9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0562]
RIN 1625-AA00
Safety Zone: Port of Los Angeles, Main Channel
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone around a
firework display platform located in the Port of Los Angeles. The safety zone will
encompass the navigable waters within a 1000-foot radius of the pyrotechnic platform
located in the main channel of the Port of Los Angeles, CA. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential hazards created by
the firework show. Entry of vessels or persons into these zones is prohibited unless
specifically authorized by the Captain of the Port, Los Angeles-Long Beach.
DATES: This rule is effective from June 28, 2024, from 8:30 p.m. to 10 p.m.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0562 in the search box and
click "Search." Next, in the Document Type column, select “Supporting & Related
Material.”
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, e-mail D11-SMB-SectorLALB-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations

CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5 U.S.C.
553(b)(B). This statutory 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.” Id. The
Coast Guard finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because doing so would be impracticable
and contrary to the public interest. The Captain of the Port, Los Angeles – Long Beach
(COTP) was notified of the impending event less than 15 days in advance and immediate
action is needed to respond to the potential safety hazardous associated with the large
display of pyrotechnics within the Port of Los Angeles.
Also, 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 and contrary to the public
interest because immediate action is needed to ensure navigational safety amidst the
potential safety hazards associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
COTP has determined that potential hazards associated with the firework show occurring
on June 28, 2024, will be a safety concern for anyone within a 1000-foot radius of the
pyrotechnics platforms. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters before, during and after the scheduled firework
event within the designated safety zones.

IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 p.m. until 10 p.m. on June 28, 2024.
The safety zone will cover all navigable waters within a 1000-foot radius of the
pyrotechnics platform located in the Port of Los Angeles main channel in approximate
position: 33°44’40” N 118°16’27” W. The duration of the zones is intended to protect
personnel, vessels, and the marine environment in these navigable waters before, during,
and after the scheduled events. 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. The Coast Guard will be issuing Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zones, 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 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.
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 a
safety zone lasting only 1.5 hours that will prohibit entry within a 1000-foot radius of the
pyrotechnics platform used for the firework event. 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 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.T11-169 to read as follows:
§ 165.T11-169 Safety Zone: Port of Los Angeles, Main Channel
(a) Location. The following area is a safety zone: All waters from surface to
bottom, within a 1000-foot radius of the designated firework display platforms located in
Port of Los Angeles, Main Channel in approximate position 33°44’40” N 118°16’27” W.
These coordinates are based on the North American Datum of 1983.
(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 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, contact the PATCOM, the COTP’s
representative, by VHF-FM Channel 13 (156.65 MHz) or 16 (156.8MHz). 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 during the following dates
and times: June 28, 2024, from 8:30 p.m. to 10 p.m.

S. L. Crecy,
Captain, U.S. Coast Guard,
Captain of the Port, Los Angeles - Long Beach.
[FR Doc. 2024-14234 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]