35094 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 

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 a safety 

zone lasting only 30 minutes that will 

prohibit entry within 500 yards of a 

fireworks barge. It is categorically 

excluded from further review under 

paragraph L60c of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Memorandum for 

Record is available in the docket. 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 

■ 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. 

■ 2. Add § 165.T05–0473 to read as 

follows: 

§ 165.T05–0473 Safety Zone; Firework 

Display; Elizabeth River, Norfolk, VA. 

(a) Location. The following area is a 

safety zone: all waters of the Elizabeth 

River within a 500 yard radius from a 

fireworks barge located at approximate 

position latitude 36°50′41′′ N, longitude 

076°17′47′′ W, located near Town Point 

Park in Norfolk, VA. 

(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 (COTP) Virginia in the 

enforcement of the special local 

regulation. 

(c) Regulation. (1) No vessel or person 

is permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF FM Channel 16. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 8 p.m. until 11 

p.m. on June 11, 2022, or those same 

hours on June 12, 2022, in the case of 

inclement weather on June 11, 2022. 

This section may also be enforced 

during additional times during the 

effective period if deemed necessary by 

the COTP or the Coast Guard designated 

representative. The COTP or designated 

representative will notify the public of 

additional enforcement of this zone 

during its effective period by all 

appropriate means to affect the widest 

publicity among the affected public, 

including by Local Notices to Mariners 

and by Broadcast Notice to Mariners 

over VHF–FM marine band radio. 

Dated: June 3, 2022. 

S.C. Stevens, 

Captain, U.S. Coast Guard, Captain of the 

Port Virginia. 

[FR Doc. 2022–12408 Filed 6–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0450] 

RIN 1625–AA87 

Security Zone; Parker Canyon, Pacific 

Palisades, CA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for the navigable waters of Parker 

Canyon from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 34°02′12′′ 

N, 118°33′26′′ W; thence to 34°02′19′′ N, 

118°34′33′′ W; to the shoreline back to 

the beginning point, off the eastern end 

of Topanga beach, CA, in support of a 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 35095 

visit from persons under the protection 

of the United States Secret Service 

(USSS). The security zone is necessary 

to protect the protected person and their 

official party while on location at the 

event. All vessels and people are 

prohibited from entering into or 

remaining within the security zone 

unless specifically authorized by the 

Captain of the Port (COTP) or the 

COTP’s designated on-scene 

representative. 

DATES: This rule is effective from 6 p.m. 

through 10 p.m. on June 9, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0450 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 on this rule, call or 

email LCDR Maria Wiener, Waterways 

Management, U.S. Coast Guard Sector 

Los Angeles—Long Beach; telephone 

(310) 521–3860 or 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 

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 notification of this event 

involving persons under the protection 

of the USSS with sufficient time to issue 

a NPRM and solicit comments. It is 

impracticable to go through the full 

notice and comment rule making 

process because the Coast Guard must 

establish this security zone by June 9, 

2022, 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 impracticable and 

contrary to the public interest. This rule 

must be effective on June 9, 2022, to 

guard against potential acts of terrorism, 

sabotage, subversive acts, accidents, or 

other causes of a similar nature. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 and 

70011, as delegated by Department of 

Homeland Security (DHS) Delegation 

No.00170.1(II)(70), Revision No. 01.2, 

from the Secretary of DHS to the 

Commandant of the U.S. Coast Guard, 

and further redelegated by 33 CFR 1.05– 

1, 6.04–1, 6.04–6, and 160.5 to the 

Captain of the Port. In addition, the 

Coast Guard has authority to establish 

water or waterfront safety zones, or 

other measures, for limited, controlled, 

or conditional access and activity when 

necessary for the protection of any 

vessel, structure, waters, or shore area, 

46 U.S.C. 70011(b)(3). This rule 

safeguards the lives of persons protected 

by the Secret Service, and of the general 

public, by enhancing the safety and 

security of navigable waters of the 

United States during USSS protected 

presence. The Captain of the Port Los 

Angeles—Long Beach determined that 

potential hazards may arise due to the 

persons under the protection of the 

USSS and their official party will be 

attending an event off Pacific Palisades, 

CA, on June 9, 2022. The USSS 

requested that the Coast Guard establish 

a security zone on the waters 

surrounding the event location off the 

eastern end of Topanga beach, Pacific 

Palisades, CA. The purpose of the 

temporary security zone is to facilitate 

the security and safety of the persons 

under the protection of the USSS during 

the visit. 

As a result, in consultation with the 

USSS, the Captain of the Port Los 

Angeles—Long Beach has determined 

that the security zone is necessary to 

provide security for the protected 

person and his official party. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 6 p.m. until 10 p.m. on June 9, 

2022. The security zone will cover all 

navigable waters of Parker Canyon from 

surface to bottom, encompassed by a 

line connecting the following points 

beginning at 34°02′12′′ N, 118°33′26′′ W; 

thence to 34°02′19′′ N, 118°34′33′′ W; to 

the shoreline back to the beginning 

point, off the eastern end of Topanga 

beach, CA. The duration of the zone is 

necessary to protect the persons under 

the protection of the USSS and the 

official party while on location at the 

event. No vessel or person will be 

permitted to enter the security zone, or 

to remain within the security 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

duration of the security zone. The 

security zone impacts a small 

designated area in the surrounding 

waters of Topanga beach, Pacific 

Palisades, CA, for less than four hours. 

Moreover, the rule allows vessels to 

seek permission to enter the zone. The 

Coast Guard will issue Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 to provide members of the 

public with information about 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. 


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35096 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 

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 a 

security zone lasting less than six hours 

that will prohibit entry within a small 

designated area. 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. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. 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 

■ 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. 

■ 2. Add § 165.T11–098 to read as 

follows: 

§ 165.T11–098 Security Zone; Parker 

Canyon, Pacific Palisades, CA. 

(a) Location. The following area is a 

security zone: all navigable waters of 

Parker Canyon from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 34°02′12′′ 

N, 118°33′26′′ W; thence to 34°02′19′′ N, 

118°34′33′′ W; to the shoreline back to 

the beginning point, off the eastern end 

of Topanga beach. These coordinates are 

based on the North American Datum of 

1983, World Geodetic System, 1984. 

(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 

(COTP) in the enforcement of the 

security zone. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter or remain 

within the security 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 COTP or the COTP’s 

representative by VHF–FM Channel 16 

or 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. 

(d) Enforcement period. This section 

will be enforced on June 9, 2022, from 

6 p.m. through 10 p.m. 

Dated: June 3, 2022. 

K.L. Bernstein, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Los Angeles—Long Beach. 

[FR Doc. 2022–12409 Filed 6–8–22; 8:45 am] 

BILLING CODE P 


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