Safety Zone; Marina Del Rey New Year's Eve Fireworks Display, Marina Del Rey, California, 75928-75930 [2022-26921]
Download as PDF
75928
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
PIGON, AL
PICKS, AK
RABEC, AL
WALTY,AL
DAYVS, AL
OAKGO, AL
NEGEE, AL
NULLS, AL
HITMN, TN
FIX
FIX
WP
FIX
WP
FIX
FIX
WP
WP
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
*
T–441 TROPP, SC to PENCE, TN [New]
TRROPP, SC
CAYCE, SC
BURGG, SC
STYLZ, NC
MUMMI, NC
PUPDG, NC
PENCE, TN
*
*
*
*
*
[FR Doc. 2022–26735 Filed 12–9–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0968]
Safety Zone; Military Ocean Terminal
Concord Safety Zone, Suisun Bay,
Military Ocean Terminal Concord, CA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone in the navigable waters
of Suisun Bay, off Concord, CA, in
support of explosive on-loading to
Military Ocean Terminal Concord
(MOTCO) from December 11, 2022,
through December 15, 2022. This safety
zone is necessary to protect personnel,
vessels, and the marine environment
from potential explosion within the
explosive arc. The safety zone is open
to all persons and vessels for transitory
use, but vessel operators desiring to
anchor or otherwise loiter within the
safety zone must obtain the permission
of the Captain of the Port San Francisco
or a designated representative. All
persons and vessels operating within
the safety zone must comply with all
directions given to them by the Captain
of the Port San Francisco or a
designated representative.
DATES: The regulations in 33 CFR
165.1198 will be enforced from 12:01
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
16:50 Dec 09, 2022
*
*
WP
WP
WP
WP
FIX
WP
WP
Issued in Washington, DC, on December 5,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
VerDate Sep<11>2014
*
Jkt 259001
31°33′33.58″
31°47′02.35″
32°16′11.64″
33°00′11.43″
33°14′03.93″
33°27′13.10″
33°48′12.56″
34°02′24.50″
36°08′12.47″
*
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
N,
N,
N,
N,
N,
N,
N,
N,
N,
long.
long.
long.
long.
long.
long.
long.
long.
long.
*
32°53′40.00″
33°51′26.13″
35°02′00.55″
35°24′22.83″
35°39′48.60″
35°46′30.08″
36°01′09.80″
[FR Doc. 2022–27010 Filed 12–9–22; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
W)
W)
W)
W)
W)
W)
W)
W)
W)
080°02′16.59″
081°03′14.76″
081°55′36.86″
082°16′07.01″
082°47′30.15″
083°03′40.16″
083°31′26.31″
W)
W)
W)
W)
W)
W)
W)
*
N,
N,
N,
N,
N,
N,
N,
long.
long.
long.
long.
long.
long.
long.
a.m. on December 11, 2022, until 11:59
p.m. on December 15, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant William Harris, Coast
Guard Sector San Francisco, Waterways
Management Division, 415–399–7443,
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.1198 for the Military Ocean
Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on
December 11, 2022, until 11:59 p.m. on
December 15, 2022, or as announced via
marine local broadcasts. This safety
zone is necessary to protect personnel,
vessels, and the marine environment
from potential explosion within the
explosive arc. The regulation for this
safety zone, § 165.1198, specifies the
location of the safety zone which
encompasses the navigable waters in the
area between 500 yards of MOTCO Pier
2 in position 38°03′30″ N, 122°01′14″ W
and 3,000 yards of the pier. During the
enforcement periods, as reflected in
§ 165.1198(d), if you are the operator of
a vessel in the regulated area you must
comply with the instructions of the
COTP or the designated on-scene patrol
personnel. Vessel operators desiring to
anchor or otherwise loiter within the
safety zone must contact Sector San
Francisco Vessel Traffic Service at 415–
556–2760 or VHF Channel 14 to obtain
permission.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via marine information broadcasts.
Dated: December 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
086°39′51.18″
086°55′03.13″
086°58′01.67″
086°51′29.95″
087°12′07.88″
087°14′11.79″
087°10′36.89″
086°56′17.64″
086°41′05.25″
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 https://
www.regulations.gov, 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
SUMMARY:
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
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.
(310) 521–3860, email D11-SMBSectorLALB-WWM@uscg.mil.
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
§ Section
U.S.C. United States Code
lotter on DSK11XQN23PROD with RULES1
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
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
75929
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
E:\FR\FM\12DER1.SGM
12DER1
75930
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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
VerDate Sep<11>2014
16:50 Dec 09, 2022
Jkt 259001
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
1. The authority citation for part 165
continues to read as follows:
(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
■
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
2. Add § 165.T11–115 to read as
follows:
■
§ 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.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Parts 1220 and 1222
[FDMS No. NARA–22–0020; NARA–2022–
067]
RIN 3095–AC08
Federal Records Management:
Managing Electronic Records,
Including Electronic Messages
National Archives and Records
Administration (NARA).
ACTION: Final rule.
AGENCY:
We are amending our
regulations on creating and maintaining
Federal records to explicitly include
record-keeping requirements for
electronic records. On January 1, 2021,
the Federal Records Act was amended.
It now requires the Archivist of the
United States to promulgate regulations
governing Federal agency preservation
of electronic messages that are
determined to be records. We are
amending our regulations to define
electronic messages and to expressly
state records management requirements
for electronic records, including
electronic messages.
DATES: This rule is effective on January
11, 2023.
ADDRESSES: Regulatory and External
Policy Program (MP); Suite 4100;
National Archives and Records
SUMMARY:
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[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 [www.gpo.gov]
[FR Doc No: 2022-26921]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov, 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 [email protected].
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