Safety Zones; Fourth of July Events for the Los Angles Long Beach Captain of the Port Zone., 51440-51442 [2024-13341]
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51440
Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Rules and Regulations
Airway Segment
Changeover Points
FROM
TO
DISTANCE
HOTHAM, AK NDB ................................................
BARROW, AK VOR/DME ....................................
186
FROM
HOTHAM.
Alaska V506 Is Amended To Modify Changeover Point
KOTZEBUE, AK VOR/DME ...................................
BETHEL, AK VORTAC ..........................................
NOME, AK VOR/DME .........................................
KING SALMON, AK VORTAC ............................
Beach; telephone (310) 521–3861, email
D11-SMB-SectorLALB-WWM@uscg.mil.
[FR Doc. 2024–13342 Filed 6–17–24; 8:45 am]
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0496]
II. Background Information and
Regulatory History
RIN 1625–AA00
Safety Zones; Fourth of July Events for
the Los Angles Long Beach Captain of
the Port Zone.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones
around five separate 4th of July firework
display platforms. The safety zones will
encompass the navigable waters within
a 1000-foot radius of the pyrotechnic
platforms located offshore in the
following locations: Bel Air Bay, Pacific
Palisades, CA; Newport Beach, CA;
Carnival Cruise Terminal dock, Long
Beach, CA; Three Arch Bay, South
Laguna, CA, and Two Harbors, Catalina
Island, CA. The safety zones are needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by the firework show.
Entry of vessels or persons into these
zones is prohibited unless specifically
authorized by the Captain of the Port,
Sector Los Angeles—Long Beach.
DATES: This rule is effective from July 3,
2024, through July 6, 2024, from 08:00
p.m. to 11:00 p.m. during the listed
dates and specified locations.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0496 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
If
you have questions about this rule, call
or email LCDR Kevin Kinsella, U.S.
Coast Guard Sector Los Angeles—Long
FOR FURTHER INFORMATION CONTACT:
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The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable to publish a
NPRM within the required time frame to
ensure publish safety.
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 impracticable
because immediate action is needed to
ensure navigational safety amidst the
potential safety hazards associated with
the event.
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 Sector Los AngelesLong Beach (COTP) has determined that
potential hazards associated with the
fireworks shows occurring from July 3,
2024 through July 6, 2024 will be a
safety concern for anyone within a
1000-foot radius of the pyrotechnics
platforms. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
before, during and after the scheduled
firework events within the designated
safety zones.
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95
96
KOTZEBUE.
BETHEL.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 p.m. until 11 p.m. on July 3,
2024 through July 6, 2024. The safety
zones will cover all navigable waters
within 1000 feet of the pyrotechnics
platforms located in the follow areas on
the indicated dates: Bel Air Bay on July
3, 2024 located in position 34°02′08.3″
N/118°32′44.5″ W; Newport Beach on
July 4, 2024, located in position
33°35′28.4″ N/117°53′17.8″ W; Long
Beach Carnival Cruise Terminal Dock,
located in position 33°45′06.8″ N
118°11′13.7″ W; Three Arch Bay on July
5, 2024 located in position 33°29′08.7″/
117°44′21.2″ W; and Two Harbors on
July 6, 2024, located in position
33°26′45.4″ N/118°29′37.1″ W. The
duration of the zones is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters before, during, and after the
scheduled events. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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, duration,
and time-of-day of the safety zone. The
Coast Guard will be issuing Broadcast
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Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Rules and Regulations
Notice to Mariners via VHF–FM marine
channel 16 about the zones, and the rule
would allow vessels to seek permission
to enter the zone.
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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,
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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
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
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 five
safety zone lasting only 3 hours each
that will prohibit entry within 1000 feet
of the pyrotechnics platform used for
the firework events. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. For instructions on
locating the docket, see the ADDRESSES
section of this preamble.
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
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51441
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
INFORMATION CONTACT
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–0496 to read as
follows:
■
§ 165.T11–0496 Safety Zones; Fourth of
July Events for the Los Angles Long Beach
Captain of the Port Zone.
