Rule2021-21163
Safety Zone; Ocean Cup, Pacific Rum Run, Catalina Island, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Effective
October 1, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21163]
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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.
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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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#6c285d5d413f212e413f090f18031e202d202e413b3b212c191f0f0b42010500"><span class="__cf_email__" data-cfemail="3b7f0a0a1668767916685e584f5449777a7779166c6c767b4e48585c15565257">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on September 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.