World Cruise Center and the high concentration of people attending the 
event. This proposed rulemaking is necessary to prohibit 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-
2017-0645 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, Purpose, and Legal Basis

    The Port of Los Angeles and the City of Los Angeles Fleet Week 
Committee has notified the Coast Guard that it will be conducting an 
annual LA Fleet Week event at the LA World Cruise Center, Berth 90-93, 
annually for a period of seven days around the Labor Day holiday 
weekend. The event at the LA World Cruise Center is expected to 
generate over 250,000 people in attendance each year. Hazards 
associated with event security may arise due to the expected high 
concentration of people in attendance for the event, including 
potential visits from dignitaries and VIP participants, within the main 
shipping channel of the nation's most economically vital port complex. 
There is increased awareness regarding recent national and worldwide 
events that have demonstrated direct threats to the security of large 
crowds in attendance for various high profile events. The Captain of 
the Port Los Angeles-Long Beach has determined that potential hazards 
associated with the number of people expected to be in attendance on 
the vessels and pier within LA Harbor are a significant concern for 
public security.
    The purpose of this rulemaking is to ensure the safety of, and 
reduce the risk to, the persons in attendance for LA Fleet Week. 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 security zone for 7 days during 
the Labor Day holiday weekend in August and September during the Fleet 
Week. The security zone would encompass all navigable waters from the 
surface to the sea floor consisting of a line connecting the following 
coordinates: 33[deg]44.967' N., 118[deg]16.664' W.; 33[deg]44.874' N., 
118[deg]16.362' W.; 33[deg]44.662' N., 118[deg]16.454' W.; 
33[deg]44.370' N., 118[deg]16.580' W.; and 33[deg]44.386' N., 
118[deg]16.696' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984. During the 
enforcement period, vessels are 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 security 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

    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. 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 Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the security zone. Commercial vessel traffic 
will be able to safely transit through this security zone, which will 
impact a designated area of the LA main channel in the vicinity of the 
World Cruise Center Berth 90-93. The Coast Guard and Inter Agency 
Unified Command will establish communications with the LA Pilots and 
Vessel Traffic Service/Marine Exchange to coordinate and mitigate all 
inbound and outbound commercial traffic movements through the security 
zone. Recreational traffic will be able to transit around this security 
zone, which extends 200 yds into the LA main channel leaving 150 to 200 
yds of transit area for small vessel traffic to pass around the 
security 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.

[[Page 35137]]

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 
security 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 proposed 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 proposed 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 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 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 security zone encompassing 
an area around the Los Angeles Fleet Week events. Such actions are 
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; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.1189 to read as follows:


Sec.  165.1189  Security Zone; Los Angeles Fleet Week, San Pedro, 
California.

    (a) Location. The following area is a security zone: All navigable 
waters from the surface to the sea floor consisting of a line 
connecting the following coordinates: 33[deg]44.967' N., 
118[deg]16.664' W.; 33[deg]44.874' N., 118[deg]16.362' W.; 
33[deg]44.662' N., 118[deg]16.454' W.; 33[deg]44.370' N., 
118[deg]16.580' W.; and 33[deg]44.386' N., 118[deg]16.696' W. All 
coordinates displayed are referenced by North American Datum of 1983, 
World Geodetic System, 1984.

[[Page 35138]]

    (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 security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security 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 security 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 security zone will be enforced annually 
for a period of seven days around the Labor Day holiday weekend in 
August and September. During the enforcement period, vessels are 
prohibited from entering into, transiting through, or remaining within 
the designated area unless authorized by the Captain of the Port or her 
designated representative. The Coast Guard will publish a local notice 
to mariners providing exact dates and times at least 20 days prior to 
the enforcement of the security zone 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. 2017-15946 Filed 7-27-17; 8:45 am]
 BILLING CODE 9110-04-P