[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Proposed Rules]
[Pages 57175-57177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20282]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0501]
RIN 1625-AA87


Safety Zone; Ocean Cup, Pacific Rum Run, Catalina Island, 
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard proposes to establish a one-time, 
temporary 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 into, transiting through, or remaining 
within the designated area unless specifically authorized by the 
Captain of the Port, Los Angeles--Long Beach, or her designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 30, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0501 using the Federal eRulemaking Portal at http://www.regulations.gov. 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, Waterways Management, 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
E.O. Executive order
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. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material

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received during the comment period. Your comments 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person noted 
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule 
for alternate instructions. Documents mentioned in this proposed rule, 
and all public comments, are available in our online docket at https://www.regulations.gov, and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    We are not planning to hold a public meeting but will consider 
doing so if public comments indicate a meeting would be helpful. We 
would issue a separate Federal Register notice to announce the date, 
time, and location of such a meeting.

III. Background Information

    The Pacific Rum Run race is the 5th race planned as part of the 
Ocean Cup Over the Horizon World Speed Record Series with a concept 
sanctioned by Union Internationale Motonautique (UIM), American Power 
Boat Association (APBA), and Powerboat P1 USA (P1). The race course 
begins off of Huntington Beach Pier, proceeds to Ship Rock and 
circumnavigates Catalina Island back to Ship Rock, and returns to the 
finish at the Huntington Beach Pier. The event will have under ten 
racing vessels, and several safety vessels that will transit a course 
of approximately 80 miles at speeds in excess of 100 miles per hour. 
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.

IV. Discussion of Proposed Rule

    Based on the safety risks described above the Coast Guard is 
proposing to establish a temporary safety zone in the vicinity of the 
Two Harbors, Catalina Island. This proposed safety zone would encompass 
all navigable waters from the surface to the sea floor consisting of a 
line connecting the following coordinates: 33[deg]27'38'' N, 
118[deg]30'09'' W, 33[deg]27'51'' N, 118[deg]29'53'' W 33[deg]27'34'' 
N, 118[deg]28'54'', 33[deg]27'12'' N, 118[deg]29'17'' W. All 
coordinates displayed are referenced by North American Datum of 1983, 
World Geodetic System, 1984.
    During the enforcement period, vessels and persons would be 
prohibited from entering into, transiting through, or remaining within 
the designated area unless authorized by the Captain of the Port or 
their designated representative. The safety zone would be enforced on 
the day of the Pacific Rum Run which is scheduled for October 10, 2020. 
The Coast Guard would publish a notice of enforcement in the Federal 
Register announcing the exact date and times planned for enforcement of 
the safety zone. The general boating public would also be notified 
prior to the enforcement of the safety zone via Broadcast Notice to 
Mariners.

V. Regulatory Analyses

    We developed this proposed 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

    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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 race course. Recreational 
traffic will be able to transit around this safety zone, which is near 
the Two Harbors, Catalina entrance.

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 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 
IV.A above, this proposed rule will not have a significant economic 
impact on any vessel owner or operator. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this 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 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 rely 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

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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 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 proposed 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 proposed 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 proposed 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 proposed rule under Department of Homeland 
Security Management Directive 023-01 and 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. Such 
actions are categorically excluded from further review under paragraph 
60(a) of Appendix A, Table 1 of the Department of Homeland Security 
Directive 023-01-001-01, Rev. 01. An environmental analysis and 
checklist supporting this determination and Record of Environmental 
Consideration (REC) are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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 record 
keeping requirements, security measures, waterways management.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T11-0501 to read as follows:


Sec.  165.T11-0501   Safety Zone; Ocean Cup, The Pacific Rum Run, 
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]27'38'' N, 118[deg]30'09'' 
W, 33[deg]27'51'' N, 118[deg]29'53'' W 33[deg]27'34'' N, 
118[deg]28'54'', 33[deg]27'12'' N, 118[deg]29'17'' 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 Los Angeles-Long 
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) During the enforcement period, vessels and 
persons are prohibited from entering into, transiting through, or 
remaining within the safety zone described in paragraph (a) of this 
section unless authorized by the Captain of the Port or their 
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 safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Notification. Coast Guard Sector Los Angeles--Long Beach will 
use all appropriate means to notify the public in advance of an event 
of the enforcement of this safety zone to include publishing a Notice 
of Enforcement in the Federal Register and through the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (e) Enforcement period. This safety zone will be enforced on 
October 10, 2020. The exact times will be announced via publication of 
a Notice of Enforcement and Local Mariners and Broadcast Notice to 
Mariners.

    Dated: September 9, 2020.
K.L. Bernstein,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles Long 
Beach.
[FR Doc. 2020-20282 Filed 9-14-20; 8:45 am]
BILLING CODE 9110-04-P


