89578 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

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 a safety 

zone lasting only 50 minutes that will 

prohibit entry within 105 feet of the 

fireworks launch site. 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. Add § 165.T09–0986 to read as 

follows: 

§ 165.T09–0986 Safety Zone; Erie Canal, 

North Tonawanda, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Erie Canal, 

from surface to bottom, encompassed by 

a 105-foot radius around 43°01′17.96′′ N 

78°52′41.04′′ W. 

(b) Definitions. As used in 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 Eastern Great Lakes (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP Eastern Great 

Lakes or a designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Eastern Great Lakes or 

their designated representative to obtain 

permission to do so. The COTP Eastern 

Great Lakes or their designated 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP 

Eastern Great Lakes, or their designated 

representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 11:40 p.m. on December 

31, 2023 to 12:30 a.m. on January 1, 

2024. 

Dated: December 19, 2023. 

M.I. Kuperman, 

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

Port Eastern Great Lakes. 

[FR Doc. 2023–28650 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–2023–0984] 

Safety Zone; Marina del Rey, California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a recurring firework 

event taking place December 31, 2023, 

in the Los Angeles-Long Beach Captain 

of the Port Zone. This action is 

necessary and intended to provide for 

the safety of life and property on 

navigable waterways during these 

events. During the enforcement period, 

the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or any official patrol vessels displaying 

a Coast Guard ensign. 

DATES: The regulations in 33 CFR 

165.1125 will be enforced for the 

location identified in table 1 to 

§ 165.1125 item 15 from 8 p.m. on 

December 31, 2023, through 1 a.m. on 

January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, contact 

LCDR Kevin Kinsella, U.S. Coast Guard 

Sector Los Angeles—Long Beach by 

telephone (310) 467–2099 or email D11- 

SMB-SectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone in 33 

CFR 165.1125, Table 1 to § 165.1125, 

item 15, for New Year’s Eve Fireworks, 

Los Angeles County, from 8 p.m. on 

December 31, 2023, to 1 a.m. on January 

1, 2024. This action is being taken to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for firework events 

within the Los Angeles Long Beach 

Captain of the Port zone, Table 1 to 

§ 165.1125 item 15, specifies the 

location of the regulated area for the 

New Year’s Eve Fireworks which 

encompasses portions of the Marina del 

Rey Harbor and Ballona Creek. During 

the enforcement periods, as reflected in 

§ 165.1125, if you are the operator of a 

vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

The Coast Guard recently published a 

proposed rule (88 FR 83511, November 

30, 2023) and subsequent final rule 


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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.’’ 


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