Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89579 

titled ‘‘Safety Zone; Marina Del Rey, 

California’’ which proposed to add this 

event 15 to the table 1 to § 165.1125. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

If the Captain of the Port Los 

Angeles—Long Beach determines that 

the safety zone need not to be enforced 

for the full duration stated in this 

notice, the Captain of the Port may use 

a Broadcast Notice to Mariners to reflect 

the change. 

Dated: December 20, 2023. 

R.D. Manning, 

Captain, U.S. Coast Guard, Captain of the 

Port, Los Angeles—Long Beach. 

[FR Doc. 2023–28631 Filed 12–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0968] 

Safety Zone; San Francisco New 

Year’s Eve Fireworks; San Francisco 

Bay, San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in the navigable waters 

of the San Francisco Bay near the San 

Francisco Ferry building for the San 

Francisco New Year’s Eve Fireworks 

Display. The safety zone will be 

enforced December 31, 2023, into 

January 1, 2024. This action is necessary 

to protect personnel, vessels, and the 

marine environment from the dangers 

associated with pyrotechnics. During 

the enforcement period, unauthorized 

persons or vessels are prohibited from 

entering, transiting through, or 

remaining in the safety zone, unless 

authorized by the Patrol Commander 

(PATCOM) or other Federal, State, or 

local law enforcement agencies. 

DATES: The regulation in 33 CFR 

165.1191 will be enforced for the 

location described in Table 1 to 

§ 165.1191, Item number 24, from noon 

on December 31, 2023, through 12:45 

a.m. on January 1, 2024, or as 

announced via Broadcast Notice to 

Mariners. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, U.S. 

Coast Guard Sector San Francisco, 

Waterways Management Division; 

telephone (415) 399–7443, or email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulations in 33 CFR 165.1191 for the 

event and location listed in Table 1 to 

§ 165.1191, Item number 24, for the San 

Francisco New Year’s Eve Firework 

Display from noon on December 31, 

2023, through 12:45 a.m. on January 1, 

2024. The Coast Guard will enforce a 

100-foot safety zone around the 

fireworks barge during the loading, 

standby, transit, and arrival of the 

fireworks barge from the loading 

location to the display location and 

until the start of the fireworks display. 

On December 31, 2023, the fireworks 

barge will be loaded with pyrotechnics 

at Pier 64, Wharf 4 in San Francisco, CA 

from approximately noon until 

approximately 6 p.m. The fireworks 

barge will remain on standby at the load 

location until their transit to the display 

location. From 10:45 to 11:15 p.m. on 

December 31, 2023, the loaded 

fireworks barge will transit from Pier 64, 

Wharf 4 to the launch site near the San 

Francisco Ferry Building in 

approximate position 37°47′45′′ N, 

122°23′15′′ W (NAD 83), where they will 

remain until the conclusion of the 

fireworks display. At approximately 

11:45 p.m. on December 31, 2023, 15- 

minutes prior to the fireworks display, 

the safety zone will expand to 

encompass all navigable waters, from 

surface to bottom, within a circle 

formed by connecting all points 1,000 

feet out from the fireworks barge. The 

fireworks barge will be near the San 

Francisco Ferry Building in San 

Francisco, CA in approximate position 

37°47′45′′ N, 122°23′15′′ W (NAD 83) as 

set forth in 33 CFR 165.1191, Table 1, 

Item number 24. The safety zone will be 

enforced until 12:45 a.m. on January 1, 

2024, or as announced via Broadcast 

Notice to Mariners. 

In addition to this notification in the 

Federal Register, the Coast Guard plans 

to provide notification of the safety zone 

and its enforcement period via the Local 

Notice to Mariners. 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within the safety zone during all 

applicable effective dates and times, 

unless authorized to do so by the 

PATCOM or other Official patrol, 

defined as a Federal, State, or local law 

enforcement agency on scene to assist 

the Coast Guard in enforcing the 

regulated area. Additionally, each 

person who receives notice of a lawful 

order or direction issued by the 

PATCOM or Official Patrol shall obey 

the order or direction. The PATCOM or 

Official Patrol may, upon request, allow 

the transit of commercial vessels 

through the regulated areas when it is 

safe to do so. 

If the COTP determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to grant general permission to 

enter the regulated area. 

Dated: December 22, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2023–28713 Filed 12–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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.’’ 


khammond on DSKJM1Z7X2PROD with RULES
89580 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

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 

D11-SMB-SectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 AngelesLong 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 twohour 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. 


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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 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 

■ 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. 

■ 2. In § 165.1125, amend Table 1 to 

§ 165.1125 by adding entries for items 

14 and 15 to read as follows: 

§ 165.1125 Southern California Annual 

Firework Events for the Los Angeles Long 

Beach Captain of the Port zone. 

* * * * * 

TABLE 1 TO § 165.1125 

*******

14. Holiday Fireworks, Los Angeles County 

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°57′45′′ N, 

118°27′21′′ W on the Marina Del Rey South Jetty. 

15. New Years Eve Fireworks, Los Angeles County 

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°57′45′′ N, 

118°27′21′′ W on the Marina Del Rey South Jetty. 

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 


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