[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43694-43696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18119]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0589]
RIN 1625-AA87


Security Zone; Los Angeles Fleet Week, San Pedro, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Coast Guard is establishing a temporary security zone 
in the Port of Los Angeles Main Channel, in support of Los Angeles 
Fleet Week. This action is necessary to protect the area surrounding 
the LA World Cruise Center, public vessels moored, and the 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, or a designated representative.

DATES: This rule is effective from midnight on August 27, 2019, through 
11:59 p.m. on September 3, 2019. The rule will be enforced from 
midnight to 11:59 p.m. each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0589 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 about this 
proposed rulemaking, call or email MST1 Benjamin Martin, Waterways 
Management Branch, U.S. Coast Guard Sector Los Angeles--Long Beach; 
telephone (310) 521-3860, email D11-SMB-SectorLALB-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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 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 due to the lack 
of sufficient time to provide a reasonable comment period and consider 
those comments before issuing the rule and establishing the security 
zone by August 27, 2019.
    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 protect the area surrounding the LA World Cruise 
Center, public vessels moored, and the people attending the event.

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, Sector Los Angeles--Long Beach (COTP) 
has determined that potential hazards associated with the event 
security may arise due to the expected high concentration of people in 
attendance for the event, including potential visits from dignitaries 
and VIP participants, within the main shipping channel of the nation's 
most economically vital port complex. There is increased awareness 
regarding recent national and worldwide events that have demonstrated 
direct threats to the security of large crowds in attendance for 
various high profile events. For these reasons the Coast Guard believes 
that a temporary security zone is necessary to ensure the safety of, 
and reduce the risk to, the public, and mariners, in the Port of Los 
Angeles.

IV. Discussion of the Rule

    This rule establishes a temporary security zone from midnight on 
August 27, 2019 through 11:59 p.m. on September 3, 2019, encompassing 
all navigable waters from the surface to the sea floor consisting of a 
line connecting the following coordinates: 33[deg]44.921' N, 
118[deg]16.701' W; 33[deg]44.818' N, 118[deg]16.494' W; 33[deg]44.626' 
N, 118[deg]16.590' W; 33[deg]44.609' N, 118[deg]16.485' W; 
33[deg]44.768' N, 118[deg]16.393' W; 33[deg]44.908' N, 118[deg]16.475' 
W; and 33[deg]44.966' N, 118[deg]16.665' W. All coordinates displayed 
are referenced by North American Datum of 1983, World Geodetic System, 
1984.
    No vessel or person is permitted to operate in the security zone 
without obtaining permission from the COTP or the COTP's designated 
representative. A designated representative is 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 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. 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.
    The general boating public will be notified prior to the 
enforcement of the temporary security zone via Broadcast Notice to 
Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety

[[Page 43695]]

effects, distributive impacts, and equity. E.O.13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. Executive Order 
13771 (``Reducing Regulation and Controlling Regulatory Costs'' directs 
agencies to reduce regulation and control regulatory costs and provides 
that ``for every one new regulation issued, at least two prior 
regulations be identified for elimination, and that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process.''
    This regulatory action determination is based on the size, 
location, and duration of the security zone. Although this rule 
restricts access to the waters encompassed by the temporary security 
zone, the local waterway users will be notified via public Broadcast 
Notice to Mariners and will be able to plan their route in advance, 
which will minimize the access restriction. The entities most likely to 
be affected are waterfront facilities, commercial vessels, and pleasure 
craft engaged in recreational activities.

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 
temporary 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 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 above.

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 
Management Directive 023-01 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 encompassing an area 
around the Los Angeles Fleet Week events. Such actions are 
categorically excluded from further review under paragraph L60 (a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. An environmental analysis 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 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 
addresses 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. 0170.1.


0
2. Add Sec.  165. T11-0589 to read as follows:


Sec.  165. T11-0589  Security Zone; Los Angeles Fleet Week, San Pedro, 
California.

    (a) Location. The following area is a security zone: All navigable 
waters in the Port of Los Angeles Main Channel from the surface to the 
sea floor consisting of a line connecting the following coordinates: 
33[deg]44.921' N, 118[deg]16.701' W; 33[deg]44.818' N, 118[deg]16.494' 
W; 33[deg]44.626' N,

[[Page 43696]]

118[deg]16.590' W; 33[deg]44.609' N, 118[deg]16.485' W; 33[deg]44.768' 
N, 118[deg]16.393' W; 33[deg]44.908' N, 118[deg]16.475' W; and 
33[deg]44.966' N, 118[deg]16.665' 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 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, 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 a Coast Guard vessel or his designated 
representative, by siren, radio, flashing light or other means, the 
operator of the vessel shall proceed as directed.
    (d) Enforcement period. This section will be enforced each day from 
midnight to 11:59 p.m. during the Los Angeles Fleet Week event from 
August 27, 2019, to September 3, 2019. No vessel or person will be 
permitted to operate in the security zone without obtaining permission 
from the COTP or designated representative. General boating public will 
be notified prior to the enforcement of the temporary security zone via 
Broadcast Notice to Mariners.

    Dated: August 16, 2019.
R.E. Ore,
Captain, U.S. Coast Guard, Acting, Captain of the Port Sector Los 
Angeles--Long Beach.
[FR Doc. 2019-18119 Filed 8-21-19; 8:45 am]
 BILLING CODE 9110-04-P


