[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 http://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