Rule2022-13992
Safety Zone; Caruso Affiliated Holdings Fireworks Event, Newport Beach, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 30, 2022
Effective
July 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone near Balboa Pier, Newport Beach Harbor, California, around the fireworks launch barge during the loading of pyrotechnics, the transit of the barge to the display location in vicinity of Southeast of Balboa Pier, and for the duration of the fireworks display on July 4, 2022. This temporary safety zone is necessary to protect waterway users from the hazards of fireworks and harmful debris within the fall out zone during the fireworks display within Newport Beach Harbor, CA. Entry of persons or vessels into this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Los Angeles--Long Beach, or her designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38996-38998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13992]
[[Page 38996]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR 165
[Docket Number USCG-2022-0496]
RIN 1625-AA00
Safety Zone; Caruso Affiliated Holdings Fireworks Event, Newport
Beach, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone near
Balboa Pier, Newport Beach Harbor, California, around the fireworks
launch barge during the loading of pyrotechnics, the transit of the
barge to the display location in vicinity of Southeast of Balboa Pier,
and for the duration of the fireworks display on July 4, 2022. This
temporary safety zone is necessary to protect waterway users from the
hazards of fireworks and harmful debris within the fall out zone during
the fireworks display within Newport Beach Harbor, CA. Entry of persons
or vessels into this temporary safety zone is prohibited unless
specifically authorized by the Captain of the Port, Los Angeles--Long
Beach, or her designated representative.
DATES: This rule is effective from 7 p.m. through 11 p.m. on July 4,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2022-0496 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email the LCDR Maria Wiener, U.S. Coast
Guard Sector Los Angeles--Long Beach; telephone (310) 521-3860, email
<a href="/cdn-cgi/l/email-protection#c084f1f1ed938d82ed93a5a3b4afb28c818c82ed97978d80b5b3a3a7eeada9ac"><span class="__cf_email__" data-cfemail="a0e491918df3ede28df3c5c3d4cfd2ece1ece28df7f7ede0d5d3c3c78ecdc9cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Publishing an NPRM would be impracticable in
this case due to the timing of the event. The event sponsor submitted
their completed application with short notice. As the Coast Guard
received late notification of the fireworks display vessels, it is
impracticable to publish an NPRM with a comment period and have
sufficient time to consider the comments before the scheduled event on
July 4, 2022.
For the reasons stated above, we are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making it effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be contrary to
the public interest because action is necessary to protect persons and
property from the dangers associated with the fireworks event on July
4, 2022.
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 (COTP), Los Angeles--Long Beach has
determined that potential hazards associated with navigation safety may
arise. The fireworks display creates potential for hazards for any
person or vessel within a 100-foot radius around the fireworks launch
barge SWOB-20, during the loading of the pyrotechnics at Pacific
Tugboat Services, 1512 Pier C St., and during the transit of the
fireworks barge from Pacific Tugboat Services to the fireworks launch
area. There is also a 1,000-foot safety radius around the fireworks
launch barge 15 minutes prior to, and for the duration of the fireworks
display. Potential hazards include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. This
temporary safety zone is necessary to ensure the safety of, and reduce
the risk to, the public, and mariners in Newport Beach Harbor, CA.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on July 4, 2022,
encompassing all navigable waters from the surface to the sea floor
within a 100-foot radius around the fireworks launch barge SWOB-20
during the loading of the pyrotechnics at Pacific Tugboat Services at
1512 Pier C St. The safety zone will continue during the transit of the
fireworks barge from Pacific Tugboat Services to the fireworks launch
site at approximate position: 33[deg]35.474' N; 117[deg]53.296' W, in
vicinity of Newport Beach Harbor, CA. The temporary safety zone will
then increase to 1,000-feet 15 minutes prior to, and for the duration
of the fireworks display, expected to commence at 9 p.m. and last
approximately 30 minutes. These coordinates are based on North American
Datum of 1984.
No vessel or person is permitted to operate in the safety zone
without obtaining permission from the Captain of the Port (COTP) or the
COTP's designated representative. Sector Los Angeles--Long Beach may be
contacted on VHF-FM Channel 16 or 310-521-3801. 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 (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
[[Page 38997]]
managed and controlled through a budgeting process.''
This regulatory action determination is based on the size,
location, duration of the safety zone. Although this rule restricts
access to the waters encompassed by the safety zone, the duration of
the rule is only four hours and the local waterway users will be
notified via public Broadcast Notice to Mariners to ensure the safety
zone will result in minimum impact. Vessels should be able to transit
around the safety zone without interruption. The entities most likely
to be affected are waterfront facilities, commercial vessels, and
pleasure craft engaged in recreational activities.
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 contact 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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and 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 in an area in the
vicinity of Newport Beach Harbor, Newport, CA. Such actions are
categorically excluded from further review under paragraph 60(a) of
Appendix A, Table 1 of the Department of Homeland Security Directive
023-01-001-01, Rev. 01. An environmental analysis checklist supporting
this determination and Record of Environmental Consideration (REC) are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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 46 U.S.C. 70034, 70051
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-100 to read as follows:
Sec. 165.T11-100 Safety Zone; Caruso Affiliated Holdings; Newport
Beach, California.
(a) Location. The following area is a safety zone: all navigable
waters from the surface to the sea floor within a 100-foot radius
around the fireworks launch barge SWOB-20, during the loading of the
pyrotechnics at Pacific Tugboat Services, 1512 Pier C St., and during
the transit of the fireworks barge from Pacific Tugboat Services to the
fireworks launch site in approximate position: 33[deg]35.474' N;
117[deg]53.296' W, in vicinity of Newport Beach Harbor, CA. The
temporary safety zone will then increase to 1,000-feet 15 minutes prior
to, and for the duration of the fireworks display, expected to commence
at 9:00
[[Page 38998]]
p.m. on July 4th, 2022, and last approximately 30 minutes. These
coordinates are based on North American Datum of 1983, World Geodetic
System, 1984.
(b) Definitions. For the purposes of this section:
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Los Angeles--Long
Beach (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, hail Coast Guard Sector Los
Angeles--Long Beach on VHF-FM Channel 16 or call at (310) 521-3801.
Those in the 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 7 p.m.
to 11 p.m. on July 4, 2022. The firework display is scheduled to
commence at 9 p.m. This rule will be enforced during the loading,
transit and duration of the fireworks display, which will be
broadcasted via local Broadcast Notice to Mariners in accordance with
33 CFR 165.7.
Dated: June 23, 2022.
K.L. Bernstein,
Captain, U.S. Coast Guard Acting Captain of the Port, Los Angeles Long
Beach.
[FR Doc. 2022-13992 Filed 6-29-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.