Safety Zone; Ocean Cup, Pacific Rum Run, Catalina Island, California, 57175-57177 [2020-20282]
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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Proposed Rules
A. Description of the Reasons for the
Proposed Rule
To address the Dodd-Frank Act’s
changes to the Commission’s
rulemaking authority, the Commission
proposes to clarify that the Rule applies
only to motor vehicle dealers.
involving consumer reports may
duplicate, satisfy, or potentially conflict
with the Rule’s requirements for any
covered financial institutions.
DEPARTMENT OF HOMELAND
SECURITY
F. Description of Any Significant
Alternatives to the Proposed Rule
33 CFR Part 165
B. Succinct Statement of the Objectives,
and Legal Basis for, the Proposed Rule
The objectives of the proposed Rule
are discussed above. The legal basis for
the proposed Rule is 15 U.S.C. 1681c(h).
The Commission has not proposed
any specific small entity exemption or
other significant alternatives because
the proposed amendment would not
impose any new requirements or
compliance costs. Nonetheless, the
Commission welcomes comment on any
significant alternative consistent with
the FCRA that would minimize the
impact of the proposed Rule change on
small entities.
C. Description of Small Entities To
Which the Proposed Rule Will Apply
Determining a precise estimate of the
number of small entities 17 is not readily
feasible. Financial institutions covered
by the Rule include certain motor
vehicle dealers. A substantial number of
these entities likely qualify as small
businesses. The Commission estimates
that the proposed amendment will not
have a significant impact on small
businesses because it imposes no new
obligations.
D. Projected Reporting, Recordkeeping,
and Other Compliance Requirements,
Including Classes of Covered Small
Entities and Professional Skills Needed
To Comply
The proposed amendments would
impose no new reporting,
recordkeeping, or other compliance
requirements. The small entities
potentially covered by the proposed
amendment will include all such
entities subject to the Rule.
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E. Identification of Duplicative,
Overlapping, or Conflicting Federal
Rules
The Commission has not identified
any other federal statutes, rules, or
policies that would duplicate, overlap,
or conflict with the proposed
amendment. Nonetheless, the
Commission requests comment on the
extent to which other federal standards
17 The U.S. Small Business Administration Table
of Small Business Size Standards Matched to North
American Industry Classification System Codes
(NAICS) are generally expressed in either millions
of dollars or number of employees. A size standard
is the largest that a business can be and still qualify
as a small business for Federal Government
programs. For the most part, size standards are the
annual receipts or the average employment of a
firm. New car dealers (NAICS code 441100) are
classified as small if they have fewer than 200
employees. Used car dealers (NAICS code 441120)
are classified as small if their annual receipts are
$27 million or less. Recreational vehicle dealers,
boat dealers, motorcycle, ATV and all other motor
vehicle dealers (NAICS codes 441210, 441222 and
441228) are classified as small if their annual
receipts are $35 million or less. The 2019 Table of
Small Business Size Standards is available at
https://www.sba.gov/document/support--table-sizestandards.
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16:25 Sep 14, 2020
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List of Subjects in 16 CFR Part 641
Consumer protection, Credit, Trade
Practices.
IX. Proposed Rule Language
For the reasons stated above, the
Federal Trade Commission proposes to
amend part 641 of title 16 of the Code
of Federal Regulations as follows:
PART 641—DUTIES OF USERS OF
CONSUMER REPORTS REGARDING
ADDRESS DISCREPANCIES
1. Revise the authority section for part
641 to read as follows:
■
Authority: Public Law 108–159, sec. 315;
15 U.S.C. 1681c(h); 12 U.S.C. 5519(d).
2. In § 641.1 revise paragraph 641.1(a)
to read as follows:
■
§ 641.1 Duties of users of consumer
reports regarding address discrepancies.
(a) Scope. This section applies to
users of consumer reports that are motor
vehicle dealers excluded from
Consumer Financial Protection Bureau
jurisdiction as described in 12 U.S.C.
5519.
*
*
*
*
*
By direction of the Commission,
Commissioner Slaughter and Commissioner
Wilson not participating.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020–19141 Filed 9–14–20; 8:45 am]
BILLING CODE 6750–01–P
PO 00000
57175
Coast Guard
[Docket Number USCG–2020–0501]
RIN 1625–AA87
Safety Zone; Ocean Cup, Pacific Rum
Run, Catalina Island, California
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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-SMBSectorLALB-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ 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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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
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
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16:25 Sep 14, 2020
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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°27′38″ N, 118°30′09″ W,
33°27′51″ N, 118°29′53″ W 33°27′34″ N,
118°28′54″, 33°27′12″ N, 118°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
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
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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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Proposed Rules
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.
jbell on DSKJLSW7X2PROD with PROPOSALS
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
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16:25 Sep 14, 2020
Jkt 250001
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
57177
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Los AngelesLong 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
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.
2. Add § 165.T11–0501 to read as
follows:
■
§ 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°27′38″ N, 118°30′09″ W,
33°27′51″ N, 118°29′53″ W 33°27′34″ N,
118°28′54″, 33°27′12″ N, 118°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
PO 00000
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1 and 52
[FAR Case 2017–014, Docket No. FAR–
2017–0014, Sequence No. 1]
RIN 9000–AN43
Federal Acquisition Regulations: FAR
Case 2017–014, Use of Acquisition 360
To Encourage Vendor Feedback
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
SUMMARY:
E:\FR\FM\15SEP1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
[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. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material
[[Page 57176]]
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
[[Page 57177]]
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
