Rule2023-21380
Safety Zone; Pacific Ocean, Catalina Island, CA
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 29, 2023
Effective
September 29, 2023
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, transiting through, or remaining within the designated area unless specifically authorized by the Captain of the Port, Los Angeles--Long Beach, or his designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#9fdbaeaeb2ccd2ddb2ccfafcebf0edd3ded3ddb2c8c8d2dfeaecfcf8b1f2f6f3"><span class="__cf_email__" data-cfemail="713540405c223c335c221412051e033d303d335c26263c31040212165f1c181d">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on September 29, 2023.
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.