Safety Zone; Marina Del Rey, California, 89579-89581 [2023-28632]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [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 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