Special Local Regulation; Los Angeles Harbor, San Pedro, CA, 39385-39387 [2023-12837]
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Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Proposed Rules
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Availability of Rulemaking Documents
An electronic copy of this document
may be downloaded through the
internet at www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at www.faa.gov/air_
traffic/publications/airspace_
amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Operations office
(see ADDRESSES section for address,
phone number, and hours of
operations). An informal docket may
also be examined during normal
business hours at the office at the
Northwest Mountain Regional Office of
the Federal Aviation Administration,
Air Traffic Organization, Western
Service Center, Operations Support
Group, 2200 S 216th Street, Des Moines,
WA 98198.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Incorporation by Reference
Class E5 Airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document proposes to amend the
current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022,
and effective September 15, 2022. These
updates would be published in the next
update to FAA Order JO 7400.11. That
order is publicly available as listed in
the ADDRESSES section of this document.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Proposal
The FAA is proposing an amendment
to 14 CFR part 71 to establish Class E
airspace extending upward from 700
feet above the surface at Grand Coulee
Dam Airport, Electric City, WA, in
support of the airport’s transition from
VFR to IFR operations.
The proposed airspace design—which
extends from the airport reference point
(ARP) 10.2 miles east and 9.7 miles
southwest—would contain departing
and missed approach IFR operations
until reaching 1,200 feet above the
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15:24 Jun 15, 2023
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surface on the Area Navigation (RNAV)
(Global Positioning System [GPS]) Z
Runway (RWY) 22 missed approach and
the SINGG (RNAV) obstacle departure
procedure (ODP) as well as arriving IFR
operations below 1,500 feet above the
surface on the RNAV (GPS) Y RWY 22
and RNAV (GPS) Z RWY 22 approaches.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures,’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
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Fmt 4702
Sfmt 4702
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANM WA E5 Electric City, WA [New]
Grand Coulee Dam Airport, WA
(Lat. 47°55′19″ N, long. 119°4′59″ W)
That airspace extending upward from 700
feet above the surface within an area
bounded by a line beginning at the airport’s
063° bearing at 10.2 miles, then clockwise
along the airport’s 10.2-mile radius to the 99°
bearing at 10.2 miles, to the 172° bearing at
4.7 miles, to the 216° bearing at 9.7 miles,
then clockwise along the airport’s 9.7-mile
radius to the 237° bearing at 9.7 miles to the
329° bearing at 3.6 miles, thence to the point
of beginning.
*
*
*
*
*
Issued in Des Moines, Washington, on June
12, 2023.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2023–12887 Filed 6–15–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0473]
RIN 1625–AA08
Special Local Regulation; Los Angeles
Harbor, San Pedro, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation in Los Angeles Harbor during
the Sail Grand Prix Race event from July
21, 2023, through July 23, 2023. This
proposed rulemaking is necessary to
ensure the safety of race participants,
participant vessels, spectators, and
mariners transiting the area from the
dangers associated with high-speed
sailing activities during the event. This
proposed regulation will prohibit
vessels and persons not participating in
the race event from entering the
dedicated race area unless authorized by
the Captain of the Port Sector Los
Angeles-Long Beach or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 26, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0473 using the Federal DecisionSUMMARY:
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39386
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Proposed Rules
Making 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 Lieutenant
Commander Maria Wiener, Waterways
Management, U.S. Coast Guard Sector
Los Angeles-Long Beach; telephone
(310) 357–1603, email D11-SMBSectorLALB-WWM@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
ddrumheller on DSK120RN23PROD with PROPOSALS1
II. Background, Purpose, and Legal
Basis
On March 17, 2023, the F50 League
LLC notified the Coast Guard that it will
be holding a sailing race from 2 p.m. to
6 p.m. daily from July 21, 2023, through
July 23, 2023. The race will take place
between Los Angeles Berth 46 and
Cabrillo Beach in the Los Angeles
Harbor within the San Pedro Breakwater
in San Pedro, CA. Due to the highprofile nature of this event, spectator
vessels and support craft will be present
and have the potential to cause vessel
congestion in proximity of the Main
Channel. The Captain of the Port Sector
Los Angeles-Long Beach (COTP) has
determined that potential hazards
associated with the race and race
location would be a safety concern for
anyone within the race box and adjacent
navigable waters.
The purpose of this rulemaking is to
ensure the safety of participants,
spectators, and the navigable waters
within the racing area of the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation from July 21,
2023, through July 23, 2023. The special
local regulation would be enforced daily
from 2 p.m. to 6 p.m. This special local
regulation would cover a portion of the
Los Angeles Harbor designated as the
race box area between Cabrillo Beach
and the Los Angeles Harbor entrance. A
transit lane on the northern side of the
race box near Los Angeles Berth 46 will
allow for transiting vessel traffic. The
duration of the zone is intended to
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15:24 Jun 15, 2023
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ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 2 to 6 p.m. sailing
race. No vessel or person would be
permitted to enter the area without
obtaining permission from the COTP or
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Vessel traffic would be able
to safely transit around this area via the
northern boundary transit lane, which
would impact a small, designated area
of the Los Angeles harbor for less than
4 hours each day during the afternoon
when vessel traffic is normally limited
to recreational vessels. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the regulation, and the
rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the area may
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Fmt 4702
Sfmt 4702
be small entities, for the reasons stated
in section IV. A. above, this proposed
rule would not have a significant
economic impact on any vessel owner
or operator. Routes around the sailing
race are present for transiting the area.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
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Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Proposed Rules
listed in the FOR FURTHER INFORMATION
CONTACT section.
