[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54075-54077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21163]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0692]
RIN 1625-AA00


Safety Zone; Ocean Cup, Pacific Rum Run, Catalina Island, 
California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone near Ship Rock, 
Catalina Island, in support of the Ocean Cup Pacific Rum Run. This 
action is necessary to protect the area near Ship Rock, Catalina 
Island, public vessels, and the high speed vessels participating in 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, Los Angeles--Long 
Beach, or her designated representative.

DATES: This rule is effective from 7 a.m. to 10 a.m. on October 1, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0692 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 LCDR Maria Wiener, 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 Pacific Rum Run race is the fifth race planned as part of the 
Ocean Cup Over the Horizon World Speed Record Series. The racecourse 
begins off Huntington Beach Pier, proceeds to Ship Rock and 
circumnavigates Catalina Island back to Ship Rock, and returns to the 
finish at the Huntington Beach Pier. The Captain of the Port (COTP), 
Los Angeles--Long Beach has determined that potential hazards 
associated with event safety may arise due to the expected high 
concentration of vessels in the general area along with the high-speed 
race vessels. 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 around Catalina Island.
    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. The Coast Guard 
did not receive final details for this event until August 25, 2021. 
There was insufficient time to undergo the full rulemaking process, 
including providing a reasonable comment period and considering those 
comments, because the Coast Guard must establish this temporary safety 
zone by September 30, 2021.
    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 aircraft and waterborne vessels 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 (previously 33 U.S.C. 1231). The Captain of the Port (COTP), Los 
Angeles--Long Beach has determined that potential hazards associated 
with event safety may arise due to the expected high concentration of 
vessels in the general area along with the high-speed race vessels. The 
purpose of this rule is to ensure the safety of, and reduce the risk 
to, the public, and mariners around Catalina Island before, during, and 
after the scheduled event.

[[Page 54076]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. to 10 a.m. on 
October 1, 2021. 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]27'38'' N, 118[deg]30'09'' W, 
33[deg]27'51'' N, 118[deg]29'53'' W 33[deg]27'34'' N, 118[deg]28'54'', 
33[deg]27'12'' N, 118[deg]29'17'' W. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled race. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 safety zone. Commercial vessel traffic 
will be able to safely transit through this safety zone, with 
coordination by the Captain of the Port or their designated 
representative. The Coast Guard and Vessel Traffic Service/Marine 
Exchange will coordinate and mitigate all inbound and outbound 
commercial traffic movements through the race course. Recreational 
traffic will be able to transit around this safety zone, which is near 
the Two Harbors, Catalina entrance.

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. 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.
    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 Executive Order 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 Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 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.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 an area near Ship Rock, Catalina Island for 
the Ocean Cup Pacific Rum Run. It is categorically excluded from 
further review under paragraph 60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is 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

[[Page 54077]]

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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-065 to read as follows:


Sec.  165.T11-065  Safety Zone; Ocean Cup, The Pacific Rum Run, 
Catalina, 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]27'38'' N, 118[deg]30'09'' 
W, 33[deg]27'51'' N, 118[deg]29'53'' W 33[deg]27'34'' N, 
118[deg]28'54'', 33[deg]27'12'' N, 118[deg]29'17'' 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) During the enforcement period, vessels and 
persons are prohibited from entering into, transiting through, or 
remaining within the safety zone described in paragraph (a) of this 
section unless authorized by the Captain of the Port or her 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) Notification. Coast Guard Sector Los Angeles--Long Beach will 
use all appropriate means to notify the public in advance of an event 
of the enforcement of this safety zone to include publishing a Notice 
of Enforcement in the Federal Register and through the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (e) Enforcement period. This safety zone will be enforced from 7 
a.m. to 10 a.m. on October 1, 2021.

    Dated: September 23, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2021-21163 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P