Safety Zone; Pacific Airshow Huntington Beach, California, 54077-54079 [2021-21161]

Download as PDF Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Dated: September 23, 2021. R.E. Ore, Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach. The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard did not receive final details for this event until August 25, 2021. There was insufficient time to undergo the full rulemaking process, including providing a reasonable comment period and considering those comments, because the Coast Guard must establish this temporary safety zone by September 30, 2021. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to address potentially hazardous conditions associated with high-speed maneuvers from aircraft and waterborne vessels for a search and rescue demonstration. BILLING CODE 9110–04–P 1. The authority citation for part 165 continues to read as follows: ■ DEPARTMENT OF HOMELAND SECURITY Coast Guard 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. 00170.1, Revision No. 01.2. 33 CFR Part 165 2. Add § 165.T11–065 to read as follows: RIN 1625–AA00 ■ § 165.T11–065 Safety Zone; Ocean Cup, The Pacific Rum Run, Catalina, California. LOTTER on DSK11XQN23PROD with RULES1 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 from 7 a.m. to 10 a.m. on October 1, 2021. [FR Doc. 2021–21163 Filed 9–29–21; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (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 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 her 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 VerDate Sep<11>2014 17:35 Sep 29, 2021 Jkt 253001 54077 [Docket Number USCG–2021–0691] Safety Zone; Pacific Airshow Huntington Beach, California Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The U.S. Coast Guard is establishing a safety zone offshore of Huntington Beach, CA, in support of the Pacific Airshow. This action is necessary to provide for the safety of life on these navigable waters in the area of the Coast Guard air and water demonstration and to protect the high concentration of people attending the event. This regulation prohibits vessels from entering into, transiting through, or remaining within the designated area unless specifically authorized by the Captain of the Port, Sector Los Angeles—Long Beach (COTP), or a designated representative. DATES: This rule is effective from 7 a.m. on September 30, 2021, through 5 p.m. on October 3, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2021– 0691 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 rule, call or email LCDR Maria Wiener, U.S. Coast Guard Sector Los Angeles—Long Beach; telephone (310) 521–3860, email D11SMB-SectorLALB-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR PO 00000 Code of Federal Regulations Frm 00049 Fmt 4700 Sfmt 4700 II. Background Information and Regulatory History III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U. S. C. 70034. The COTP has determined that potential hazards associated with this event. The sponsor will be conducting an air show in vicinity of the Huntington Beach Pier, for a period of four days. This air show will consist of numerous military and civilian aircraft performing aerobatic maneuvers at high speed within the lateral limits of an aerobatic box that would extend from the surface of the water to 15,000 feet above mean sea level (MSL). The event at Huntington Beach generates over 800 spectator craft in attendance each year. The COTP has determined that potential hazards associated with navigation safety may arise due to multiple low flying aircraft flight paths and stunt performances over the waters off Huntington Beach. This E:\FR\FM\30SER1.SGM 30SER1 54078 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations safety zone is necessary to ensure the safety of, and reduce the risk to, the public, and mariners, in the vicinity of the aerobatic performance. LOTTER on DSK11XQN23PROD with RULES1 IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. on September 30, 2021, through 5 p.m. on October 3, 2021. Based on the safety risks described above, the Coast Guard is establishing a safety zone in the vicinity of the Huntington Beach Pier during the Great Pacific Airshow event. The safety zone will encompass all navigable waters from the surface to the sea floor in an area bound by the following coordinates: 33°38.387′ N; 117°58.847′ W, 33°37.992′ N; 117°59.204′ W, 33°39.625′ N; 118°1.806′ W, 33°40.019′ N; 118°1.449′ 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 COTP or her designated representative. General boating public will be notified prior to the enforcement of the safety zone via Broadcast Notice to Mariners. No vessel or person is permitted to operate in the safety zone without obtaining permission from COTP or the COTP’s designated representative. A 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 COTP in the enforcement of the security zone. To seek permission to enter, hail Coast Guard Sector Los Angeles—Long Beach on VHF–FM Channel 16 or 310–521– 3801. Upon being hailed by a Coast Guard vessel or designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. The general boating public will be notified prior to the enforcement of the temporary safety zone via Broadcast Notice to Mariners. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, 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 VerDate Sep<11>2014 17:35 Sep 29, 2021 Jkt 253001 benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, and duration of the safety zone. The size of the zone is the minimum necessary to provide adequate protection for the waterways users, adjoining areas, and the public. The zone will be in place during the scheduled times of 7:00 a.m. to 5:00 p.m. Commercial vessel traffic will in no way be affected by the establishment of the safety zone due to its overall proximity to the shore. 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 call or email 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 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 Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 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. 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 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 in vicinity E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations of Huntington Beach and the Huntington Beach Pier. Normally such actions are categorically excluded from further review under paragraph L60(a), in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures. 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 call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: the Port Los Sector Angeles-Long Beach (COTP) in the enforcement of the security 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 security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) Upon being hailed by the COTP’s designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. (d) Enforcement period. The temporary safety zone will be enforced from 7 a.m. to 5 p.m. each day from September 30, 2021, to October 3, 2021. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone via Local Notices to Mariners. Dated: September 23, 2021. R.E. Ore, Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles—Long Beach. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: [FR Doc. 2021–21161 Filed 9–29–21; 8:45 am] BILLING CODE 9110–04–P ■ 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. 00170.1, Revision No. 01.2. 2. Add § 165.T11–064 to read as follows: ■ LOTTER on DSK11XQN23PROD with RULES1 Jkt 253001 33 CFR Part 165 RIN 1625–AA00 (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°38.387′ N; 117°58.847′ W, 33°37.992′ N; 117°59.204′ W, 33°39.625′ N; 118°1.806′ W, 33°40.019′ N; 118°1.449′ 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 17:35 Sep 29, 2021 Coast Guard [Docket Number USCG–2021–0766] § 165.T11–064 Safety Zone; Pacific Airshow Huntington Beach, California. VerDate Sep<11>2014 DEPARTMENT OF HOMELAND SECURITY Safety Zone; Pier 27 Fireworks Display, San Francisco, CA Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay near Pier 27 in support of a fireworks display on October 1, 2021. The safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without the permission of the Captain of the Port SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 54079 San Francisco or a designated representative. DATES: This rule is effective from 9:00 a.m. until 10:30 p.m. on October 1, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0766 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade, William Harris, Waterways Management, U.S. Coast Guard; telephone (415) 399–7443, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard did not receive final details for this event until September 20, 2021. It is impracticable to go through the full notice and comment rule making process because the Coast Guard must establish this safety zone by October 1, 2021, and lacks sufficient time to provide a reasonable comment period and to consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is necessary to protect personnel, vessels, and the marine environment from the potential safety hazards associated with E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54077-54079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21161]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0691]
RIN 1625-AA00