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 would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves special local regulation
lasting 4 hours that would limit entry to
the race box without authorization from
the Captain of the Port or their
designated representatives. Normally
such actions are categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
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15:24 Jun 15, 2023
Jkt 259001
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0473 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T11–0473 to read as
follows:
■
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Sfmt 9990
39387
§ 100.T11–0473 Sail Grand Prix Los
Angeles 2023, Los Angeles Harbor, San
Pedro, CA.
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of San Pedro Harbor, from
surface to bottom, encompassed by a
line connecting the following points
beginning at 33°42.835′ N, 118°16.712′
W; thence to 33°42.921′ N, 118°16.593′
W; thence to 33°42.829′ N, 118°16.441′
W; thence to 33°42.925′ N, 118°16.357′
W; thence to 33°43.077′ N, 118°16.409′
W; thence to 33°43.130′ N, 118°16.144′
W; thence to 33°42.837′ N, 118°15.729′
W; thence to 33°42.516′ N, 118°5.103′
W; thence to 33°42.245′ N, 118°15.929′
W; thence to 33°42.249′ N, 118°16.184′
W; and back to the beginning point.
These coordinates are based on North
American Datum 1983 (NAD 1983).
(b) Definitions. As used in 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 AngelesLong Beach in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Los Angeles-Long Beach or
their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM Channel 16.
Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 2 p.m. to 6 p.m.
daily on July 21, 2023, through July 23,
2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles-Long Beach.
[FR Doc. 2023–12837 Filed 6–15–23; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Proposed Rules]
[Pages 39385-39387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12837]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0473]
RIN 1625-AA08
Special Local Regulation; Los Angeles Harbor, San Pedro, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation in Los Angeles Harbor during the Sail Grand Prix Race
event from July 21, 2023, through July 23, 2023. This proposed
rulemaking is necessary to ensure the safety of race participants,
participant vessels, spectators, and mariners transiting the area from
the dangers associated with high-speed sailing activities during the
event. This proposed regulation will prohibit vessels and persons not
participating in the race event from entering the dedicated race area
unless authorized by the Captain of the Port Sector Los Angeles-Long
Beach or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 26, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0473 using the Federal Decision-
[[Page 39386]]
Making 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 Lieutenant Commander Maria Wiener,
Waterways Management, U.S. Coast Guard Sector Los Angeles-Long Beach;
telephone (310) 357-1603, 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, Purpose, and Legal Basis
On March 17, 2023, the F50 League LLC notified the Coast Guard that
it will be holding a sailing race from 2 p.m. to 6 p.m. daily from July
21, 2023, through July 23, 2023. The race will take place between Los
Angeles Berth 46 and Cabrillo Beach in the Los Angeles Harbor within
the San Pedro Breakwater in San Pedro, CA. Due to the high-profile
nature of this event, spectator vessels and support craft will be
present and have the potential to cause vessel congestion in proximity
of the Main Channel. The Captain of the Port Sector Los Angeles-Long
Beach (COTP) has determined that potential hazards associated with the
race and race location would be a safety concern for anyone within the
race box and adjacent navigable waters.
The purpose of this rulemaking is to ensure the safety of
participants, spectators, and the navigable waters within the racing
area of the scheduled event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
July 21, 2023, through July 23, 2023. The special local regulation
would be enforced daily from 2 p.m. to 6 p.m. This special local
regulation would cover a portion of the Los Angeles Harbor designated
as the race box area between Cabrillo Beach and the Los Angeles Harbor
entrance. A transit lane on the northern side of the race box near Los
Angeles Berth 46 will allow for transiting vessel traffic. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 2 to 6 p.m.
sailing race. No vessel or person would be permitted to enter the area
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be able to safely transit around this area via the
northern boundary transit lane, which would impact a small, designated
area of the Los Angeles harbor for less than 4 hours each day during
the afternoon when vessel traffic is normally limited to recreational
vessels. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulation, and the
rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
area may be small entities, for the reasons stated in section IV. A.
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator. Routes around the sailing race are
present for transiting the area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person
[[Page 39387]]
listed in the FOR FURTHER INFORMATION CONTACT section.
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 would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves special
local regulation lasting 4 hours that would limit entry to the race box
without authorization from the Captain of the Port or their designated
representatives. Normally such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0473 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-0473 to read as follows:
Sec. 100.T11-0473 Sail Grand Prix Los Angeles 2023, Los Angeles
Harbor, San Pedro, CA.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of San Pedro Harbor, from surface to bottom,
encompassed by a line connecting the following points beginning at
33[deg]42.835' N, 118[deg]16.712' W; thence to 33[deg]42.921' N,
118[deg]16.593' W; thence to 33[deg]42.829' N, 118[deg]16.441' W;
thence to 33[deg]42.925' N, 118[deg]16.357' W; thence to 33[deg]43.077'
N, 118[deg]16.409' W; thence to 33[deg]43.130' N, 118[deg]16.144' W;
thence to 33[deg]42.837' N, 118[deg]15.729' W; thence to 33[deg]42.516'
N, 118[deg]5.103' W; thence to 33[deg]42.245' N, 118[deg]15.929' W;
thence to 33[deg]42.249' N, 118[deg]16.184' W; and back to the
beginning point. These coordinates are based on North American Datum
1983 (NAD 1983).
(b) Definitions. As used in 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 in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Los Angeles-Long Beach or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 2 p.m.
to 6 p.m. daily on July 21, 2023, through July 23, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach.
[FR Doc. 2023-12837 Filed 6-15-23; 8:45 am]
BILLING CODE 9110-04-P
