82_FR_35280 82 FR 35136 - Security Zone; Los Angeles Fleet Week, San Pedro, California

82 FR 35136 - Security Zone; Los Angeles Fleet Week, San Pedro, California

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range35136-35138
FR Document2017-15946

The U.S. Coast Guard proposes establishing a 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 and the high concentration of people attending the event. This proposed rulemaking is necessary to 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 144 (Friday, July 28, 2017)
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35136-35138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15946]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0645]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The U.S. Coast Guard proposes establishing a 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 and the high concentration of people attending the 
event. This proposed rulemaking is necessary to 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. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 21, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0645 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 BMC James Morgia, Waterways 
Management, U.S. Coast Guard Sector Los Angeles-Long Beach; telephone 
(310) 521-3860, email [email protected].

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. Background, Purpose, and Legal Basis

    The Port of Los Angeles and the City of Los Angeles Fleet Week 
Committee has notified the Coast Guard that it will be conducting an 
annual LA Fleet Week event at the LA World Cruise Center, Berth 90-93, 
annually for a period of seven days around the Labor Day holiday 
weekend. The event at the LA World Cruise Center is expected to 
generate over 250,000 people in attendance each year. Hazards 
associated with 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. The Captain of 
the Port Los Angeles-Long Beach has determined that potential hazards 
associated with the number of people expected to be in attendance on 
the vessels and pier within LA Harbor are a significant concern for 
public security.
    The purpose of this rulemaking is to ensure the safety of, and 
reduce the risk to, the persons in attendance for LA Fleet Week. The 
Coast Guard proposes this rulemaking under the authority of 33 U.S.C. 
1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a security zone for 7 days during 
the Labor Day holiday weekend in August and September during the Fleet 
Week. The security zone would encompass all navigable waters from the 
surface to the sea floor consisting of a line connecting the following 
coordinates: 33[deg]44.967' N., 118[deg]16.664' W.; 33[deg]44.874' N., 
118[deg]16.362' W.; 33[deg]44.662' N., 118[deg]16.454' W.; 
33[deg]44.370' N., 118[deg]16.580' W.; and 33[deg]44.386' N., 
118[deg]16.696' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984. During the 
enforcement period, vessels are prohibited from entering into, 
transiting through, or remaining within the designated area unless 
authorized by the Captain of the Port or her designated representative. 
General boating public would be notified prior to the enforcement of 
the security zone via Broadcast Notice to Mariners. 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 (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 security zone. Commercial vessel traffic 
will be able to safely transit through this security zone, which will 
impact a designated area of the LA main channel in the vicinity of the 
World Cruise Center Berth 90-93. The Coast Guard and Inter Agency 
Unified Command will establish communications with the LA Pilots and 
Vessel Traffic Service/Marine Exchange to coordinate and mitigate all 
inbound and outbound commercial traffic movements through the security 
zone. Recreational traffic will be able to transit around this security 
zone, which extends 200 yds into the LA main channel leaving 150 to 200 
yds of transit area for small vessel traffic to pass around the 
security 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.

[[Page 35137]]

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 
IV.A above, this 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. 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 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 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 Commandant Instruction 
M16475.lD, 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 proposed 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 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A Record of 
Environmental Consideration supporting this determination and a 
Categorical Exclusion Determination 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 
proposed 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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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.

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 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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.  165.1189 to read as follows:


Sec.  165.1189  Security Zone; Los Angeles Fleet Week, San Pedro, 
California.

    (a) Location. The following area is a security zone: All navigable 
waters from the surface to the sea floor consisting of a line 
connecting the following coordinates: 33[deg]44.967' N., 
118[deg]16.664' W.; 33[deg]44.874' N., 118[deg]16.362' W.; 
33[deg]44.662' N., 118[deg]16.454' W.; 33[deg]44.370' N., 
118[deg]16.580' W.; and 33[deg]44.386' N., 118[deg]16.696' W. All 
coordinates displayed are referenced by North American Datum of 1983, 
World Geodetic System, 1984.