Safety Zone; Pacific Airshow Huntington Beach, California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is establishing a safety zone offshore of 
Huntington Beach, CA, in support of the Pacific Airshow. This action is 
necessary to provide for the safety of life on these navigable waters 
in the area of the Coast Guard air and water demonstration and to 
protect the high concentration of people attending the event. This 
regulation prohibits vessels from entering into, transiting through, or 
remaining within the designated area unless specifically authorized by 
the Captain of the Port, Sector Los Angeles--Long Beach (COTP), or a 
designated representative.

DATES: This rule is effective from 7 a.m. on September 30, 2021, 
through 5 p.m. on October 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0691 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 rule, 
call or email LCDR Maria Wiener, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The Coast Guard 
did not receive final details for this event until August 25, 2021. 
There was insufficient time to undergo the full rulemaking process, 
including providing a reasonable comment period and considering those 
comments, because the Coast Guard must establish this temporary safety 
zone by September 30, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to address potentially hazardous conditions associated 
with high-speed maneuvers from aircraft and waterborne vessels for a 
search and rescue demonstration.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U. S. C. 
70034. The COTP has determined that potential hazards associated with 
this event. The sponsor will be conducting an air show in vicinity of 
the Huntington Beach Pier, for a period of four days. This air show 
will consist of numerous military and civilian aircraft performing 
aerobatic maneuvers at high speed within the lateral limits of an 
aerobatic box that would extend from the surface of the water to 15,000 
feet above mean sea level (MSL). The event at Huntington Beach 
generates over 800 spectator craft in attendance each year. The COTP 
has determined that potential hazards associated with navigation safety 
may arise due to multiple low flying aircraft flight paths and stunt 
performances over the waters off Huntington Beach. This

[[Page 54078]]

safety zone is necessary to ensure the safety of, and reduce the risk 
to, the public, and mariners, in the vicinity of the aerobatic 
performance.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on September 30, 
2021, through 5 p.m. on October 3, 2021. Based on the safety risks 
described above, the Coast Guard is establishing a safety zone in the 
vicinity of the Huntington Beach Pier during the Great Pacific Airshow 
event. The safety zone will encompass all navigable waters from the 
surface to the sea floor in an area bound by the following coordinates: 
33[deg]38.387' N; 117[deg]58.847' W, 33[deg]37.992' N; 117[deg]59.204' 
W, 33[deg]39.625' N; 118[deg]1.806' W, 33[deg]40.019' N; 118[deg]1.449' 
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 COTP or her designated representative. General 
boating public will be notified prior to the enforcement of the safety 
zone via Broadcast Notice to Mariners. No vessel or person is permitted 
to operate in the safety zone without obtaining permission from COTP or 
the COTP's designated representative. A 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 COTP in the 
enforcement of the security zone. To seek permission to enter, hail 
Coast Guard Sector Los Angeles--Long Beach on VHF-FM Channel 16 or 310-
521-3801. Upon being hailed by a Coast Guard vessel or designated 
representative, by siren, radio, flashing light or other means, the 
operator of the vessel shall proceed as directed.
    The general boating public will be notified prior to the 
enforcement of the temporary safety zone via Broadcast Notice to 
Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. The zone will be in place 
during the scheduled times of 7:00 a.m. to 5:00 p.m. Commercial vessel 
traffic will in no way be affected by the establishment of the safety 
zone due to its overall proximity to the shore.

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 call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 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 Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 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.

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 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 in vicinity

[[Page 54079]]

of Huntington Beach and the Huntington Beach Pier. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a), in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures. 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 call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard 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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-064 to read as follows:


Sec.  165.T11-064  Safety Zone; Pacific Airshow Huntington Beach, 
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]38.387' N; 117[deg]58.847' 
W, 33[deg]37.992' N; 117[deg]59.204' W, 33[deg]39.625' N; 
118[deg]1.806' W, 33[deg]40.019' N; 118[deg]1.449' 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 Sector Angeles-Long Beach (COTP) 
in the enforcement of the security 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 security zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) Upon being hailed by the COTP's designated representative, by 
siren, radio, flashing light or other means, the operator of the vessel 
shall proceed as directed.
    (d) Enforcement period. The temporary safety zone will be enforced 
from 7 a.m. to 5 p.m. each day from September 30, 2021, to October 3, 
2021.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone via Local Notices to Mariners.

    Dated: September 23, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long 
Beach.
[FR Doc. 2021-21161 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P