[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43694-43696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18119]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0589]
RIN 1625-AA87
Security Zone; Los Angeles Fleet Week, 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 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, public vessels moored, and the people
attending the event. This regulation prohibits vessels from entering
into, transiting through, or remaining within the designated area
unless specifically authorized by the Captain of the Port Sector Los
Angeles--Long Beach, or a designated representative.
DATES: This rule is effective from midnight on August 27, 2019, through
11:59 p.m. on September 3, 2019. The rule will be enforced from
midnight to 11:59 p.m. each day.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0589 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
proposed rulemaking, call or email MST1 Benjamin Martin, Waterways
Management Branch, 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
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 because it is impracticable due to the lack
of sufficient time to provide a reasonable comment period and consider
those comments before issuing the rule and establishing the security
zone by August 27, 2019.
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 protect the area surrounding the LA World Cruise
Center, public vessels moored, and the people attending the event.
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 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. For these reasons the Coast Guard believes
that a temporary security zone is necessary to ensure the safety of,
and reduce the risk to, the public, and mariners, in the Port of Los
Angeles.
IV. Discussion of the Rule
This rule establishes a temporary security zone from midnight on
August 27, 2019 through 11:59 p.m. on September 3, 2019, encompassing
all navigable waters from the surface to the sea floor consisting of a
line connecting the following coordinates: 33[deg]44.921' N,
118[deg]16.701' W; 33[deg]44.818' N, 118[deg]16.494' W; 33[deg]44.626'
N, 118[deg]16.590' W; 33[deg]44.609' N, 118[deg]16.485' W;
33[deg]44.768' N, 118[deg]16.393' W; 33[deg]44.908' N, 118[deg]16.475'
W; and 33[deg]44.966' N, 118[deg]16.665' W. All coordinates displayed
are referenced by North American Datum of 1983, World Geodetic System,
1984.
No vessel or person is permitted to operate in the security zone
without obtaining permission from the COTP or the COTP's designated
representative. A designated representative is 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 COTP in the enforcement of the
security zone. 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. Upon being hailed by a Coast Guard vessel or designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
The general boating public will be notified prior to the
enforcement of the temporary security zone via Broadcast Notice to
Mariners.
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
[[Page 43695]]
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.''
This regulatory action determination is based on the size,
location, and duration of the security zone. Although this rule
restricts access to the waters encompassed by the temporary security
zone, the local waterway users will be notified via public Broadcast
Notice to Mariners and will be able to plan their route in advance,
which will minimize the access restriction. The entities most likely to
be affected are waterfront facilities, commercial vessels, and pleasure
craft engaged in recreational activities.
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
temporary security 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 Environmental Planning 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 security zone encompassing an area
around the Los Angeles Fleet Week events. Such actions are
categorically excluded from further review under paragraph L60 (a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. An environmental analysis checklist supporting this
determination and Record of Environmental Consideration (REC) are
available in the docket where indicated under ADDRESSES.
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
addresses 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. T11-0589 to read as follows:
Sec. 165. T11-0589 Security Zone; Los Angeles Fleet Week, San Pedro,
California.
(a) Location. The following area is a security zone: All navigable
waters in the Port of Los Angeles Main Channel from the surface to the
sea floor consisting of a line connecting the following coordinates:
33[deg]44.921' N, 118[deg]16.701' W; 33[deg]44.818' N, 118[deg]16.494'
W; 33[deg]44.626' N,
[[Page 43696]]
118[deg]16.590' W; 33[deg]44.609' N, 118[deg]16.485' W; 33[deg]44.768'
N, 118[deg]16.393' W; 33[deg]44.908' N, 118[deg]16.475' W; and
33[deg]44.966' N, 118[deg]16.665' 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 Sector 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.
(3) Upon being hailed by a Coast Guard vessel or his designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
(d) Enforcement period. This section will be enforced each day from
midnight to 11:59 p.m. during the Los Angeles Fleet Week event from
August 27, 2019, to September 3, 2019. No vessel or person will be
permitted to operate in the security zone without obtaining permission
from the COTP or designated representative. General boating public will
be notified prior to the enforcement of the temporary security zone via
Broadcast Notice to Mariners.
Dated: August 16, 2019.
R.E. Ore,
Captain, U.S. Coast Guard, Acting, Captain of the Port Sector Los
Angeles--Long Beach.
[FR Doc. 2019-18119 Filed 8-21-19; 8:45 am]
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