(a) Location. The following areas are
a safety zone: All waters from surface to
bottom, within a 1000-foot radius of the
designated firework display platforms
located in the following locations. Bel
Air Bay on July 3, 2024 located in
approximate position 34°02′08.3″ N/
118°32′44.5″ W; Newport Beach on July
4, 2024, located in approximate position
33°35′28.4″ N/117°53′17.8″ W; Long
Beach Carnival Cruise Terminal Dock
on July 4, 2024, in approximate position
33°45′06.8″ N 118°11′13.7″ W; Three
Arch Bay on July 5, 2024 located in
approximate position 33°29′08.7″
/117°44′21.2″ W; and Two Harbors on
July 6, 2024, located in approximate
position 33°26′45.4″ N/118°29′37.1″ W.
These coordinates are based on the
North American Datum of 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 Sector 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,
contact the PATCOM, the COTP’s
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Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Rules and Regulations
representative, by VHF–FM Channel 13
(156.65 MHz) or 16 (156.8 MHz). 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 during the following
dates and times: July 3, 2024, Pacific
Palisades in Bel Air Bay, CA from 8:00
p.m. to 11:00 p.m.; July 4, 2024,
Newport Beach, CA from 8:00 p.m. to
11:00 p.m.; July 4, 2024, Long Beach
Carnival Cruise Terminal from 8:00 p.m.
to 11:00 p.m.; July 5, 2024, South
Laguna in Three Arch Bay, CA from
8:00 p.m. to 11:00 p.m.; And July 6,
2024, Catalina Island in Two Harbors,
CA from 8:00 p.m. to 11:00 p.m.
Dated: June 12, 2024.
S.L. Crecy,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
[FR Doc. 2024–13341 Filed 6–17–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AR95
Exemption of ‘‘Diversity and Equal
Employment Opportunity (EEO)
Program Records’’ (203VA08)
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as final, with one
change, a proposed rule to exempt the
system of records titled, ‘‘Diversity and
Equal Employment Opportunity (EEO)
Program Records’’ (203VA08) from
certain provisions of the Privacy Act, in
order to, prevent interference with
harassment and sexual harassment
administrative investigations.
DATES: This final rule is effective July
18, 2024.
FOR FURTHER INFORMATION CONTACT:
Larry Holman, Program Analyst, Office
of Resolution Management, Diversity
and Inclusion (ORMDI), Department of
Veterans, 810 Vermont Avenue NW,
Washington, DC 20420, 901–456–8148
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: On June 9,
2023, VA published a proposed rule in
the Federal Register (88 FR 37839) to
add a new exemption to § 1.582 of title
38 Code of Federal Regulations (CFR)
exempting certain Harassment
Prevention Program (HPP) records from
the Privacy Act of 1974, as amended, 5
U.S.C. 552a. The exempted records
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SUMMARY:
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include management notifications;
investigator and coordinator findings;
determinations as to whether
harassment occurred; preventive or
corrective action taken; and related
correspondence, exhibits, and written
follow-up documents. VA believes
disclosure of these records would cause
sources to refrain from disclosing
information due to fear of reprisal and
that disclosure would compromise
guarantees of anonymity and
confidentiality, therefore compromising
VA’s ability to conduct investigations
and obtain information necessary to
support an effective HPP.
VA provided a 60-day comment
period, which ended on August 8, 2023.
VA received seventy-one comments on
the proposed rule. One comment was
supportive of the rule, and we thank the
commenter for their support. The
remaining seventy comments opposed
the proposed Privacy Act exemptions.
VA addresses the non-supportive
comments below, which have been
grouped together by theme. VA adopts
the proposed rule as final with one
minor technical change described
below.
Fifteen commenters raised concerns
with the proposed rulemaking, stating
that it will make it harder for employees
to prevail in EEO cases and will
negatively affect the outcome of HPP
investigations. VA disagrees because
EEO investigations are separate and
independent investigations from HPP.
