Rule2024-17145
Security Zone; Santa Monica Bay, Pacific Palisades, 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
August 5, 2024
Effective
August 11, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for certain waters of Santa Monica Bay. This action is necessary to provide for the security of life on these navigable waters near Will Rogers State Beach, Pacific Palisades, CA, during a beachfront event on August 11, 2024. This security zone would prohibit persons and vessels from being in the security zone unless authorized by the Captain of the Port Sector Los Angeles-Long Beach or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Rules and Regulations]
[Pages 63286-63288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17145]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0607]
RIN 1625-AA87
Security Zone; Santa Monica Bay, Pacific Palisades, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
certain waters of Santa Monica Bay. This action is necessary to provide
for the security of life on these navigable waters near Will Rogers
State Beach, Pacific Palisades, CA, during a beachfront event on August
11, 2024. This security zone would prohibit persons and vessels from
being in the security zone unless authorized by the Captain of the Port
Sector Los Angeles-Long Beach or a designated representative.
DATES: This rule is effective from 7 a.m. to 7 p.m. on August 11, 2024.
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-
2024-0607 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 Lieutenant Commander Kevin Kinsella, Waterways Management
Division Chief, U.S. Coast Guard; telephone 310-521-3860, email <a href="/cdn-cgi/l/email-protection#377306061a647a751a6452544358457b767b751a60607a7742445450195a5e5b"><span class="__cf_email__" data-cfemail="064237372b554b442b5563657269744a474a442b51514b4673756561286b6f6a">[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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because doing so is
impracticable and contrary to the public interest. The Captain of the
Port, Sector Los Angeles-Long Beach (COTP) was notified of the
impending event with little notice and we lack sufficient time to issue
a proposed rule and consider the comments before needing to address the
potential safety hazardous associated with the nationalized event.
Also, 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 impracticable because prompt action is needed to
respond to the potential safety and security hazards associated with
the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70124 and 70051. The COTP has determined that potential hazards
associated with the beachfront event starting August 11, 2024, will be
a safety concern for anyone within a 500-yard distance of the
beachfront event before, during, and after the scheduled event. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the security zone while the
event is taking place.
IV. Discussion of the Rule
This rule establishes a security zone from 7 a.m. until 7 p.m. on
August 11, 2024. The security zone will cover all navigable waters
within 500 yards of the beachfront event on Will Rogers State Beach
Pacific Palisades, CA between Lifeguard Stations 6 and 7. The duration
of the zone is intended to ensure the security of personnel and these
navigable waters before, during, and after the scheduled event. No
vessel or person will be permitted to enter the security 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. This rule 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, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the security zone. This security zone will
encompass only 500 yards from the shore for a 12-hour period. Vessels
will be able to transit
[[Page 63287]]
around the security zone. Vessel operators may request permission to
enter by contacting the COTP, and if allowed, must follow the
directions of the COTP. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about 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 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
security 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, 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
security zone lasting only 12 hours that will prohibit entry within 500
yards of a beachfront evet. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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, 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.T11-0607 to read as follows:
Sec. 165.T11-0607 Security Zone; Santa Monica Bay, Pacific Palisades,
CA
(a) Location. The following area is a security zone: All waters of
Santa Monica Bay, from surface to bottom, encompassed by a line
connecting the following points beginning at 34[deg]02.300' N,
34[deg]2.000' N 118[deg]32.033' W, thence to 34[deg]1.783' N
118[deg]32.183' W, thence to 34[deg]2.083' N 118[deg] 32.833' W, and
back to the beginning point. These coordinates are based on NAD 1983
Datum.
(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 security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security 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 VHF-FM Channel 13 (156.65 MHz) or 16 (156.8MHz).
Those in the security zone must comply with
[[Page 63288]]
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period. This security zone will be enforced from 7
a.m. to 7 p.m. on August 11, 2024.
Dated: July 26, 2024.
S.L. Crecy,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2024-17145 Filed 8-2-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 5, 2024.
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