Rule2024-13341
Safety Zones; Fourth of July Events for the Los Angles Long Beach Captain of the Port Zone.
Primary source
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Published
June 18, 2024
Effective
July 3, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary safety zones around five separate 4th of July firework display platforms. The safety zones will encompass the navigable waters within a 1000-foot radius of the pyrotechnic platforms located offshore in the following locations: Bel Air Bay, Pacific Palisades, CA; Newport Beach, CA; Carnival Cruise Terminal dock, Long Beach, CA; Three Arch Bay, South Laguna, CA, and Two Harbors, Catalina Island, CA. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by the firework show. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port, Sector Los Angeles--Long Beach.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51440-51442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13341]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0496]
RIN 1625-AA00
Safety Zones; Fourth of July Events for the Los Angles Long Beach
Captain of the Port Zone.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones around
five separate 4th of July firework display platforms. The safety zones
will encompass the navigable waters within a 1000-foot radius of the
pyrotechnic platforms located offshore in the following locations: Bel
Air Bay, Pacific Palisades, CA; Newport Beach, CA; Carnival Cruise
Terminal dock, Long Beach, CA; Three Arch Bay, South Laguna, CA, and
Two Harbors, Catalina Island, CA. The safety zones are needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the firework show. Entry of vessels or persons into
these zones is prohibited unless specifically authorized by the Captain
of the Port, Sector Los Angeles--Long Beach.
DATES: This rule is effective from July 3, 2024, through July 6, 2024,
from 08:00 p.m. to 11:00 p.m. during the listed dates and specified
locations.
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-
2024-0496 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
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#337702021e607e711e605650475c417f727f711e64647e73464050541d5e5a5f"><span class="__cf_email__" data-cfemail="cc88fdfde19f818ee19fa9afb8a3be808d808ee19b9b818cb9bfafabe2a1a5a0">[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
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it would be
impracticable to publish a NPRM within the required time frame to
ensure publish safety.
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 navigational safety amidst the potential safety hazards
associated with the event.
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 shows
occurring from July 3, 2024 through July 6, 2024 will be a safety
concern for anyone within a 1000-foot radius of the pyrotechnics
platforms. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters before, during and after the
scheduled firework events within the designated safety zones.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 p.m. until 11 p.m. on
July 3, 2024 through July 6, 2024. The safety zones will cover all
navigable waters within 1000 feet of the pyrotechnics platforms located
in the follow areas on the indicated dates: Bel Air Bay on July 3, 2024
located in position 34[deg]02'08.3'' N/118[deg]32'44.5'' W; Newport
Beach on July 4, 2024, located in position 33[deg]35'28.4'' N/
117[deg]53'17.8'' W; Long Beach Carnival Cruise Terminal Dock, located
in position 33[deg]45'06.8'' N 118[deg]11'13.7'' W; Three Arch Bay on
July 5, 2024 located in position 33[deg]29'08.7''/117[deg]44'21.2'' W;
and Two Harbors on July 6, 2024, located in position 33[deg]26'45.4''
N/118[deg]29'37.1'' W. The duration of the zones is intended to protect
personnel, vessels, and the marine environment in these navigable
waters before, during, and after the scheduled events. 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. The Coast Guard
will be issuing Broadcast
[[Page 51441]]
Notice to Mariners via VHF-FM marine channel 16 about the zones, 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 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.
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 five
safety zone lasting only 3 hours each that will prohibit entry within
1000 feet of the pyrotechnics platform used for the firework events. 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.
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. Add Sec. 165.T11-0496 to read as follows:
Sec. 165.T11-0496 Safety Zones; Fourth of July Events for the Los
Angles Long Beach Captain of the Port Zone.
(a) Location. The following areas are a safety zone: All waters
from surface to bottom, within a 1000-foot radius of the designated
firework display platforms located in the following locations. Bel Air
Bay on July 3, 2024 located in approximate position 34[deg]02'08.3'' N/
118[deg]32'44.5'' W; Newport Beach on July 4, 2024, located in
approximate position 33[deg]35'28.4'' N/117[deg]53'17.8'' W; Long Beach
Carnival Cruise Terminal Dock on July 4, 2024, in approximate position
33[deg]45'06.8'' N 118[deg]11'13.7'' W; Three Arch Bay on July 5, 2024
located in approximate position 33[deg]29'08.7'' /117[deg]44'21.2'' W;
and Two Harbors on July 6, 2024, located in approximate position
33[deg]26'45.4'' N/118[deg]29'37.1'' W. These coordinates are based on
the North American Datum of 1983.
(b) Definitions. As used in 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 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, contact the PATCOM, the COTP's
[[Page 51442]]
representative, by VHF-FM Channel 13 (156.65 MHz) or 16 (156.8 MHz).
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 during the
following dates and times: July 3, 2024, Pacific Palisades in Bel Air
Bay, CA from 8:00 p.m. to 11:00 p.m.; July 4, 2024, Newport Beach, CA
from 8:00 p.m. to 11:00 p.m.; July 4, 2024, Long Beach Carnival Cruise
Terminal from 8:00 p.m. to 11:00 p.m.; July 5, 2024, South Laguna in
Three Arch Bay, CA from 8:00 p.m. to 11:00 p.m.; And July 6, 2024,
Catalina Island in Two Harbors, CA from 8:00 p.m. to 11:00 p.m.
Dated: June 12, 2024.
S.L. Crecy,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2024-13341 Filed 6-17-24; 8:45 am]
BILLING CODE 9110-04-P
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