HPP does not require a basis and does
not make determinations of
discrimination nor unlawful
harassment, rather, HPP is focused on
ensuring that harassment is expediently
addressed and stopped. VA is
committed to transparency in its
investigative processes and believes the
Privacy Act exemptions are necessary to
maintain the confidentiality and
integrity of the HPP. The Privacy Act
exemptions will protect the identities of
sources wishing to remain anonymous
for fear of retaliation, harassment,
intimidation, and other attempts to
improperly influence outcomes of
investigations. Since some comments
appear to confuse the HPP and EEO
processes, VA reiterates that the HPP
and EEO process are distinct, and
individuals can file both EEO and HPP
complaints on the same underlying
issue. Exempting HPP records will not
impact the release of EEO reports of
investigation because they are different
processes. HPP investigations do not
make legal determinations of unlawful
harassment or discrimination. These
investigations are designed to stop
harassing behaviors before they become
unlawful. EEO investigations are
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conducted by independent third-party
investigators, while HPP complaints are
investigated by factfinders in the facility
where the incident occurred. VA makes
no changes to the rule based on these
comments.
Seventeen commenters expressed
concerns that labor-management
relations will deteriorate if the proposed
Privacy Act exemptions are
implemented. VA believes labormanagement relations will not be
impacted because VA protects
individuals who participate in
harassment investigations from
retaliation, harassment, intimidation,
and other attempts to improperly
influence outcomes of investigations.
Additionally, under current VA policy,
there is an existing prohibition
regarding providing HPP records to
individuals filing HPP complaints as
well as negotiated grievance procedures
that only apply to the subject of the
investigation. The rule will allow Union
representatives to request HPP records
using the VA Freedom of Information
Act (FOIA) procedures, contained in 38
CFR 1.550 through 1.562, where
identities of sources are redacted. VA
makes no changes to the rule based on
these comments.
Thirty-four commenters expressed
concerns that if these Privacy Act
exemptions are implemented, ORMDI
and local EEO offices would be flooded
with complaints, which would result in
complaints not being resolved at the
lowest level. VA shares the concern for
resolving complaints at the lowest level
and is committed to holding those who
engage in harassment accountable. VA
will continue to offer multiple paths to
report harassment, thereby allowing
individuals to choose the path with
which they are most familiar and
provide increased safeguards to protect
confidential sources from reprisal. VA
believes revealing of HPP records will
infringe upon the confidentiality of the
program and threaten the privacy of the
witnesses who are required to cooperate
in the process. Individuals wishing to
review the report will continue to be
able to request the report through a
FOIA request.
Nineteen commenters expressed
concern that the proposed rule would
inhibit transparency. To reiterate, VA is
committed to transparency in its
investigative processes, but believes
these Privacy Act exemptions are
necessary to maintain the
confidentiality and integrity of the HPP.
These Privacy Act exemptions will
protect the identities of sources wishing
to remain anonymous from retaliation,
harassment, intimidation, and other
attempts to improperly influence
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]]>Agencies
[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51440-51442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13341]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0496]
RIN 1625-AA00
Safety Zones; Fourth of July Events for the Los Angles Long Beach
Captain of the Port Zone.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones around
five separate 4th of July firework display platforms. The safety zones
will encompass the navigable waters within a 1000-foot radius of the
pyrotechnic platforms located offshore in the following locations: Bel
Air Bay, Pacific Palisades, CA; Newport Beach, CA; Carnival Cruise
Terminal dock, Long Beach, CA; Three Arch Bay, South Laguna, CA, and
Two Harbors, Catalina Island, CA. The safety zones are needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the firework show. Entry of vessels or persons into
these zones is prohibited unless specifically authorized by the Captain
of the Port, Sector Los Angeles--Long Beach.