[[Page 35138]]

    (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 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.
    (d) Enforcement period. The security zone will be enforced annually 
for a period of seven days around the Labor Day holiday weekend in 
August and September. During the enforcement period, vessels are 
prohibited from entering into, transiting through, or remaining within 
the designated area unless authorized by the Captain of the Port or her 
designated representative. The Coast Guard will publish a local notice 
to mariners providing exact dates and times at least 20 days prior to 
the enforcement of the security zone via Broadcast Notice to Mariners.

    Dated: July 21, 2017.
Monica L. Rochester,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles--
Long Beach.
[FR Doc. 2017-15946 Filed 7-27-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                      35136                      Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules

                                                      procedural, enforceable at law by a                      DHS Department of Homeland Security                   Captain of the Port or her designated
                                                      party against the United States.                         E.O. Executive order                                  representative. General boating public
                                                                                                               FR Federal Register                                   would be notified prior to the
                                                        Dated: June 27, 2017.                                  LLNR Light List Number
                                                      Thomas G. Hohenthaner,
                                                                                                                                                                     enforcement of the security zone via
                                                                                                               NPRM Notice of proposed rulemaking
                                                                                                               Pub. L. Public Law                                    Broadcast Notice to Mariners. The
                                                      Vice President, General Counsel and
                                                                                                               § Section                                             regulatory text we are proposing appears
                                                      Corporate Secretary (Acting), Millennium
                                                      Challenge Corporation.                                   U.S.C. United States Code                             at the end of this document.
                                                      [FR Doc. 2017–13922 Filed 7–27–17; 8:45 am]              II. Background, Purpose, and Legal                    IV. Regulatory Analyses
                                                      BILLING CODE 9211–03–P                                   Basis                                                   We developed this proposed rule after
                                                                                                                  The Port of Los Angeles and the City               considering numerous statutes and
                                                                                                               of Los Angeles Fleet Week Committee                   executive orders (E.O.s) related to
                                                      DEPARTMENT OF HOMELAND                                   has notified the Coast Guard that it will             rulemaking. Below we summarize our
                                                      SECURITY                                                 be conducting an annual LA Fleet Week                 analyses based on a number of these
                                                                                                               event at the LA World Cruise Center,                  statutes and E.O.s, and we discuss First
                                                      Coast Guard                                              Berth 90–93, annually for a period of                 Amendment rights of protestors.
                                                                                                               seven days around the Labor Day                       A. Regulatory Planning and Review
                                                      33 CFR Part 165                                          holiday weekend. The event at the LA
                                                      [Docket Number USCG–2017–0645]                           World Cruise Center is expected to                       Executive Orders 12866 and 13563
                                                                                                               generate over 250,000 people in                       direct agencies to assess the costs and
                                                      RIN 1625–AA87                                                                                                  benefits of available regulatory
                                                                                                               attendance each year. Hazards
                                                                                                               associated with event security may arise              alternatives and, if regulation is
                                                      Security Zone; Los Angeles Fleet                                                                               necessary, to select regulatory
                                                      Week, San Pedro, California                              due to the expected high concentration
                                                                                                               of people in attendance for the event,                approaches that maximize net benefits.
                                                      AGENCY:   Coast Guard, DHS.                              including potential visits from                       Executive Order 13771 directs agencies
                                                      ACTION:   Notice of proposed rulemaking.                 dignitaries and VIP participants, within              to control regulatory costs through a
                                                                                                               the main shipping channel of the                      budgeting process. This NPRM has not
                                                      SUMMARY:   The U.S. Coast Guard                          nation’s most economically vital port                 been designated a ‘‘significant
                                                      proposes establishing a security zone in                 complex. There is increased awareness                 regulatory action,’’ under Executive
                                                      the Port of Los Angeles Main Channel,                    regarding recent national and                         Order 12866. Accordingly, the NPRM
                                                      in support of Los Angeles Fleet Week.                    worldwide events that have                            has not been reviewed by the Office of
                                                      This action is necessary to protect the                  demonstrated direct threats to the                    Management and Budget (OMB), and
