[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67095-67097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21302]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0622]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Huntington Beach, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a safety zone offshore of 
Huntington Beach, CA in support of the Pacific Airshow. This action is 
necessary to provide for the safety of life on these navigable waters 
in the area of the air and water demonstrations and to protect the high 
concentration of 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 (COTP), or a designated 
representative.

DATES: This rule is effective from 9:30 a.m. on September 29, 2023 
through 5 p.m. on October 1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0622 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

[[Page 67096]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LCDR Kevin Kinsella, U.S. Coast Guard Sector Los 
Angeles--Long Beach; telephone (310) 467-2099, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Los Angeles--Long Beach
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
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. The Coast Guard 
received final details for this event on August 30, 2023 and the final 
details for a related and adjacent marine event impacting the drafting 
of this rule on July 14, 2023. 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 29, 2023.
    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. The COTP has determined that potential hazards associated with 
navigational safety may arise due to multiple low flying aircraft 
flight paths and stunt performances over the waters off Huntington 
Beach. This air show will consist of numerous military and civilian 
aircraft performing aerobatic maneuvers at high speed within the 
lateral limits of an aerobatic box that would extend from the surface 
of the water to 15,000 feet above mean sea level (MSL). The event at 
Huntington Beach generates over 800 spectator craft in attendance each 
year. This safety zone is to ensure the safety of and reduce the risk 
to the public and mariners in the vicinity of the aerobatic 
performance.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 a.m. on September 29, 
2023, through 5 p.m. on October 1, 2023. Based on the safety risks 
described above, the Coast Guard is proposing to establish a safety 
zone in the vicinity of Huntington Beach for the Pacific Air Show. The 
safety zone would encompass all navigable waters from the surface to 
the sea floor in an area bound by the following coordinates: 
33[deg]38.391' N; 117[deg]58.820' W, 33[deg]37.984' N; 117[deg]59.187' 
W, 33[deg] 39.184' N; 118[deg]1.111'W, 33[deg]39.591' N; 118[deg]0.745' 
W. All coordinates displayed are referenced by North American Datum of 
1983. 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, as amended by Executive Order 14094. 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. The size of the zone is the 
minimum necessary to provide adequate protection for the waterway's 
users, adjoining areas, and the public. The zone will be enforced 
during the scheduled times of 9:30 a.m. to 5 p.m. on three days. 
Commercial vessel traffic will not be affected by the establishment of 
the safety zone due to its overall proximity to the shore. Recreational 
water users will be able to transit around the 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 
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.

[[Page 67097]]

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 
safety zone encompassing an area in vicinity of Huntington Beach and 
the Huntington Beach Pier. It is categorically excluded from further 
review under paragraph L60(a), in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures. 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-140 to read as follows:


Sec.  165.T11-140  Safety Zone; Pacific Ocean, Huntington Beach, 
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]38.391' N; 117[deg]58.820' 
W, 33[deg]37.984' N; 117[deg]59.187' W, 33[deg]39.184' N; 
118[deg]1.111' W, 33[deg]39.591' N; 118[deg]0.745' W. These coordinates 
are based on North American Datum of 1983.
    (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 safety 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, contact the COTP or the COTP's 
representative by hailing Coast Guard Sector Los Angeles--Long Beach on 
VHF-FM Channel 16 or calling 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) Enforcement period. The temporary safety zone will be enforced 
from 9:30 a.m. to 5 p.m. each day from September 29, 2023, to October 
1, 2023. The marine public will be notified of this safety zone via 
Broadcast Notice to Mariners. If the COTP determines that the zone need 
not be enforced during this entire period, the Coast Guard will 
announce via Broadcast Notice to Mariners when the zone will no longer 
be subject to enforcement.

    Dated: September 21, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2023-21302 Filed 9-28-23; 8:45 am]
BILLING CODE 9110-04-P