DATES: This rule is effective from July 3, 2024, through July 6, 2024,
from 08:00 p.m. to 11:00 p.m. during the listed dates and specified
locations.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0496 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 about this rule,
call or email LCDR Kevin Kinsella, U.S. Coast Guard Sector Los
Angeles--Long Beach; telephone (310) 521-3861, 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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it would be
impracticable to publish a NPRM within the required time frame to
ensure publish safety.
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 impracticable because immediate action is needed to
ensure navigational safety amidst the potential safety hazards
associated with the event.
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 Sector Los Angeles-Long Beach (COTP) has
determined that potential hazards associated with the fireworks shows
occurring from July 3, 2024 through July 6, 2024 will be a safety
concern for anyone within a 1000-foot radius of the pyrotechnics
platforms. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters before, during and after the
scheduled firework events within the designated safety zones.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 p.m. until 11 p.m. on
July 3, 2024 through July 6, 2024. The safety zones will cover all
navigable waters within 1000 feet of the pyrotechnics platforms located
in the follow areas on the indicated dates: Bel Air Bay on July 3, 2024
located in position 34[deg]02'08.3'' N/118[deg]32'44.5'' W; Newport
Beach on July 4, 2024, located in position 33[deg]35'28.4'' N/
117[deg]53'17.8'' W; Long Beach Carnival Cruise Terminal Dock, located
in position 33[deg]45'06.8'' N 118[deg]11'13.7'' W; Three Arch Bay on
July 5, 2024 located in position 33[deg]29'08.7''/117[deg]44'21.2'' W;
and Two Harbors on July 6, 2024, located in position 33[deg]26'45.4''
N/118[deg]29'37.1'' W. The duration of the zones is intended to protect
personnel, vessels, and the marine environment in these navigable
waters before, during, and after the scheduled events. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration, and time-of-day of the safety zone. The Coast Guard
will be issuing Broadcast
[[Page 51441]]
Notice to Mariners via VHF-FM marine channel 16 about the zones, 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 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
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 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 five
safety zone lasting only 3 hours each that will prohibit entry within
1000 feet of the pyrotechnics platform used for the firework events. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-0496 to read as follows:
Sec. 165.T11-0496 Safety Zones; Fourth of July Events for the Los
Angles Long Beach Captain of the Port Zone.
(a) Location. The following areas are a safety zone: All waters
from surface to bottom, within a 1000-foot radius of the designated
firework display platforms located in the following locations. Bel Air
Bay on July 3, 2024 located in approximate position 34[deg]02'08.3'' N/
118[deg]32'44.5'' W; Newport Beach on July 4, 2024, located in
approximate position 33[deg]35'28.4'' N/117[deg]53'17.8'' W; Long Beach
Carnival Cruise Terminal Dock on July 4, 2024, in approximate position
33[deg]45'06.8'' N 118[deg]11'13.7'' W; Three Arch Bay on July 5, 2024
located in approximate position 33[deg]29'08.7'' /117[deg]44'21.2'' W;
and Two Harbors on July 6, 2024, located in approximate position
33[deg]26'45.4'' N/118[deg]29'37.1'' W. These coordinates are based on
the North American Datum of 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 Sector 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, contact the PATCOM, the COTP's
[[Page 51442]]
representative, by VHF-FM Channel 13 (156.65 MHz) or 16 (156.8 MHz).
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 during the
following dates and times: July 3, 2024, Pacific Palisades in Bel Air
Bay, CA from 8:00 p.m. to 11:00 p.m.; July 4, 2024, Newport Beach, CA
from 8:00 p.m. to 11:00 p.m.; July 4, 2024, Long Beach Carnival Cruise
Terminal from 8:00 p.m. to 11:00 p.m.; July 5, 2024, South Laguna in
Three Arch Bay, CA from 8:00 p.m. to 11:00 p.m.; And July 6, 2024,
Catalina Island in Two Harbors, CA from 8:00 p.m. to 11:00 p.m.
Dated: June 12, 2024.
S.L. Crecy,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2024-13341 Filed 6-17-24; 8:45 am]
BILLING CODE 9110-04-P
