Proposed Rule2023-26341
Safety Zone; 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
November 30, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to add two events to the table regarding "Southern California Annual Firework Events for the Los Angeles Long Beach Captain of the Port zone." The proposed additions are temporary safety zones, one for the Marina Del Rey annual Boat Parade fireworks show and another for the Marina Del Rey New Year's Eve fireworks display. Entry into these safety zones would be prohibited during the annual events to provide for the safety of the waterway users and to keep them clear of potential harmful debris within the fallout zone.
Full Text
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<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
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[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Proposed Rules]
[Pages 83511-83514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26341]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0845]
RIN 1625-AA00
Safety Zone; Marina Del Rey, California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to add two events to the table
regarding ``Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.'' The proposed additions
are temporary safety zones, one for the Marina Del Rey annual Boat
Parade fireworks show and another for the Marina Del Rey New Year's Eve
fireworks display. Entry into these safety zones would be prohibited
during the annual events to provide for the safety of the waterway
users and to keep them clear of potential harmful debris within the
fallout zone.
DATES: Comments and related material must be received by the Coast
Guard on or before December 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0845 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Kevin Kinsella, U.S. Coast
Guard Sector Los Angeles-Long Beach; telephone (310) 521-3861, email
<a href="/cdn-cgi/l/email-protection#bbff8a8a96e8f6f996e8ded8cfd4c9f7faf7f996ececf6fbcec8d8dc95d6d2d7"><span class="__cf_email__" data-cfemail="b5f1848498e6f8f798e6d0d6c1dac7f9f4f9f798e2e2f8f5c0c6d6d29bd8dcd9">[email protected]</span></a>.
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, Purpose, and Legal Basis
On October 5, 2023, Los Angeles County notified the Coast Guard
that it will be conducting its annual boat parade firework display on
the second weekend in December, as well as its New Year's Eve fireworks
display on December 31st each year. In both events, the fireworks will
be launched from Marina Del Rey's South Jetty that runs between Ballona
Creek and the entrance to Marina Del Rey, CA. Hazards from the
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Sector Los Angeles-Long Beach (COTP) has determined that potential
[[Page 83512]]
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 1,000-foot radius of the
pyrotechnics platform. The purpose of this rulemaking is to ensure the
safety of vessels and the navigable waters within a 1,000-foot radius
of the fireworks platform before, during, and after the scheduled
annual event for this year and future years. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034. In
addition, the Coast Guard is providing a shorter than usual comment
period to obtain public input before the upcoming annual display for
the 2023 season. The Coast Guard will use the input to determine if any
changes are needed to the safety zones for these fireworks events.
III. Discussion of Proposed Rule
The COTP is proposing to amend the current Table 1 to 33 CFR
165.1125 for Southern California Annual Firework Events for the Los
Angeles-Long Beach Captain of the Port zone. The proposed amendment
adds two events to Table 1. The temporary safety zones will take place
annually in the Marina Del Rey Harbor Channel Entrance for
approximately two hours each on the second weekend in December and on
New Year's Eve, December 31st. The temporary safety zones would cover
all navigable waters within a 1,000-feet radius of the discharge area
on the Marina Del Rey South Jetty located in position 33[deg]57'45'' N/
118[deg]27'21'' W. The duration of the zones is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled fireworks displays. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM 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, the NPRM 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. Vessel traffic
would be able to safely transit around this safety zone before and
after the Firework displays, which would impact the entrance of Marina
Del Rey and Ballona Creek for less than a 2-hour window during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on
[[Page 83513]]
the human environment. This proposed rule involves two safety zones
lasting two hours each that would prohibit entry within 1,000 feet of a
fireworks display. Normally such actions are categorically excluded
from further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0845 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.
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2. In Sec. 165.1125, amend Table 1 to Sec. 165.1125 by adding an
entry for items 14 and 15 to read as follows:
Sec. 165.1125 Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.
* * * * *
Table 1 to Sec. 165.1125
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* * * * * * *
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14. Holiday Fireworks, Los Angeles County
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Sponsor................................ Los Angeles County, CA.
Event Description...................... Fireworks Display.
Date................................... Second weekend in December.
Location............................... Marina Del Ray, CA.
Regulated Area......................... 1,000-foot radius zone around
the firework display located
approximately: 33[deg]57'45''
N, 118[deg]27'21'' W on the
Marina Del Rey South Jetty.
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15. New Years Eve Fireworks, Los Angeles County
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Sponsor................................ Los Angeles County, CA.
Event Description...................... Fireworks Display.
Date................................... December 31.
Location............................... Marina Del Rey, CA.
Regulated Area......................... 1,000-foot radius zone around
the firework display located
approximately: 33[deg]57'45''
N, 118[deg]27'21'' W on the
Marina Del Rey South Jetty.
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[[Page 83514]]
Dated: November 23, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-26341 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
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