[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Rules and Regulations]
[Pages 35094-35096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12409]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0450]
RIN 1625-AA87


Security Zone; Parker Canyon, Pacific Palisades, CA

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone for 
the navigable waters of Parker Canyon from surface to bottom, 
encompassed by a line connecting the following points beginning at 
34[deg]02'12'' N, 118[deg]33'26'' W; thence to 34[deg]02'19'' N, 
118[deg]34'33'' W; to the shoreline back to the beginning point, off 
the eastern end of Topanga beach, CA, in support of a

[[Page 35095]]

visit from persons under the protection of the United States Secret 
Service (USSS). The security zone is necessary to protect the protected 
person and their official party while on location at the event. All 
vessels and people are prohibited from entering into or remaining 
within the security zone unless specifically authorized by the Captain 
of the Port (COTP) or the COTP's designated on-scene representative.

DATES: This rule is effective from 6 p.m. through 10 p.m. on June 9, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0450 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, 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
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. The Coast Guard 
did not receive notification of this event involving persons under the 
protection of the USSS with sufficient time to issue a NPRM and solicit 
comments. It is impracticable to go through the full notice and comment 
rule making process because the Coast Guard must establish this 
security zone by June 9, 2022, and lacks sufficient time to provide a 
reasonable comment period and to consider those comments before issuing 
the rule.
    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 impracticable and contrary to the public interest. 
This rule must be effective on June 9, 2022, to guard against potential 
acts of terrorism, sabotage, subversive acts, accidents, or other 
causes of a similar nature.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 and 70011, as delegated by Department of Homeland Security (DHS) 
Delegation No.00170.1(II)(70), Revision No. 01.2, from the Secretary of 
DHS to the Commandant of the U.S. Coast Guard, and further redelegated 
by 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 to the Captain of the Port. 
In addition, the Coast Guard has authority to establish water or 
waterfront safety zones, or other measures, for limited, controlled, or 
conditional access and activity when necessary for the protection of 
any vessel, structure, waters, or shore area, 46 U.S.C. 70011(b)(3). 
This rule safeguards the lives of persons protected by the Secret 
Service, and of the general public, by enhancing the safety and 
security of navigable waters of the United States during USSS protected 
presence. The Captain of the Port Los Angeles--Long Beach determined 
that potential hazards may arise due to the persons under the 
protection of the USSS and their official party will be attending an 
event off Pacific Palisades, CA, on June 9, 2022. The USSS requested 
that the Coast Guard establish a security zone on the waters 
surrounding the event location off the eastern end of Topanga beach, 
Pacific Palisades, CA. The purpose of the temporary security zone is to 
facilitate the security and safety of the persons under the protection 
of the USSS during the visit.
    As a result, in consultation with the USSS, the Captain of the Port 
Los Angeles--Long Beach has determined that the security zone is 
necessary to provide security for the protected person and his official 
party.

IV. Discussion of the Rule

    This rule establishes a security zone from 6 p.m. until 10 p.m. on 
June 9, 2022. The security zone will cover all navigable waters of 
Parker Canyon from surface to bottom, encompassed by a line connecting 
the following points beginning at 34[deg]02'12'' N, 118[deg]33'26'' W; 
thence to 34[deg]02'19'' N, 118[deg]34'33'' W; to the shoreline back to 
the beginning point, off the eastern end of Topanga beach, CA. The 
duration of the zone is necessary to protect the persons under the 
protection of the USSS and the official party while on location at the 
event. No vessel or person will be permitted to enter the security 
zone, or to remain within the security 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 security zone. The security zone impacts 
a small designated area in the surrounding waters of Topanga beach, 
Pacific Palisades, CA, for less than four hours. Moreover, the rule 
allows vessels to seek permission to enter the zone. The Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 to 
provide members of the public with information about 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.

[[Page 35096]]

    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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 lasting less than six hours that will prohibit entry 
within a small designated area. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T11-098 to read as follows:


Sec.  165.T11-098   Security Zone; Parker Canyon, Pacific Palisades, 
CA.

    (a) Location. The following area is a security zone: all navigable 
waters of Parker Canyon from surface to bottom, encompassed by a line 
connecting the following points beginning at 34[deg]02'12'' N, 
118[deg]33'26'' W; thence to 34[deg]02'19'' N, 118[deg]34'33'' W; to 
the shoreline back to the beginning point, off the eastern end of 
Topanga beach. These coordinates are based on the North American Datum 
of 1983, World Geodetic System, 1984.
    (b) Definitions. As used in 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 or remain within 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, contact the COTP or the COTP's 
representative by VHF-FM Channel 16 or 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. This section will be enforced on June 9, 
2022, from 6 p.m. through 10 p.m.

    Dated: June 3, 2022.
K.L. Bernstein,
Captain, U.S. Coast Guard, Acting Captain of the Port Los Angeles--Long 
Beach.
[FR Doc. 2022-12409 Filed 6-8-22; 8:45 am]
BILLING CODE P