                                                      area surrounding the LA World Cruise                     security of large crowds in attendance                pursuant to OMB guidance it is exempt
                                                      Center and the high concentration of                     for various high profile events. The                  from the requirements of Executive
                                                      people attending the event. This                         Captain of the Port Los Angeles-Long                  Order 13771.
                                                      proposed rulemaking is necessary to                      Beach has determined that potential                      This regulatory action determination
                                                      prohibit vessels from entering into,                     hazards associated with the number of                 is based on the size, location, and
                                                      transiting through, or remaining within                  people expected to be in attendance on                duration of the security zone.
                                                      the designated area unless specifically                  the vessels and pier within LA Harbor                 Commercial vessel traffic will be able to
                                                      authorized by the Captain of the Port,                   are a significant concern for public                  safely transit through this security zone,
                                                      Los Angeles-Long Beach, or her                           security.                                             which will impact a designated area of
                                                      designated representative. We invite                        The purpose of this rulemaking is to               the LA main channel in the vicinity of
                                                      your comments on this proposed                           ensure the safety of, and reduce the risk             the World Cruise Center Berth 90–93.
                                                      rulemaking.                                              to, the persons in attendance for LA                  The Coast Guard and Inter Agency
                                                      DATES: Comments and related material                     Fleet Week. The Coast Guard proposes                  Unified Command will establish
                                                      must be received by the Coast Guard on                   this rulemaking under the authority of                communications with the LA Pilots and
                                                      or before August 21, 2017.                               33 U.S.C. 1231.                                       Vessel Traffic Service/Marine Exchange
                                                      ADDRESSES: You may submit comments
                                                                                                                                                                     to coordinate and mitigate all inbound
                                                                                                               III. Discussion of Proposed Rule
                                                      identified by docket number USCG–                                                                              and outbound commercial traffic
                                                                                                                  The COTP proposes to establish a                   movements through the security zone.
                                                      2017–0645 using the Federal                              security zone for 7 days during the
                                                      eRulemaking Portal at http://                                                                                  Recreational traffic will be able to
                                                                                                               Labor Day holiday weekend in August                   transit around this security zone, which
                                                      www.regulations.gov. See the ‘‘Public                    and September during the Fleet Week.
                                                      Participation and Request for                                                                                  extends 200 yds into the LA main
                                                                                                               The security zone would encompass all                 channel leaving 150 to 200 yds of transit
                                                      Comments’’ portion of the                                navigable waters from the surface to the
                                                      SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                     area for small vessel traffic to pass
                                                                                                               sea floor consisting of a line connecting             around the security zone.
                                                      further instructions on submitting                       the following coordinates: 33°44.967′
                                                      comments.                                                N., 118°16.664′ W.; 33°44.874′ N.,                    B. Impact on Small Entities
                                                      FOR FURTHER INFORMATION CONTACT: If                      118°16.362′ W.; 33°44.662′ N.,                           The Regulatory Flexibility Act of
                                                      you have questions about this proposed                   118°16.454′ W.; 33°44.370′ N.,                        1980, 5 U.S.C. 601–612, as amended,
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      rulemaking, call or email BMC James                      118°16.580′ W.; and 33°44.386′ N.,                    requires Federal agencies to consider
                                                      Morgia, Waterways Management, U.S.                       118°16.696′ W. All coordinates                        the potential impact of regulations on
                                                      Coast Guard Sector Los Angeles-Long                      displayed are referenced by North                     small entities during rulemaking. The
                                                      Beach; telephone (310) 521–3860, email                   American Datum of 1983, World                         term ‘‘small entities’’ comprises small
                                                      James.M.Morgia@uscg.mil.                                 Geodetic System, 1984. During the                     businesses, not-for-profit organizations
                                                      SUPPLEMENTARY INFORMATION:                               enforcement period, vessels are                       that are independently owned and
                                                                                                               prohibited from entering into, transiting             operated and are not dominant in their
                                                      I. Table of Abbreviations                                through, or remaining within the                      fields, and governmental jurisdictions
                                                      CFR    Code of Federal Regulations                       designated area unless authorized by the              with populations of less than 50,000.


