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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
safety zone is necessary to ensure the safety of, and reduce the risk to, the public, and mariners, in the vicinity of the aerobatic performance.

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IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. on September 30, 2021, through 5 p.m. on October 3, 2021.
Based on the safety risks described above, the Coast Guard is establishing a safety zone in the vicinity of the Huntington Beach Pier during the Great Pacific Airshow event. The safety zone will encompass all navigable waters from the surface to the sea floor in an area bound by the following coordinates: 3338.387 N; 11758.847
W, 3337.992 N; 11759.204 W, 3339.625 N; 1181.806 W, 3340.019
N; 1181.449 W. All coordinates displayed are referenced by North American Datum of 1983, World Geodetic System, 1984.
During the enforcement period, vessels are prohibited from entering into, transiting through, or remaining within the designated area unless authorized by the COTP or her designated representative. General boating public will be notified prior to the enforcement of the safety zone via Broadcast Notice to Mariners. No vessel or person is permitted to operate in the safety zone without obtaining permission from COTP or the COTPs designated representative. A designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the COTP in the enforcement of the security zone. To seek permission to enter, hail Coast Guard Sector Los AngelesLong Beach on VHFFM Channel 16 or 310521
3801. Upon being hailed by a Coast Guard vessel or designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.
The general boating public will be notified prior to the enforcement of the temporary safety zone via Broadcast Notice to Mariners.
V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review Executive Orders 12866 and 13563
direct agencies to assess the costs and
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benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.
This rule has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the size, location, and duration of the safety zone. The size of the zone is the minimum necessary to provide adequate protection for the waterways users, adjoining areas, and the public. The zone will be in place during the scheduled times of 7:00 a.m.
to 5:00 p.m. Commercial vessel traffic will in no way be affected by the establishment of the safety zone due to its overall proximity to the shore.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by
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employees of the Coast Guard, call 1
888REGFAIR 18887343247. 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. 35013520.
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. 15311538 requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 adjusted for inflation or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 02301 and COMDTINST 5090.1 series, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 42 U.S.C. 43214370f, and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone encompassing an area in vicinity
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