Proposed Rule2023-12837
Special Local Regulation; Los Angeles Harbor, San Pedro, CA
Primary source
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Published
June 16, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation in Los Angeles Harbor during the Sail Grand Prix Race event from July 21, 2023, through July 23, 2023. This proposed rulemaking is necessary to ensure the safety of race participants, participant vessels, spectators, and mariners transiting the area from the dangers associated with high-speed sailing activities during the event. This proposed regulation will prohibit vessels and persons not participating in the race event from entering the dedicated race area unless authorized by the Captain of the Port Sector Los Angeles-Long Beach or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Proposed Rules]
[Pages 39385-39387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12837]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0473]
RIN 1625-AA08
Special Local Regulation; Los Angeles Harbor, San Pedro, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation in Los Angeles Harbor during the Sail Grand Prix Race
event from July 21, 2023, through July 23, 2023. This proposed
rulemaking is necessary to ensure the safety of race participants,
participant vessels, spectators, and mariners transiting the area from
the dangers associated with high-speed sailing activities during the
event. This proposed regulation will prohibit vessels and persons not
participating in the race event from entering the dedicated race area
unless authorized by the Captain of the Port Sector Los Angeles-Long
Beach or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 26, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0473 using the Federal Decision-
[[Page 39386]]
Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Maria Wiener,
Waterways Management, U.S. Coast Guard Sector Los Angeles-Long Beach;
telephone (310) 357-1603, email <a href="/cdn-cgi/l/email-protection#216510100c726c630c724442554e536d606d630c76766c61545242460f4c484d"><span class="__cf_email__" data-cfemail="5d196c6c700e101f700e383e29322f111c111f700a0a101d282e3e3a73303431">[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, Purpose, and Legal Basis
On March 17, 2023, the F50 League LLC notified the Coast Guard that
it will be holding a sailing race from 2 p.m. to 6 p.m. daily from July
21, 2023, through July 23, 2023. The race will take place between Los
Angeles Berth 46 and Cabrillo Beach in the Los Angeles Harbor within
the San Pedro Breakwater in San Pedro, CA. Due to the high-profile
nature of this event, spectator vessels and support craft will be
present and have the potential to cause vessel congestion in proximity
of the Main Channel. The Captain of the Port Sector Los Angeles-Long
Beach (COTP) has determined that potential hazards associated with the
race and race location would be a safety concern for anyone within the
race box and adjacent navigable waters.
The purpose of this rulemaking is to ensure the safety of
participants, spectators, and the navigable waters within the racing
area of the scheduled event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
July 21, 2023, through July 23, 2023. The special local regulation
would be enforced daily from 2 p.m. to 6 p.m. This special local
regulation would cover a portion of the Los Angeles Harbor designated
as the race box area between Cabrillo Beach and the Los Angeles Harbor
entrance. A transit lane on the northern side of the race box near Los
Angeles Berth 46 will allow for transiting vessel traffic. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 2 to 6 p.m.
sailing race. No vessel or person would be permitted to enter the area
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be able to safely transit around this area via the
northern boundary transit lane, which would impact a small, designated
area of the Los Angeles harbor for less than 4 hours each day during
the afternoon when vessel traffic is normally limited to recreational
vessels. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulation, and the
rule would allow vessels to seek permission to enter the 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
area may be small entities, for the reasons stated in section IV. A.
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator. Routes around the sailing race are
present for transiting the area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person
[[Page 39387]]
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves special
local regulation lasting 4 hours that would limit entry to the race box
without authorization from the Captain of the Port or their designated
representatives. Normally such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0473 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-0473 to read as follows:
Sec. 100.T11-0473 Sail Grand Prix Los Angeles 2023, Los Angeles
Harbor, San Pedro, CA.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of San Pedro Harbor, from surface to bottom,
encompassed by a line connecting the following points beginning at
33[deg]42.835' N, 118[deg]16.712' W; thence to 33[deg]42.921' N,
118[deg]16.593' W; thence to 33[deg]42.829' N, 118[deg]16.441' W;
thence to 33[deg]42.925' N, 118[deg]16.357' W; thence to 33[deg]43.077'
N, 118[deg]16.409' W; thence to 33[deg]43.130' N, 118[deg]16.144' W;
thence to 33[deg]42.837' N, 118[deg]15.729' W; thence to 33[deg]42.516'
N, 118[deg]5.103' W; thence to 33[deg]42.245' N, 118[deg]15.929' W;
thence to 33[deg]42.249' N, 118[deg]16.184' W; and back to the
beginning point. These coordinates are based on North American Datum
1983 (NAD 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 in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Los Angeles-Long Beach or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 2 p.m.
to 6 p.m. daily on July 21, 2023, through July 23, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach.
[FR Doc. 2023-12837 Filed 6-15-23; 8:45 am]
BILLING CODE 9110-04-P
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