                                                 VerDate Sep<11>2014   18:10 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\28JYP1.SGM   28JYP1


                                                                                 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules                                            35137

                                                      The Coast Guard certifies under 5 U.S.C.                 federalism or Indian tribes, please                   submit a comment, please include the
                                                      605(b) that this rule will not have a                    contact the person listed in the FOR                  docket number for this rulemaking,
                                                      significant economic impact on a                         FURTHER INFORMATION CONTACT section                   indicate the specific section of this
                                                      substantial number of small entities.                    above.                                                document to which each comment
                                                         While some owners or operators of                                                                           applies, and provide a reason for each
                                                      vessels intending to transit the security                E. Unfunded Mandates Reform Act
                                                                                                                                                                     suggestion or recommendation.
                                                      zone may be small entities, for the                        The Unfunded Mandates Reform Act                       We encourage you to submit
                                                      reasons stated in section IV.A above,                    of 1995 (2 U.S.C. 1531–1538) requires                 comments through the Federal
                                                      this rule will not have a significant                    Federal agencies to assess the effects of             eRulemaking Portal at http://
                                                      economic impact on any vessel owner                      their discretionary regulatory actions. In            www.regulations.gov. If your material
                                                      or operator. If you think that your                      particular, the Act addresses actions                 cannot be submitted using http://
                                                      business, organization, or governmental                  that may result in the expenditure by a               www.regulations.gov, contact the person
                                                      jurisdiction qualifies as a small entity                 State, local, or tribal government, in the            in the FOR FURTHER INFORMATION
                                                      and that this rule would have a                          aggregate, or by the private sector of                CONTACT section of this document for
                                                      significant economic impact on it,                       $100,000,000 (adjusted for inflation) or              alternate instructions.
                                                      please submit a comment (see                             more in any one year. Though this rule                   We accept anonymous comments. All
                                                      ADDRESSES) explaining why you think it                   will not result in such an expenditure,               comments received will be posted
                                                      qualifies and how and to what degree                     we do discuss the effects of this rule                without change to http://
                                                      this rule would economically affect it.                  elsewhere in this preamble.                           www.regulations.gov and will include
                                                         Under section 213(a) of the Small                                                                           any personal information you have
                                                      Business Regulatory Enforcement                          F. Environment
                                                                                                                                                                     provided. For more about privacy and
                                                      Fairness Act of 1996 (Pub. L. 104–121),                    We have analyzed this proposed rule
                                                                                                                                                                     the docket, visit http://
                                                      we want to assist small entities in                      under Department of Homeland
                                                                                                                                                                     www.regulations.gov/privacyNotice.
                                                      understanding this proposed rule. If the                 Security Management Directive 023–01
                                                                                                               and Commandant Instruction                               Documents mentioned in this NPRM
                                                      rule would affect your small business,
                                                                                                               M16475.lD, which guide the Coast                      as being available in the docket, and all
                                                      organization, or governmental
                                                                                                               Guard in complying with the National                  public comments, will be in our online
                                                      jurisdiction and you have questions
                                                                                                               Environmental Policy Act of 1969 (42                  docket at http://www.regulations.gov
                                                      concerning its provisions or options for
                                                                                                               U.S.C. 4321–4370f), and have                          and can be viewed by following that
                                                      compliance, please contact the person
                                                                                                               determined that this action is one of a               Web site’s instructions. Additionally, if
                                                      listed in the FOR FURTHER INFORMATION
                                                                                                               category of actions that do not                       you go to the online docket and sign up
                                                      CONTACT section. The Coast Guard will
                                                                                                               individually or cumulatively have a                   for email alerts, you will be notified
                                                      not retaliate against small entities that
                                                                                                               significant effect on the human                       when comments are posted or a final
                                                      question or complain about this
