[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67694-67696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1078]
RIN 1625-AA00


Safety Zone; Marina Del Rey Fireworks Event; Marina Del Rey, 
California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone 
in Marina Del Rey Harbor around the fireworks launch site located at 
the south jetty. This temporary safety zone is necessary to provide for 
the safety of the waterway users by keeping them clear of potentially 
harmful debris within the fall out zone during the fireworks displays 
scheduled to take place within Marina Del Rey harbor on December 31, 
2018 and January 1, 2019. Entry of persons or vessels into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP), Los Angeles--Long Beach, or her designated representative.

DATES: This rule is effective from 12:01 a.m. on December 31, 2018, 
until 1:01 a.m. on January 1, 2019. This rule will be enforced during 
the duration of the fireworks displays occurring within the effective 
period, which will be broadcasted via local Broadcast Notice to 
Mariners.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1078 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 on this rule, 
call or email Waterways Management, U.S. Coast Guard Sector Los 
Angeles--Long Beach; telephone (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 in 
this case due to having received initial notice of the event on 
December 3, 2018.
    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, 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 impracticable due to the date of the events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 1231. The COTP, Los Angeles--Long Beach, has determined that 
potential hazards associated with navigation safety that arise because 
the fireworks display creates potential for hazards for any person or 
vessel within a 500-foot radius of the fireworks launch site. 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 harbor.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from December 31, 
2018 to January 1, 2019, encompassing all navigable waters from the 
surface to the sea floor within a 500-foot radius

[[Page 67695]]

around the fireworks launch site at the south jetty in approximate 
position: 33[deg]57.760N 118[deg]27.328W, in the Marina Del Rey harbor 
for the duration of two fireworks displays, respectively expected to 
commence at 9:00 p.m. on December 31, 2018 and 12:00 a.m. on January 1, 
2019, with each display lasting for approximately 15 minutes. These 
coordinates are based on North American Datum of 1983.
    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. Sector Los Angeles--Long Beach 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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. This safety zone 
is limited in size, duration and location, which will impact a specific 
area within the Marina Del Rey harbor. In addition, although this rule 
restricts access to the waters encompassed by the safety zone, the 
effect of this rule will not be significant because the local waterway 
users will be notified via public Local Notice to Mariners to ensure 
the safety zone will result in minimum impact. 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 
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 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 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 Commandant Instruction M16475.lD, 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 is categorically excluded from further review under paragraph 
L60(a) of Section L of the Department of Homeland Security Instruction 
Manual 023-01-001-01 (series). An environmental analysis checklist 
supporting this determination and Record of Environmental

[[Page 67696]]

Consideration (REC) are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T11-903 to read as follows:


Sec.  165.T11-903  Safety Zone; Marina Del Rey Fireworks Event; Marina 
Del Rey, California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor within a 500-foot radius 
around the fireworks launch site at the south jetty in approximate 
position: 33[deg]57.760N 118[deg]27.328W. These coordinates are based 
on North American Datum of 1983.
    (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 vessel and a Federal, State, and local officer 
designated by or assisting the 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 her 
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 her designated representative.
    (d) Enforcement period. This duration of this rule is from 12:01 
a.m. on December 31, 2018 through 1:01 a.m. on January 1, 2019 in 
Marina Del Rey harbor and will be enforced for the duration of two 
fireworks displays, respectively expected to commence at 9:00 p.m. on 
December 31, 2018 and 12:00 a.m. on January 1, 2019, with each display 
lasting for approximately 15 minutes. No vessel or person would be 
permitted to operate in the safety zone without obtaining permission 
from the COTP or her designated representative. The safety zone will 
only be enforced during the specific dates scheduled for fireworks 
displays during this period. General boating public will be notified 
prior to the enforcement of the temporary safety zone via Broadcast 
Notice to Mariners.

    Dated: December 19, 2018.
M.L. Rochester,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long 
Beach.
[FR Doc. 2018-28355 Filed 12-28-18; 8:45 am]
 BILLING CODE 9110-04-P