Rule2023-28632
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
December 28, 2023
Effective
December 28, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is adding two events to the table regarding "Southern California Annual Firework Events for the Los Angeles Long Beach Captain of the Port Zone". The 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 zones is prohibited during the annual events in order 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 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89579-89581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28632]
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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: Final rule.
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SUMMARY: The Coast Guard is adding two events to the table regarding
``Southern California Annual Firework Events for the Los Angeles Long
Beach Captain of the Port Zone''. The 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 zones is prohibited during the annual events in order to
provide for the safety of the waterway users and to keep them clear of
potential harmful debris within the fallout zone.
DATES: This rule is effective without actual notice December 28, 2023.
For the purposes of enforcement, actual notice will be used from
December 20, 2023, until December 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 89580]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
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#aeea9f9f83fde3ec83fdcbcddac1dce2efe2ec83f9f9e3eedbddcdc980c3c7c2"><span class="__cf_email__" data-cfemail="c88cf9f9e59b858ae59badabbca7ba8489848ae59f9f8588bdbbabafe6a5a1a4">[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 Information and Regulatory History
On October 5, 2023, Los Angeles County notified the Coast Guard
that it will be conducting its annual boat parade firework display
during 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. In
response, on November 30, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone; Marina Del Rey,
California'' (88 FR 83511). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 15,
2023, we received 2 supportive comments.
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 because immediate action is needed to
ensure potential hazards associated with the fireworks are not a safety
concern for anyone within a 1000-foot radius of the pyrotechnics
platform during the annual December New Year's events.
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 the fireworks to be
used in these annual fireworks events to be a safety concern for anyone
within a 1000-foot radius of the pyrotechnics platform. The purpose of
this rule is to ensure safety of vessels and the navigable waters
within a 1000-foot radius of the fireworks platform before, during, and
after the annual events for this year and future years.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 2 comments in support of our NPRM
published on November 30, 2023. Both commenters supported the need for
the safety zone around the firework events to prevent injury and
protect vessels from debris. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes two recurring safety zones that will be
enforced prior, during, and after two annual firework events. The COTP
is adding two events to 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 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 safety zone will cover all navigable
waters within 1000 feet of the fireworks launch site on Marina del
Rey's South Jetty that runs between Ballona Creek and the entrance to
Marina del Rey, CA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled annual fireworks displays. No vessel or person will be
permitted to enter the safety 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. This rule 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, 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, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around these safety zones before and
after the fireworks displays, which will impact the entrance of Marina
del Rey and Ballona Creek for a short two-hour window during the
evenings when vessel traffic is normally low. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule allows 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 received no comments from the Small Business
Administration on this rulemaking. 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
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.
[[Page 89581]]
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 two
safety zones lasting a few hours each that will prohibit entry within
1,000 feet of a fireworks launch platform in Marina del Rey, CA. 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
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.
0
2. In Sec. 165.1125, amend Table 1 to Sec. 165.1125 by adding entries
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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* * * * * * *
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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Dated: December 21, 2023.
T.P. McNamara,
Commander, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-
Long Beach.
[FR Doc. 2023-28632 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 28, 2023.
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