[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Rules and Regulations]
[Pages 44696-44698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18396]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0590]
RIN 1625-AA00
Safety 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 safety zone
in the Port of Los Angeles Main Channel, in support of the U. S. Coast
Guard aviation and waterborne asset demonstration for Los Angeles Fleet
Week. This action is necessary to provide for the safety of life on
these navigable waters in the area of the Coast Guard air and water
demonstration and to protect the high concentration of people attending
the event. This regulation would prohibit 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 10:00 a.m. August 31, 2019 through
4:00 p.m. on September 2, 2019. The rule will be enforced from 10:00
a.m. to 4:00 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-
2019-0590 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
rulemaking, call or email MST1 Benjamin Martin, Waterways Management
Branch, U.S. Coast Guard Sector Los Angeles--Long Beach;
[[Page 44697]]
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
NPRM Notice of proposed rulemaking
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 safety zone
by August 31, 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 address potentially hazardous conditions associated
with high-speed maneuvers from waterborne vessels and aircraft for a
search and rescue 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, Sector Los Angeles--Long Beach (COTP)
has determined the navigational safety will be affected by the
potentially hazardous conditions associated with event safety due to
the expected high-speed maneuvers from waterborne vessels and aircraft
for a search and rescue demonstration 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 mariners, in the
Port of Los Angeles.
IV. Discussion of the Rule
This rule establishes a temporary security zone from 10 a.m.
through 4 p.m. from August 31, 2019 to September 2, 2019, encompassing
all navigable waters from the surface to the sea floor consisting of a
line connecting the following coordinates: 33[deg]44.386' N
118[deg]16.658' W, 33[deg]44.370' N 118[deg]16.545' W, 33[deg]44.858' N
118[deg]162.86' W, 33[deg]44.897' N 118[deg]16.399' 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 safety zone
without obtaining permission from COTP or the COTP's designated
representative. A 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 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 310-521-3801. 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 safety 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 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, duration of the safety zone. Commercial vessel traffic will
be temporarily impacted by this rule, due to its impact a designated
area of the of Los Angles main channel in the vicinity of the Port of
Los Angeles between Berth's 84-93A. 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 and recreational traffic movements
through the 0.12 square mile safety 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
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
[[Page 44698]]
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 safety zone encompassing a 0.12
square mile area around the Los Angeles Fleet Week events, in the Port
of Los Angeles between Berth's 84-93A, effective from 10 a.m. to 4 p.m.
each day from August 31, 2019 through September 2, 2019. Such actions
are categorically excluded from further review under paragraph 60(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 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.T11-0590 to read as follows:
Sec. 165.T11-0590 Safety Zone; Los Angeles Fleet Week, San Pedro,
California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor in an around bound by the
following coordinates; 33[deg]44.386' N 118[deg]16.658' W,
33[deg]44.370' N 118[deg]16.545' W, 33[deg]44.858' N 118[deg]162.86' W,
33[deg]44.897' N 118[deg]16.399' 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 Sector Angeles--Long Beach (COTP)
in the enforcement of the security 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 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. The temporary safety zone will be enforced
each day from 10 a.m. to 4 p.m. from August 31, 2019 to September 2,
2019.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone Local Notices 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. 2019-18396 Filed 8-26-19; 8:45 am]
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