                                                                                                               environment. This proposed rule                       rule is published.
                                                      proposed rule or any policy or action of
                                                      the Coast Guard.                                         involves a security zone encompassing                 List of Subjects in 33 CFR Part 165
                                                                                                               an area around the Los Angeles Fleet
                                                      C. Collection of Information                                                                                     Harbors, Marine safety, Navigation
                                                                                                               Week events. Such actions are
                                                        This proposed rule will not call for a                                                                       (water), Reporting and recordkeeping
                                                                                                               categorically excluded from further
                                                      new collection of information under the                                                                        requirements, Security measures,
                                                                                                               review under paragraph 34(g) of Figure
                                                      Paperwork Reduction Act of 1995 (44                                                                            Waterways.
                                                                                                               2–1 of Commandant Instruction
                                                      U.S.C. 3501–3520).                                       M16475.lD. A Record of Environmental                    For the reasons discussed in the
                                                                                                               Consideration supporting this                         preamble, the Coast Guard proposes to
                                                      D. Federalism and Indian Tribal                                                                                amend 33 CFR part 165 as follows:
                                                      Governments                                              determination and a Categorical
                                                                                                               Exclusion Determination are available
                                                         A rule has implications for federalism                in the docket where indicated under                   PART 165—REGULATED NAVIGATION
                                                      under E.O. 13132, Federalism, if it has                                                                        AREAS AND LIMITED ACCESS AREAS
                                                                                                               ADDRESSES. We seek any comments or
                                                      a substantial direct effect on the States,               information that may lead to the
                                                      on the relationship between the national                                                                       ■ 1. The authority citation for part 165
                                                                                                               discovery of a significant environmental              continues to read as follows:
                                                      government and the States, or on the                     impact from this proposed rule.
                                                      distribution of power and                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      responsibilities among the various                       G. Protest Activities                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                      levels of government. We have analyzed                     The Coast Guard respects the First                  Department of Homeland Security Delegation
                                                      this proposed rule under that Order and                  Amendment rights of protesters.                       No. 0170.1.
                                                      have determined that it is consistent                    Protesters are asked to contact the                   ■   2. Add § 165.1189 to read as follows:
                                                      with the fundamental federalism                          person listed in the FOR FURTHER
                                                      principles and preemption requirements                   INFORMATION CONTACT section to                        § 165.1189 Security Zone; Los Angeles
                                                      described in E.O. 13132.                                                                                       Fleet Week, San Pedro, California.
                                                                                                               coordinate protest activities so that your
                                                         Also, this proposed rule does not have                message can be received without                          (a) Location. The following area is a
                                                      tribal implications under E.O. 13175,                    jeopardizing the safety or security of                security zone: All navigable waters from
                                                      Consultation and Coordination with                                                                             the surface to the sea floor consisting of
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                               people, places or vessels.
                                                      Indian Tribal Governments, because it                                                                          a line connecting the following
                                                      does not have a substantial direct effect                V. Public Participation and Request for               coordinates: 33°44.967′ N., 118°16.664′
                                                      on one or more Indian tribes, on the                     Comments                                              W.; 33°44.874′ N., 118°16.362′ W.;
                                                      relationship between the Federal                           We view public participation as                     33°44.662′ N., 118°16.454′ W.;
                                                      Government and Indian tribes, or on the                  essential to effective rulemaking, and                33°44.370′ N., 118°16.580′ W.; and
                                                      distribution of power and                                will consider all comments and material               33°44.386′ N., 118°16.696′ W. All
                                                      responsibilities between the Federal                     received during the comment period.                   coordinates displayed are referenced by
                                                      Government and Indian tribes. If you                     Your comment can help shape the                       North American Datum of 1983, World
                                                      believe this rule has implications for                   outcome of this rulemaking. If you                    Geodetic System, 1984.


