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

CourtCoast Guard
Citation86 FR 34958
Published date01 July 2021
SectionRules and Regulations
Record Number2021-14052
Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
                [Rules and Regulations]
                [Pages 34958-34960]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-14052]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR 165
                [Docket Number USCG-2021-0439]
                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 SWOB-1, during the loading of pyrotechnics at Los Angeles
                Berth 184, the transit of the barge from LA Berth 184 to the display
                location in vicinity of Southeast of Balboa Pier and for the duration
                of the fireworks display, on July 4, 2021. This temporary safety zone
                is necessary to provide for the safety of the waterway users by keeping
                them clear of potential harmful debris within the fall out zone during
                the fireworks display scheduled to take place within Newport Beach
                Harbor, and the loading and transit of the explosives. 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,
                2021.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to http://www.regulations.gov, type USCG-
                2021-0439 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 34959]]
                (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 application on May 9th, 2021 however, the application was
                incomplete and did not address the vessels that would be used to carry
                out the event. As the Coast Guard received late notification of the
                fireworks display vessels, there is not sufficient time for notice and
                comment procedures.
                 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 immediate action is necessary to protect
                persons and property from the dangers associated with the fireworks
                event on July 4, 2021.
                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 because the fireworks display creates potential for hazards for
                any person or vessel within a 1,000-foot radius of the fireworks launch
                barge. 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 the Newport Beach Harbor.
                IV. Discussion of the Rule
                 This rule establishes a temporary safety zone on July 4, 2021,
                encompassing all navigable waters from the surface to the sea floor
                within a 100-foot radius around the fireworks launch barge SWOB-1,
                during the loading of the pyrotechnics at LA Berth 184, and during the
                transit of the fireworks barge from LA Berth 184 to the fireworks
                launch site in approximate position: 33[deg]35.474' N; 117[deg]53.296'
                W, in vicinity of Newport Beach Harbor. 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
                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 effect of this
                rule will not be significant because the local waterway users will be
                notified via public Broadcast Notice to Mariners to ensure the safety
                zone will result in minimum impact. 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
                [[Page 34960]]
                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.T11-060 to read as follows:
                Sec. 165.T11-060 Safety Zone; Caruso Affiliated Holdings Fireworks
                Event, 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-1, during the loading of the
                pyrotechnics at Los Angeles Berth 184, and during the transit of the
                fireworks barge from Los Angeles Berth 184 to the fireworks launch site
                in approximate position: 33[deg]35.474' N; 117[deg]53.296' W, in
                vicinity of Newport Beach Harbor. 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 p.m. 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, 2021. 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 25, 2021.
                R.E. Ore,
                Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
                Beach.
                [FR Doc. 2021-14052 Filed 6-30-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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