Safety Zone; Caruso Affiliated Holdings Fireworks Event, Newport Beach, California, 34958-34960 [2021-14052]
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34958
Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
a memorandum of understanding
(MOU) with the IRS Whistleblower
Office. As set forth in that MOU, the IRS
Whistleblower Office will accept claims
from whistleblowers via IRS Form 211,
Application for Award for Original
Information, and refer such information
to TTB when applicable. TTB will
determine if the information is
actionable after any investigation
undertaken, collect proceeds, and
provide information, including an
evaluation of the whistleblower’s
contributions, to the IRS Whistleblower
Office. The IRS Whistleblower Office
will process all TTB-related
whistleblower award claims filed under
26 U.S.C. 7623 under the IRS
regulations and procedures. Under the
MOU, the IRS will consider references
to the ‘‘Internal Revenue Service’’ or
‘‘IRS’’ in the relevant IRS regulations
and procedures to include TTB
personnel and TTB actions when
appropriate.
Updated information on the
whistleblower program, including how
and where to file such claims with the
IRS Whistleblower Office is available on
the TTB website at www.ttb.gov.
U.S.C. 601 et seq.) do not apply.
Pursuant to 26 U.S.C. 7805(f), TTB
submitted this final rule to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA) for
comment on the impact of the
regulations on small businesses. TTB
received no comments from SBA in
response to this final rule.
Regulatory Analysis and Notices
List of Subjects in 27 CFR Part 70
Executive Order 12866
Administrative practice and
procedure, Claims, Excise taxes,
Freedom of information, Law
enforcement, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
It has been determined that this notice
is not a significant regulatory action as
defined in Executive Order 12866 of
September 30, 1993. Therefore, a
regulatory assessment is not necessary.
khammond on DSKJM1Z7X2PROD with RULES
TTB is issuing this final rule without
prior notice and opportunity for public
comment pursuant to authority under
section 4(a) of the Administrative
Procedure Act, as amended (APA) (5
U.S.C. 553(b)(B)). That provision
authorizes an agency to issue a rule
without prior notice when the agency
for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ In this final rule, TTB is
removing a regulatory provision that has
become obsolete due to statutory
changes, so TTB finds that prior notice
is unnecessary. TTB also finds that it is
unnecessary to provide a delayed
effective date for revoking its obsolete
regulation under section 4(c) of the APA
(5 U.S.C. 553(d)); this rule is therefore
effective immediately.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
VerDate Sep<11>2014
15:54 Jun 30, 2021
Jkt 253001
Approved: June 21, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade and
Tariff Policy).
[FR Doc. 2021–14050 Filed 6–30–21; 8:45 am]
BILLING CODE 4810–31–P
Paperwork Reduction Act
This final rule imposes no new
collection of information. The IRS will
account for any burden associated with
additional respondents to its
information collection, IRS Form 211,
Application for Reward for Original
Information (20,000 annual respondents
and 15,000 burden hours), which has
been previously reviewed and approved
by OMB and assigned control number
1545–0409.
Drafting Information
Michael Hoover of the Regulations
and Rulings Division drafted this
document with the assistance of other
Alcohol and Tobacco Tax and Trade
Bureau personnel.
Amendments to the Regulations
Inapplicability of Prior Notice and
Public Comment Procedures and
Delayed Effective Date
Signed: June 21, 2021.
Mary G. Ryan,
Administrator.
For the reasons discussed in the
preamble, TTB is amending 27 CFR
chapter I, part 70 as follows:
PART 70—PROCEDURE AND
ADMINISTRATION
1. The authority citation for part 70
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 552; 26 U.S.C.
4181, 4182, 5123, 5203, 5207, 5275, 5367,
5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6155, 6159,
6201, 6203, 6204, 6301, 6303, 6311, 6313,
6314, 6321, 6323, 6325, 6326, 6331–6343,
6401–6404, 6407, 6416, 6423, 6501–6503,
6511, 6513, 6514, 6532, 6601, 6602, 6611,
6621, 6622, 6651, 6653, 6656–6658, 6665,
6671, 6672, 6701, 6723, 6801, 6862, 6863,
6901, 7011, 7101, 7102, 7121, 7122, 7207,
7209, 7214, 7304, 7401, 7403, 7406, 7423,
7424, 7425, 7426, 7429, 7430, 7432, 7502,
7503, 7505, 7506, 7513, 7601–7606, 7608–
7610, 7622, 7623, 7653, 7805.
§ 70.41
[Removed and Reserved]
2. Section 70.41 is removed and
reserved.