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                                                      35138                      Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules

                                                         (b) Definitions. For the purposes of                  navigable waters in the area of the                   III. Discussion of Proposed Rule
                                                      this section:                                            aerobatic zone during the performance.                   The COTP proposes to establish a
                                                         Designated representative means a                     This proposed rulemaking would                        safety zone that would be enforced for
                                                      Coast Guard Patrol Commander,                            prohibit persons and vessels from                     a period of four days in September and
                                                      including a Coast Guard coxswain, petty                  entering into, transiting through, or                 October each year. The safety zone
                                                      officer, or other officer operating a Coast              remaining within the designated area                  would encompass all navigable waters
                                                      Guard vessel and a Federal, State, and                   unless specifically authorized by the                 from the surface to the sea floor
                                                      local officer designated by or assisting                 Captain of the Port, Los Angeles-Long                 consisting of a line connecting the
                                                      the Captain of the Port Los Angeles-                     Beach, or her designated representative.              following coordinates: 33°38.378′ N.,
                                                      Long Beach(COTP) in the enforcement                      We invite your comments on this                       117°58.833′ W.; 33°37.972′ N.,
                                                      of the security zone.                                    proposed rulemaking.                                  117°59.200′ W.; 33°39.177′ N.,
                                                         (c) Regulations. (1) Under the general                DATES: Comments and related material                  118°01.121′ W.; and 33°39.583′ N.,
                                                      security zone regulations in subpart D of                must be received by the Coast Guard on                118°00.753′ W.. All coordinates
                                                      this part, you may not enter the security                or before August 21, 2017.                            displayed are referenced by North
                                                      zone described in paragraph (a) of this
                                                                                                               ADDRESSES: You may submit comments                    American Datum of 1983, World
                                                      section unless authorized by the COTP
                                                                                                               identified by docket number USCG–                     Geodetic System, 1984. During the
                                                      or the COTP’s designated representative.
                                                                                                               2017–0414 using the Federal                           enforcement period, vessels would be
                                                         (2) To seek permission to enter, hail
                                                                                                               eRulemaking Portal at http://                         prohibited from entering into, transiting
                                                      Coast Guard Sector Los Angeles-Long
                                                                                                               www.regulations.gov. See the ‘‘Public                 through, or remaining within the
                                                      Beach on VHF–FM Channel 16 or call
                                                                                                               Participation and Request for                         designated area unless authorized by the
                                                      at (310) 521–3801. Those in the security
                                                                                                               Comments’’ portion of the                             Captain of the Port or her designated
                                                      zone must comply with all lawful orders
                                                                                                               SUPPLEMENTARY INFORMATION section for                 representative. General boating public
                                                      or directions given to them by the COTP
                                                                                                               further instructions on submitting                    would be notified prior to the
                                                      or the COTP’s designated representative.
                                                                                                               comments.                                             enforcement of the safety zone via
                                                         (d) Enforcement period. The security
                                                                                                                                                                     Broadcast Notice to Mariners. The
                                                      zone will be enforced annually for a                     FOR FURTHER INFORMATION CONTACT:   If
                                                                                                                                                                     regulatory text we are proposing appears
                                                      period of seven days around the Labor                    you have questions about this proposed
                                                                                                                                                                     at the end of this document.
                                                      Day holiday weekend in August and                        rulemaking, call or email BMC James
                                                      September. During the enforcement                        Morgia, Waterways Management, U.S.                    IV. Regulatory Analyses
                                                      period, vessels are prohibited from                      Coast Guard Sector Los Angeles-Long                     We developed this proposed rule after
                                                      entering into, transiting through, or                    Beach; telephone (310) 521–3860, email                considering numerous statutes and
                                                      remaining within the designated area                     James.M.Morgia@uscg.mil.                              executive orders (E.O.s) related to
                                                      unless authorized by the Captain of the                  SUPPLEMENTARY INFORMATION:                            rulemaking. Below we summarize our
