[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]


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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: Notice of proposed rulemaking.

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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
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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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[[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