■
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR 165
[Docket Number USCG–2021–0439]
RIN 1625–AA00
Safety Zone; Caruso Affiliated
Holdings Fireworks Event, Newport
Beach, California
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
near Balboa Pier, Newport Beach
Harbor, California, around the fireworks
launch barge SWOB–1, during the
loading of pyrotechnics at Los Angeles
Berth 184, the transit of the barge from
LA Berth 184 to the display location in
vicinity of Southeast of Balboa Pier and
for the duration of the fireworks display,
on July 4, 2021. This temporary safety
zone is necessary to provide for the
safety of the waterway users by keeping
them clear of potential harmful debris
within the fall out zone during the
fireworks display scheduled to take
place within Newport Beach Harbor,
and the loading and transit of the
explosives. Entry of persons or vessels
into this temporary safety zone is
prohibited unless specifically
authorized by the Captain of the Port,
Los Angeles—Long Beach, or her
designated representative.
DATES: This rule is effective from 7 p.m.
through 11 p.m. on July 4, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0439 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email the LCDR
Maria Wiener, U.S. Coast Guard Sector
Los Angeles—Long Beach; telephone
SUMMARY:
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01JYR1
Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
(310) 521–3860, email Maria.C.Wiener@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. Publishing an
NPRM would be impracticable in this
case due to the timing of the event. The
event sponsor submitted their
application on May 9th, 2021 however,
the application was incomplete and did
not address the vessels that would be
used to carry out the event. As the Coast
Guard received late notification of the
fireworks display vessels, there is not
sufficient time for notice and comment
procedures.
For the reasons stated above, we are
issuing this rule, and under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making it effective
less than 30 days after publication in the
Federal Register. Delaying the effective
date of this rule would be contrary to
the public interest because immediate
action is necessary to protect persons
and property from the dangers
associated with the fireworks event on
July 4, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034; The
Captain of the Port (COTP), Los
Angeles—Long Beach has determined
that potential hazards associated with
navigation safety may arise because the
fireworks display creates potential for
hazards for any person or vessel within
a 1,000-foot radius of the fireworks
launch barge. Potential hazards include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
VerDate Sep<11>2014
15:54 Jun 30, 2021
Jkt 253001
embers or other debris. This temporary
safety zone is necessary to ensure the
safety of, and reduce the risk to, the
public, and mariners, in the Newport
Beach Harbor.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on July 4, 2021,
encompassing all navigable waters from
the surface to the sea floor within a 100foot radius around the fireworks launch
barge SWOB–1, during the loading of
the pyrotechnics at LA Berth 184, and
during the transit of the fireworks barge
from LA Berth 184 to the fireworks
launch site in approximate position:
33°35.474′ N; 117°53.296′ W, in vicinity
of Newport Beach Harbor. The
temporary safety zone will then increase
to 1,000-feet 15 minutes prior to, and for
the duration of the fireworks display,
expected to commence at 9 p.m. and last
approximately 30 minutes. These
coordinates are based on North
American Datum of 1984.
No vessel or person is permitted to
operate in the safety zone without
obtaining permission from the Captain
of the Port (COTP) or the COTP’s
designated representative. Sector Los
Angeles—Long Beach may be contacted
on VHF–FM Channel 16 or 310–521–
3801. The general boating public will be
notified prior to the enforcement of the
temporary safety zone via Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
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34959
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
This regulatory action determination
is based on the size, location, duration
of the safety zone. Although this rule
restricts access to the waters
encompassed by the safety zone, the
effect of this rule will not be significant
because the local waterway users will be
notified via public Broadcast Notice to
Mariners to ensure the safety zone will
result in minimum impact. The entities
most likely to be affected are waterfront
facilities, commercial vessels, and
pleasure craft engaged in recreational
activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator. Under section 213(a) of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
E:\FR\FM\01JYR1.SGM
01JYR1
34960
Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
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15:54 Jun 30, 2021
Jkt 253001
environment. This rule involves a safety
zone in an area in the vicinity of
Newport Beach Harbor, Newport, CA.
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 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 46 U.S.C. 70034,
70051
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T11–060 to read as
follows:
■
§ 165.T11–060 Safety Zone; Caruso
Affiliated Holdings Fireworks Event,
Newport Beach, California.
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor within a 100foot radius around the fireworks launch
barge SWOB–1, during the loading of
the pyrotechnics at Los Angeles Berth
184, and during the transit of the
fireworks barge from Los Angeles Berth
184 to the fireworks launch site in
approximate position: 33°35.474′ N;
117°53.296′ W, in vicinity of Newport
Beach Harbor. The temporary safety
zone will then increase to 1,000-feet 15
minutes prior to, and for the duration of
the fireworks display, expected to
commence at 9:00 p.m. and last
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Frm 00056
Fmt 4700
Sfmt 4700
approximately 30 minutes. These
coordinates are based on 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) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
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 safety
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 7 p.m. to 11 p.m.
on July 4, 2021. The firework display is
scheduled to commence at 9 p.m. This
rule will be enforced during the loading,
transit and duration of the fireworks
display, which will be broadcasted via
local Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
Dated: June 25, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the
Port, Los Angeles—Long Beach.
[FR Doc. 2021–14052 Filed 6–30–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0454]
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle,
Washington
Coast Guard, DHS.
Notification of non-enforcement
of regulation.