                                                      Port or her designated representative.                                                                         analyses based on a number of these
                                                      The Coast Guard will publish a local                     I. Table of Abbreviations
                                                                                                                                                                     statutes and E.O.s, and we discuss First
                                                      notice to mariners providing exact dates                 CFR Code of Federal Regulations                       Amendment rights of protestors.
                                                      and times at least 20 days prior to the                  DHS Department of Homeland Security
                                                      enforcement of the security zone via                     E.O. Executive order                                  A. Regulatory Planning and Review
                                                      Broadcast Notice to Mariners.                            FR Federal Register
                                                                                                               LLNR Light List Number
                                                                                                                                                                        E.O.s 12866 and 13563 direct agencies
                                                         Dated: July 21, 2017.                                 NPRM Notice of proposed rulemaking                    to assess the costs and benefits of
                                                      Monica L. Rochester,                                     Pub. L. Public Law                                    available regulatory alternatives and, if
                                                      Captain, U.S. Coast Guard, Acting Captain                § Section                                             regulation is necessary, to select
                                                      of the Port, Los Angeles—Long Beach.                     U.S.C. United States Code                             regulatory approaches that maximize
                                                      [FR Doc. 2017–15946 Filed 7–27–17; 8:45 am]                                                                    net benefits. Executive Order 13771,
                                                                                                               II. Background Information and
                                                      BILLING CODE 9110–04–P                                                                                         directs agencies to control regulatory
                                                                                                               Regulatory History
                                                                                                                                                                     costs through a budgeting process.’’ This
                                                                                                                 The City of Huntington Beach and Air                NPRM has not been designated a
                                                      DEPARTMENT OF HOMELAND                                   Support LLC notified the Coast Guard                  ‘‘significant regulatory action’’ under
                                                      SECURITY                                                 that it will be conducting an annual                  Executive Order 12866. Accordingly,
                                                                                                               four-day Air Show in the vicinity of the              the NPRM has not been reviewed by the
                                                      Coast Guard                                              Huntington Beach Pier in September                    Office of Management and Budget
                                                                                                               and October. Hazards associated with                  (OMB), and pursuant to OMB guidance,
                                                      33 CFR Part 165                                          navigation safety may arise due to                    it is exempt from the requirements of
                                                      [Docket Number USCG–2017–0414]                           multiple low flying aircrafts flight paths            E.O. 13771.
                                                                                                               and stunt performances over the waters                   This regulatory action determination
                                                      RIN 1625–AA00                                            off Huntington Beach. The Captain of                  is based on the size, location, and
                                                                                                               the Port Los Angeles-Long Beach has                   duration of the safety zone. Vessel
                                                      Safety Zone; Huntington Beach                            determined that potential hazards                     traffic would be able to safely transit
                                                      Airshow, Huntington Beach, California                    associated with the Air Show                          around this safety zone, which would
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      AGENCY:   Coast Guard, DHS.                              performance would be a safety concern                 impact a small designated area of the
                                                      ACTION:   Notice of proposed rulemaking.                 for anyone in the vicinity of the Air                 Huntington Beach shoreline in the
                                                                                                               Show aerobatic performance area.                      vicinity of the Huntington Beach Pier.
                                                      SUMMARY:   The U.S. Coast Guard                            The purpose of this rulemaking is to                The size of the zone is the minimum
                                                      proposes establishing a safety zone                      ensure the safety of persons or vessels               necessary to provide adequate
                                                      offshore of Huntington Beach, CA, in                     that operate on and in the vicinity of the            protection for the waterways users,
                                                      support of the Huntington Beach                          aerobatic performance. The Coast Guard                adjoining areas, and the public. Any
                                                      Airshow. This action is necessary to                     proposes this rulemaking under the                    hardships experienced by persons or
                                                      provide for the safety of life on these                  authority of 33 U.S.C. 1231.                          vessels are considered minimal


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Document Created: 2017-07-28 03:10:56
Document Modified: 2017-07-28 03:10:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 21, 2017.
ContactIf you have questions about this proposed rulemaking, call or email BMC James Morgia, Waterways Management, U.S. Coast Guard Sector Los Angeles-Long Beach; telephone (310) 521-3860, email [email protected]
FR Citation82 FR 35136 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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