Safety Zone; Marina Del Rey, California, 83511-83514 [2023-26341]
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83511
Proposed Rules
Federal Register
Vol. 88, No. 229
Thursday, November 30, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 12273]
RIN 1400–AF12
Exchange Visitor Program—Au Pairs;
Extension of Comment Period
U.S. Department of State.
Proposed rule; extension of
comment period.
AGENCY:
ACTION:
On October 30, 2023, the U.S.
Department of State (Department of
State) published a Notice of Proposed
Rulemaking for the Exchange Visitor
Program—Au pair category. The Notice
of Proposed Rulemaking provided a
deadline for submitting comments by
December 29, 2023. The Department of
State received a request from the
Alliance for International Exchange
seeking an extension of the public
comment period. The Department of
State has reviewed this request and is
announcing an extension of the public
comment period for 30 days to allow
public comments to be submitted on or
before January 28, 2024.
DATES: The comment period for the
Notice of Proposed Rulemaking
published in the Federal Register on
October 30, 2023 (88 FR 74071) is
extended. Written comments must be
received by January 28, 2024.
ADDRESSES: Interested parties may
submit comments to the Department of
State by any of the following methods:
• Visit the Regulations.gov website at:
https://www.regulations.gov and search
for the docket number DOS–2023–0025.
• Email: JExchanges@state.gov. You
must include RIN 1400–AF12 in the
subject line of your message.
• All comments should include the
commenter’s name, the organization the
commenter represents, if applicable,
and the commenter’s email address. If
the Department of State is unable to
read your comment for any reason, and
cannot contact you for clarification, the
Department of State may not be able to
consider your comment.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Karen Ward, Director, Office of Private
Sector Exchange Designation, Bureau of
Educational and Cultural Affairs, U.S.
Department of State, SA–5, 2200 C
Street NW, Washington, DC 20522–
0505. Telephone: 202–733–7852. Email:
DesignationAuPair@state.gov.
SUPPLEMENTARY INFORMATION: On
October 30, 2023, the Department of
State published a Notice of Proposed
Rulemaking for the Au pair category (88
FR 74071) (RIN 1400–AF12; Document
ID DOS–2023–0025–0001). On
November 6, 2023, the Department
received a request from the Alliance for
International Exchange (the Alliance),
whose members represent a large
percentage of Department of Statedesignated sponsors in the Au pair
category, for a minimum 30-day
extension of the public comment period
of the Notice of Proposed Rulemaking.
The Alliance requested a comment
period extension given the many
designated sponsors, exchange
community host families, participants,
and groups interested in filing
comments and the number of issues
addressed in the rule.
The Department of State has reviewed
the request and has decided to extend
the deadline. Therefore, the public
comment period for the Notice of
Proposed Rulemaking will now close on
January 28, 2024.
Karen Ward,
Director, Office of Private Sector Exchange
Designation, Bureau of Educational and
Cultural Affairs, U.S. Department of State.
[FR Doc. 2023–26292 Filed 11–29–23; 8:45 am]
‘‘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 DecisionMaking Portal at https://
www.regulations.gov. 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 D11-SMB-SectorLALBWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 4710–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0845]
RIN 1625–AA00
Safety Zone; Marina Del Rey, California
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to add two events to the table regarding
SUMMARY:
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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
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Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Proposed Rules
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.
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.
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°57′45″ N/118°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.
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.
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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
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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
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Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Proposed Rules
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
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, 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 https://
www.regulations.gov, 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 https://
www.regulations.gov 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 https://www.regulations.gov 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
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.
2. In § 165.1125, amend Table 1 to
§ 165.1125 by adding an entry for items
14 and 15 to read as follows:
■
§ 165.1125 Southern California Annual
Firework Events for the Los Angeles Long
Beach Captain of the Port zone.
*
*
*
*
*
TABLE 1 TO § 165.1125
*
*
*
*
*
*
*
14. Holiday Fireworks, Los Angeles County
Sponsor .....................................................................................................
Event Description ......................................................................................
Date ..........................................................................................................
Location ....................................................................................................
Regulated Area .........................................................................................
Los Angeles County, CA.
Fireworks Display.
Second weekend in December.
Marina Del Ray, CA.
1,000-foot radius zone around the firework display located approximately: 33°57′45″ N, 118°27′21″ W on the Marina Del Rey South
Jetty.
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15. New Years Eve Fireworks, Los Angeles County
Sponsor .....................................................................................................
Event Description ......................................................................................
Date ..........................................................................................................
Location ....................................................................................................
Regulated Area .........................................................................................
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Los Angeles County, CA.
Fireworks Display.
December 31.
Marina Del Rey, CA.
1,000-foot radius zone around the firework display located approximately: 33°57′45″ N, 118°27′21″ W on the Marina Del Rey South
Jetty.