AGENCY:
ACTION:
The Coast Guard will not
enforce the safety zone for the Fleet
Week Maritime Festival on waters
adjacent to Pier 66 in Elliott Bay,
Seattle, WA in July or August 2021. The
Captain of the Port Sector Puget Sound
has determined that enforcement of this
SUMMARY:
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34958-34960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14052]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR 165
[Docket Number USCG-2021-0439]
RIN 1625-AA00
Safety Zone; Caruso Affiliated Holdings Fireworks Event, Newport
Beach, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone near
Balboa Pier, Newport Beach Harbor, California, around the fireworks
launch barge SWOB-1, during the loading of pyrotechnics at Los Angeles
Berth 184, the transit of the barge from LA Berth 184 to the display
location in vicinity of Southeast of Balboa Pier and for the duration
of the fireworks display, on July 4, 2021. This temporary safety zone
is necessary to provide for the safety of the waterway users by keeping
them clear of potential harmful debris within the fall out zone during
the fireworks display scheduled to take place within Newport Beach
Harbor, and the loading and transit of the explosives. Entry of persons
or vessels into this temporary safety zone is prohibited unless
specifically authorized by the Captain of the Port, Los Angeles--Long
Beach, or her designated representative.
DATES: This rule is effective from 7 p.m. through 11 p.m. on July 4,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0439 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email the LCDR Maria Wiener, U.S. Coast
Guard Sector Los Angeles--Long Beach; telephone
[[Page 34959]]
(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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Publishing an NPRM would be impracticable in
this case due to the timing of the event. The event sponsor submitted
their application on May 9th, 2021 however, the application was
incomplete and did not address the vessels that would be used to carry
out the event. As the Coast Guard received late notification of the
fireworks display vessels, there is not sufficient time for notice and
comment procedures.
For the reasons stated above, we are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making it effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be contrary to
the public interest because immediate action is necessary to protect
persons and property from the dangers associated with the fireworks
event on July 4, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034; The Captain of the Port (COTP), Los Angeles--Long Beach has
determined that potential hazards associated with navigation safety may
arise because the fireworks display creates potential for hazards for
any person or vessel within a 1,000-foot radius of the fireworks launch
barge. Potential hazards include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. This
temporary safety zone is necessary to ensure the safety of, and reduce
the risk to, the public, and mariners, in the Newport Beach Harbor.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on July 4, 2021,
encompassing all navigable waters from the surface to the sea floor
within a 100-foot radius around the fireworks launch barge SWOB-1,
during the loading of the pyrotechnics at LA Berth 184, and during the
transit of the fireworks barge from LA Berth 184 to the fireworks
launch site in approximate position: 33[deg]35.474' N; 117[deg]53.296'
W, in vicinity of Newport Beach Harbor. The temporary safety zone will
then increase to 1,000-feet 15 minutes prior to, and for the duration
of the fireworks display, expected to commence at 9 p.m. and last
approximately 30 minutes. These coordinates are based on North American
Datum of 1984.
No vessel or person is permitted to operate in the safety zone
without obtaining permission from the Captain of the Port (COTP) or the
COTP's designated representative. Sector Los Angeles--Long Beach may be
contacted on VHF-FM Channel 16 or 310-521-3801. The general boating
public will be notified prior to the enforcement of the temporary
safety zone via Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
This regulatory action determination is based on the size,
location, duration of the safety zone. Although this rule restricts
access to the waters encompassed by the safety zone, the effect of this
rule will not be significant because the local waterway users will be
notified via public Broadcast Notice to Mariners to ensure the safety
zone will result in minimum impact. The entities most likely to be
affected are waterfront facilities, commercial vessels, and pleasure
craft engaged in recreational activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain
[[Page 34960]]
about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone in an area in the
vicinity of Newport Beach Harbor, Newport, CA. 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 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 46 U.S.C. 70034, 70051
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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.T11-060 to read as follows:
Sec. 165.T11-060 Safety Zone; Caruso Affiliated Holdings Fireworks
Event, Newport Beach, California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor within a 100-foot radius
around the fireworks launch barge SWOB-1, during the loading of the
pyrotechnics at Los Angeles Berth 184, and during the transit of the
fireworks barge from Los Angeles Berth 184 to the fireworks launch site
in approximate position: 33[deg]35.474' N; 117[deg]53.296' W, in
vicinity of Newport Beach Harbor. The temporary safety zone will then
increase to 1,000-feet 15 minutes prior to, and for the duration of the
fireworks display, expected to commence at 9:00 p.m. and last
approximately 30 minutes. These coordinates are based on 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) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety 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 safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced from 7 p.m.
to 11 p.m. on July 4, 2021. The firework display is scheduled to
commence at 9 p.m. This rule will be enforced during the loading,
transit and duration of the fireworks display, which will be
broadcasted via local Broadcast Notice to Mariners in accordance with
33 CFR 165.7.
Dated: June 25, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. 2021-14052 Filed 6-30-21; 8:45 am]
BILLING CODE 9110-04-P
