[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52684-52686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18513]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0648]
RIN 1625-AA00


Safety Zone; Ocean Cup, Catalina Island, CA

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

ACTION: Temporary final rule.

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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 during the 
enforcement period unless specifically authorized by the Captain of the 
Port, Los Angeles--Long Beach, or his designated representative.

DATES: This rule is effective from 7 a.m. to 10 a.m. on September 30, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0648 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

[[Page 52685]]

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 final details for this event until August 12, 2022. 
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, 2022.

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.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. to 10 a.m. on 
September 30, 2022. The safety zone will 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.
    During the enforcement period, vessels are prohibited from entering 
into, transiting through, or remaining within the designated area 
unless authorized by the COTP or his designated representative. The 
general boating public will be notified prior to the enforcement of the 
temporary safety zone via Broadcast Notice to Mariners. 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.

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. Under Section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Public Law 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

[[Page 52686]]

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 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.T11-112 to read as follows:


Sec.  165.T11-112  Safety Zone; Ocean Cup, 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 his 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 September 30, 2022.

    Dated: August 23, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Los Angeles--
Long Beach.
[FR Doc. 2022-18513 Filed 8-26-22; 8:45 am]
BILLING CODE 9110-04-P