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83514
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Proposed Rules
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
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, and 173
[Docket No. PHMSA–2020–0103 (HM–257A)]
RIN 2137–AF50
Hazardous Materials: Streamlining
Requirements for the Approval of
Certain Energetic Materials
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PHMSA proposes to amend
the Hazardous Materials Regulations to
revise the classification and approval
process for certain low-hazard
fireworks; to revise classification criteria
for small arms cartridges to include
tracer ammunition; to include the
PHMSA portal as the method to submit
applications for all explosives
approvals; and to allow for voluntary
termination of an explosive approval by
the approval holder.
DATES: Comments must be submitted by
February 28, 2024. PHMSA will
consider late-filed comments to the
extent possible.
ADDRESSES: You may submit comments
by identification of the docket number
(PHMSA–2020–0103 [HM–257A]) by
any of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 1–202–493–2251.
Mail: Docket Management System,
U.S. Department of Transportation,
Docket Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: Include the agency name
and docket number PHMSA–2020–0103
(HM–257A) or RIN 2137–AF50 for this
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SUMMARY:
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rulemaking at the beginning of your
comment. Note that all comments
received will be posted without change
to https://www.regulations.gov
including any personal information
provided. If sent by mail, comments
must be submitted in duplicate. Persons
wishing to receive confirmation of
receipt of their comments must include
a self-addressed stamped postcard.
Docket: For access to the public
docket to read background documents
or comments received, visit https://
www.regulations.gov or the DOT Docket
Operations Office (see ADDRESSES).
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA;
5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive
to this NPRM contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ Submissions containing
CBI should be sent to Eugenio Cardez,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590–0001. Any commentary PHMSA
receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr.
Eugenio Cardez, Transportation
Specialist, Standards and Rulemaking
Division, Office of Hazardous Materials
Safety, 202–366–8553, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Low Hazard Fireworks
B. Tracer Ammunition
C. Changes to the Approvals Process
II. Incorporation by Reference Discussion
Under 1 CFR Part 51
III. Proposed Amendments
A. Establishing Exceptions for Ground and
Novelty Device Fireworks
B. Authorizing the Self-Classification of
Tracer Ammunition
C. Amending the Approvals Process
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Orders 12866 and 14094; DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive
Order 13272
F. Paperwork Reduction Act
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G. Unfunded Mandates Reform Act of 1995
H. Draft Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International
Trade Analysis
K. National Technology Transfer and
Advancement Act
L. Severability
M. Cybersecurity and Executive Order
14028
I. Background
The pyrotechnic industry is a global
logistics supply chain comprised of
mostly foreign fireworks manufacturers
and domestic importers, retailers,
distributors, carriers, and consumers.
Fireworks are a Class 1 explosive
material in accordance with the
Hazardous Materials Regulations (HMR;
49 Code of Federal Regulations (CFR)
parts 171–180). Class 1 explosives are
divided into six divisions based on their
explosion hazard: 1.1, 1.2, 1.3, 1.4, 1.5,
and 1.6. PHMSA proposes to amend the
classification and approval process of
certain low-hazard fireworks of Division
1.4G. As defined in § 173.50 of the
HMR, Division 1.4 consists of
explosives that present a minor
explosion hazard. Division 1.4
explosives have explosive effects that
are largely confined to the package; no
projection of fragments of appreciable
size or range is to be expected; and an
external fire must not cause virtually
instantaneous explosion of almost the
entire contents of the package.
Explosives are assigned compatibility
codes used to specify the controls for
the transportation, and storage related
thereto, of explosives and to prevent an
increase in hazard that might result if
certain types of explosives were stored
or transported together. Explosives
assigned a ‘‘G’’ code are not limited to
fireworks and may also be defined as
pyrotechnic substances or articles
containing a pyrotechnic substance, or
articles containing both an explosive
substance and an illuminating,
incendiary, tear-producing or smokeproducing substance.
Subpart C of part 173 details
requirements for the classification and
packaging of Class 1 explosive materials
and specifies that explosives, including
fireworks, must be approved and
assigned an explosives approval number
—i.e., an EX number—by PHMSA,
based on actual testing and
classification, prior to transportation to,
from, and within the United States.
Section 173.64 permits Division 1.3G
and 1.4G fireworks to be approved
without prior examination based on
certain conditions, including
compliance with the provisions of the
2018 American Pyrotechnic Association
(APA) Standards 87–1A, 1B, and 1C,
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2023-26341]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov. 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
[email protected].
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 https://www.regulations.gov. To
do so, go to https://www.regulations.gov, 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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.
0
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
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
14. Holiday Fireworks, Los Angeles County
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
15. New Years Eve Fireworks, Los Angeles County
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
[[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
