[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Rules and Regulations]
[Pages 10413-10415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1119]
RIN 1625-AA00


Safety Zone; Commandant's State of the Coast Guard Address, San 
Pedro, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone 
in the Port of Los Angeles around a portion of Reservation Point on U. 
S. Coast Guard Base Los Angeles--Long Beach, in support of the U. S. 
Coast Guard aviation and waterborne asset demonstration for the 
Commandant's State of the Coast Guard Address. This action is necessary 
to protect for the safety of life on these navigable waters in the area 
of the Coast Guard asset demonstration. Entry of persons or vessels 
into this temporary safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP), Los Angeles--Long Beach, 
or her designated representative.

DATES: This rule is effective from 12:01 a.m. through 11:59 p.m. on 
March 21, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1119 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 Waterways Management, U.S. Coast Guard Sector Los 
Angeles--Long Beach; telephone (310) 521-3860, or 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) 
with respect to this rule. Publishing an NPRM would be impracticable 
because there is not enough time for Notice and Comment procedures 
before the event. The date for the State of the Coast Guard event was 
not set until February 15, 2019, and the Coast Guard's normal Security 
Zone and Safety Zone processes were interrupted by the extended 
government shutdown in the beginning of 2019.
    We are issuing this rule, and under 5 U.S.C. 553(d) (3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register, as delaying the 
effective date of this rule would be impracticable and potentially 
threaten the Coast Guards ability to enforce safety measures in to 
protect for the safety of life in these navigable waters in the area of 
the Coast Guard asset demonstration.

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 (COTP), Los Angeles--Long Beach has 
determined that potential hazards associated with navigation safety 
that arise because of the potentially hazardous conditions associated 
with event safety due to the expected high-speed maneuvers from 
waterborne vessels and aircraft Search and Rescue demonstration related 
to this event along the main shipping channel of the nation's most 
economically vital port complex. For these reasons, the Coast Guard 
believes that a safety zone is necessary to ensure the safety of, and 
reduce the risk to, the public, and the participants of the event in 
the Port of Los Angeles.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on March 21, 2019, 
encompassing all navigable waters from the surface to the sea floor 
within 500-foot radius in approximate position: 33[deg]43.241' N, 
118[deg]15.942' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984. This temporary 
safety zone will only be enforced between 7:00 a.m. PST and 5:00 p.m. 
PST March 21, 2019. 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. Sector Los Angeles--Long Beach may be 
contacted on VHF-FM Channel 16 or (310) 521-3801. The general boating 
public will be notified prior to the enforcement of the temporary 
safety zone via Broadcast Notice to Mariners.

[[Page 10414]]

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 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. This regulatory 
action determination is based on the size, location, and duration of 
the safety zone. The size of the zone is the minimum necessary to 
provide adequate protection for the waterways users, adjoining areas, 
and the public. The zone will be in place during the scheduled 
Commandant's State of the Coast Guard Address at U. S. Coast Guard base 
Los Angeles--Long Beach, which will be conducted in the vicinity of 
Reservation Point, San Pedro, CA. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
safety zone and the rule allows vessels to seek permission to enter the 
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. 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 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, 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 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. An environmental analysis checklist supporting this 
determination and Record of Environmental Consideration (REC) 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.


[[Page 10415]]


    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. 0170.1.


0
2. Add Sec.  165. T11-1119 to read as follows:


Sec.  165. T11-966  Safety Zone; Commandant's State of the Coast Guard 
Address, San Pedro, California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor within 500-foot radius in 
approximate position: 33[deg]43.241' N, 118[deg]15.942' 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. This section is effective from 12:01 a.m. 
through 11:59 p.m. on March 21, 2019. No vessel or person would be 
permitted to operate in the safety zone without obtaining permission 
from the COTP or her designated representative. This temporary safety 
zone will only be enforced between 7:00 a.m. PST and 5:00 p.m. PST 
March 21, 2019. The general boating public will be notified prior to 
the enforcement of the temporary moving safety zone via Broadcast 
Notice to Mariners.

M.L. Rochester,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2019-05366 Filed 3-20-19; 8:45 am]
 BILLING CODE 9110-04-P