Rule2022-18512
Safety Zone; Pacific Airshow, Huntington Beach, 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
August 29, 2022
Effective
September 29, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52682-52684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18512]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0647]
RIN 1625-AA00
Safety Zone; Pacific Airshow, Huntington Beach, California
AGENCY: Coast Guard, Department of Homeland Security (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 7 a.m. on September 29, 2022,
through 5 p.m. on October 2, 2022.
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-
2022-0647 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about 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#4d097c7c601e000f601e282e39223f010c010f601a1a000d383e2e2a63202421"><span class="__cf_email__" data-cfemail="bdf98c8c90eef0ff90eed8dec9d2cff1fcf1ff90eaeaf0fdc8cededa93d0d4d1">[email protected]</span></a>.
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
[[Page 52683]]
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 9, 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 29, 2022.
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
this event. The sponsor will be conducting an air show in vicinity of
the Huntington Beach Pier, for a period of four days. 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. The COTP
has determined that potential hazards associated with navigation safety
may arise due to multiple low flying aircraft flight paths and stunt
performances over the waters off Huntington Beach. 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 7 a.m. on September 29,
2022, through 5 p.m. on October 2, 2022. Based on the safety risks
described above, the Coast Guard establishes a safety zone in the
vicinity of the Huntington Beach Pier during the Great Pacific Airshow
event. The safety zone will encompass all navigable waters from the
surface to the sea floor in an area bound by the following coordinates:
33[deg] 38.400' N; 117[deg] 58.834' W, 33[deg]37.992' N;
117[deg]59.204' W, 33[deg]39.625' N; 118[deg]1.806' W, 33[deg] 40.032'
N; 118[deg] 1.437' W. All coordinates displayed are referenced by North
American Datum of 1983, World Geodetic System, 1984.
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. 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).
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 waterways
users, adjoining areas, and the public. The zone will be in place
during the scheduled times of 7 a.m. to 5 p.m. Commercial vessel
traffic will not be affected by the establishment of the safety zone
due to its overall proximity to the shore.
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.
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,
[[Page 52684]]
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. An environmental
analysis and checklist supporting this determination and Record of
Environmental Consideration (REC) are 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 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.T11-111 to read as follows:
Sec. 165.T11-111 Safety Zone; Pacific Airshow 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] 38.400' N; 117[deg]
58.834' W, 33[deg]37.992' N; 117[deg]59.204' W, 33[deg]39.625' N;
118[deg]1.806' W, 33[deg] 40.032' N; 118[deg] 1.437' 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 Sector Los Angeles--Long Beach (COTP)
in the enforcement of the security 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, hail Coast Guard Sector Los
Angeles--Long Beach on VHF-FM Channel 16 or call at (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.
(3) Upon being hailed by the COTP's designated representative, by
siren, radio, flashing light or other means, the operator of the vessel
shall proceed as directed.
(d) Enforcement period. The temporary safety zone will be enforced
from 7 a.m. to 5 p.m. each day from September 29, 2022, to October 2,
2022.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone via Local Notices to Mariners.
Dated: August 23, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Los Angeles--
Long Beach.
[FR Doc. 2022-18512 Filed 8-26-22; 8:45 am]
BILLING CODE 9110-04-P
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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.