[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67091-67093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21380]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0621]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Catalina Island, CA

AGENCY: Coast Guard, 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, transiting 
through, or remaining within the designated area unless specifically 
authorized by the

[[Page 67092]]

Captain of the Port, Los Angeles--Long Beach, or his designated 
representative.

DATES: This rule is effective from 6:30 a.m. to noon on September 29, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0621 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 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 Ocean Cup Pacific Rum Run race is planned in conjunction with 
the Pacific Air Show. The course begins off Huntington Beach Pier, 
proceeds to Ship Rock, 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 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 vessels during the race.

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 (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 6:30 a.m. to noon on 
September 29, 2023. 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]39'11'' N, 118[deg]0'22'' 
W; 33[deg]27'42'' N, 118[deg]29'28'' W; 33[deg]24'51'' N, 
118[deg]30'7'' W; 33[deg]39'5'' N, 118[deg]0'28'' 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. 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 racecourse. Recreational 
traffic will be able to transit around this 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

[[Page 67093]]

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 
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, 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.T11-141 to read as follows:


Sec.  165.T11-141  Safety Zone; Pacific Ocean, 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]39'11'' N, 118[deg]0'22'' 
W; 33[deg]27'42'' N, 118[deg]29'28'' W; 33[deg]24'51'' N, 
118[deg]30'7'' W; 33[deg]39'5'' N, 118[deg]0'28'' 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. This safety zone will be enforced from 6:30 
a.m. to noon on September 29, 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. 2023-21380 Filed 9-28-23; 8:45 am]
BILLING CODE 9110-04-P