[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38996-38998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13992]



[[Page 38996]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[Docket Number USCG-2022-0496]
RIN 1625-AA00


Safety Zone; Caruso Affiliated Holdings Fireworks Event, Newport 
Beach, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone near 
Balboa Pier, Newport Beach Harbor, California, around the fireworks 
launch barge during the loading of pyrotechnics, the transit of the 
barge to the display location in vicinity of Southeast of Balboa Pier, 
and for the duration of the fireworks display on July 4, 2022. This 
temporary safety zone is necessary to protect waterway users from the 
hazards of fireworks and harmful debris within the fall out zone during 
the fireworks display within Newport Beach Harbor, CA. Entry of persons 
or vessels into this temporary safety zone is prohibited unless 
specifically authorized by the Captain of the Port, Los Angeles--Long 
Beach, or her designated representative.

DATES: This rule is effective from 7 p.m. through 11 p.m. on July 4, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0496 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 (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 the timing of the event. The event sponsor submitted 
their completed application with short notice. As the Coast Guard 
received late notification of the fireworks display vessels, it is 
impracticable to publish an NPRM with a comment period and have 
sufficient time to consider the comments before the scheduled event on 
July 4, 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 July 
4, 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 (COTP), Los Angeles--Long Beach has 
determined that potential hazards associated with navigation safety may 
arise. The fireworks display creates potential for hazards for any 
person or vessel within a 100-foot radius around the fireworks launch 
barge SWOB-20, during the loading of the pyrotechnics at Pacific 
Tugboat Services, 1512 Pier C St., and during the transit of the 
fireworks barge from Pacific Tugboat Services to the fireworks launch 
area. There is also a 1,000-foot safety radius around the fireworks 
launch barge 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 Newport Beach Harbor, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on July 4, 2022, 
encompassing all navigable waters from the surface to the sea floor 
within a 100-foot radius around the fireworks launch barge SWOB-20 
during the loading of the pyrotechnics at Pacific Tugboat Services at 
1512 Pier C St. The safety zone will continue during the transit of the 
fireworks barge from Pacific Tugboat Services to the fireworks launch 
site at approximate position: 33[deg]35.474' N; 117[deg]53.296' W, in 
vicinity of Newport Beach Harbor, CA. The temporary safety zone will 
then increase to 1,000-feet 15 minutes prior to, and for the duration 
of the fireworks display, expected to commence at 9 p.m. and last 
approximately 30 minutes. These coordinates are based on North American 
Datum of 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. 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

[[Page 38997]]

managed and controlled through a budgeting process.''
    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 
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 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 Newport Beach Harbor, Newport, 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. 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 46 U.S.C. 70034, 70051

    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.


0
2. Add Sec.  165.T11-100 to read as follows:


Sec.  165.T11-100  Safety Zone; Caruso Affiliated Holdings; Newport 
Beach, California.

    (a) Location. The following area is a safety zone: all navigable 
waters from the surface to the sea floor within a 100-foot radius 
around the fireworks launch barge SWOB-20, during the loading of the 
pyrotechnics at Pacific Tugboat Services, 1512 Pier C St., and during 
the transit of the fireworks barge from Pacific Tugboat Services to the 
fireworks launch site in approximate position: 33[deg]35.474' N; 
117[deg]53.296' W, in vicinity of Newport Beach Harbor, CA. The 
temporary safety zone will then increase to 1,000-feet 15 minutes prior 
to, and for the duration of the fireworks display, expected to commence 
at 9:00

[[Page 38998]]

p.m. on July 4th, 2022, and 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 vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port 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 7 p.m. 
to 11 p.m. on July 4, 2022. The firework display is scheduled to 
commence at 9 p.m. This rule will be enforced during the loading, 
transit and duration of the fireworks display, which will be 
broadcasted via local Broadcast Notice to Mariners in accordance with 
33 CFR 165.7.

    Dated: June 23, 2022.
K.L. Bernstein,
Captain, U.S. Coast Guard Acting Captain of the Port, Los Angeles Long 
Beach.
[FR Doc. 2022-13992 Filed 6-29-22; 8:45 am]
BILLING CODE 9110-04-P