Rule2022-26921
Safety Zone; Marina Del Rey New Year's Eve Fireworks Display, Marina Del Rey, 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
December 12, 2022
Effective
December 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone near the South Jetty on Ballona Creek, Marina Del Rey, CA, for the duration of the fireworks display on December 31, 2022. This temporary safety zone is necessary to provide for the safety of the waterway users to keep them clear of potential harmful debris within the fall out zone during the fireworks display within Marina Del Rey, CA. Entry of persons or vessels into this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port Sector Los Angeles-- Long Beach, or their designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75928-75930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26921]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR 165
[Docket Number USCG-2022-0957]
RIN 1625-AA00
Safety Zone; Marina Del Rey New Year's Eve Fireworks Display,
Marina Del Rey, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone near
the South Jetty on Ballona Creek, Marina Del Rey, CA, for the duration
of the fireworks display on December 31, 2022. This temporary safety
zone is necessary to provide for the safety of the waterway users to
keep them clear of potential harmful debris within the fall out zone
during the fireworks display within Marina Del Rey, CA. Entry of
persons or vessels into this temporary safety zone is prohibited unless
specifically authorized by the Captain of the Port Sector Los Angeles--
Long Beach, or their designated representative.
DATES: This rule is effective from 8 p.m. on December 31, 2022, through
1 a.m. on January 1, 2023.
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-
2022-0957 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
[[Page 75929]]
(310) 521-3860, email <a href="/cdn-cgi/l/email-protection#2e6a1f1f037d636c037d4b4d5a415c626f626c037979636e5b5d4d4900434742"><span class="__cf_email__" data-cfemail="793d4848542a343b542a1c1a0d160b3538353b542e2e34390c0a1a1e57141015">[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
due to the timing of the event. We must establish this zone by December
31 to provide for safety of the public and would be impracticable to
publish an NPRM with a comment period and have sufficient time to
consider the comments before the scheduled event on December 31, 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
December 31, 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 Sector Los Angeles--Long Beach (COTP)
has determined that potential hazards associated with navigation safety
may arise because the fireworks display creates potential for hazards
for any person or vessel within a 1,000-foot radius of the fireworks
launch site 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 Marina Del Rey, CA.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on December 31, 2022,
encompassing all navigable waters within a 1,000-foot radius around the
fireworks display on the South Jetty of Ballona Creek, in vicinity of
Marina Del Rey, CA. Enforcement of the safety zone shall begin 15
minutes prior to the commencement of the fireworks display, and for the
duration of the fireworks display, expected to commence at 9 p.m., and
again at midnight. Each display is expected to last for approximately
30 minutes. These coordinates are based on North American Datum of
1983, World Geodetic System, 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. A designated representative is a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard designated by or
assisting the Captain of the Port Sector Los Angeles--Long Beach (COTP)
in the enforcement of the safety zone.
They 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
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 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, 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
5.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
[[Page 75930]]
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 the South Jetty of Ballona Creek, Marina Del Rey, 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.
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 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
0170.1., Revision No. 01.3
0
2. Add Sec. 165.T11-115 to read as follows:
Sec. 165. T11-115 Safety Zone; Marina Del Rey New Year's Eve
Fireworks Display; Marina Del Rey, California.
(a) Location. The following area is a safety zone: all navigable
waters within a 1,000-foot radius around the fireworks display on the
South Jetty of Ballona Creek, in vicinity of Marina Del Rey, CA.
Enforcement of the safety zone shall begin 15 minutes prior to the
commencement of the fireworks display, and for the duration of the
fireworks display, expected to commence at 9 p.m., and then again at
midnight. Each display is expected to 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 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, 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 8 p.m.
on December 31, 2022, though 1 a.m. on January 1, 2023. The firework
display is scheduled to commence at 9 p.m. and then again at midnight.
This rule will be enforced 15 minutes prior to and for the duration of
the fireworks displays, which will be broadcasted via local Broadcast
Notice to Mariners in accordance with 33 CFR 165.7.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2022-26921 Filed 12-9-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 12, 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.