SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background and Authority

Every year, Coast Guard Sector Los Angeles-Long Beach receives multiple marine event permit applications from sponsors hosting annual fireworks displays for the Fourth of July and New Year's Eve. Hazards from fireworks displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Los Angeles-Long Beach (COTP) has determined that potential hazards associated with fireworks are a safety concern for anyone within a 100-foot radius during the loading and transit of pyrotechnics aboard launch barges. Upon the commencement of the fireworks displays, the safety concern increases to anyone within a 500 to 1,000-foot radius, or a designated distance from the launch site. Therefore, the COTP is proposing to amend this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone.

III. Discussion of the Rule

This proposed rule would add eight new events, update thirteen existing events, and remove two events in 33 CFR 165.1125, Table 1, Southern California Annual Firework Events for the Los Angeles-Long Beach Captain of the Port zone.

The following events would be added to 33 CFR 165.1125, Table 1:

“Newport Beach, CA—4th of July—Fireworks,” “Two Harbors, Catalina Island, CA—4th of July—Fireworks,” “Bel Air Bay, Pacific Palisades,—4th of July—Fireworks,” “Los Alamitos Bay, CA—4th of July—Fireworks,” “Three Arch Bay, South Laguna, CA—4th of July—Fireworks,” would each establish a recurring safety zone during the first week of July, with a maximum radius of 1,000-feet around a fireworks barge.

The “Port of Los Angeles—4th of July—Fireworks” event would establish a recurring safety zone during the last week of June or first week in July, with a maximum radius of 1,000-feet around a fireworks barge. The “Port of Long Beach, CA—NYE—Fireworks” event would establish a recurring safety zone during the last week of December, with a maximum radius of 500-feet around a land-based shoot location. The “Santa Barbara Harbor, CA—Holiday Fireworks” event would establish a recurring safety zone during the last week of December, with a regulated area encompassing a specific portion Santa Barbara Harbor and East Beach, Santa Barbara. The addition of these events is necessary to protect personnel, vessels, and the marine environment during recurring events in the Los Angeles-Long Beach Captain of the Port Zone, not currently listed in 33 CFR 165.1125, Table 1.

The following events would be updated in 33 CFR 165.1125, Table 1:

• The “LA County Dept of Beach and Harbors 4th of July Fireworks” would be renamed to the “Marina Del Rey, CA—4th of July Fireworks;”
• The “Fourth of July Fireworks, City of Dana Point” would be renamed to the “Dana Point, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, City of Long Beach” would be renamed to “Port of Long Beach, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, Irvine Cove Community Association” would be renamed to the “Irvine Cove, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, Emerald Bay Community Association” would be renamed to the “Emerald Bay, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, Morro Bay CoC” would be renamed to the “Morro Bay, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, Catalina Island CoC” would be renamed to the “Avalon Bay, Catalina Island, CA—4th of July—Fireworks;”
• The “Fourth of July Fireworks, City of Redondo Beach” would be renamed to the “Redondo Beach, CA—4th of July—Fireworks,”
• The “Fourth of July Fireworks, City of San Pedro” would be renamed to the “San Pedro, CA—4th of July—Fireworks;” and
• The “Fourth of July Fireworks, City of Cayucos” would be renamed to the “Cayucos, CA—4th of July—Fireworks.”

The effective date of safety zone enforcement for these events would also be updated from “July 4th” to the “First week in July.”

The “Fourth of July Fireworks, City of Santa Barbara” would be renamed to Santa Barbara, CA—4th of July—Fireworks,” with the effective date of safety zone enforcement changed from “July 4th” to the “First week in July,” ( printed page 67536) and the regulated area changed from a 1,000-foot maximum radius around a fireworks barge, to a specific set of coordinates encompassing Santa Barbara Harbor and East Beach, CA. The “Holiday Fireworks, Los Angeles County” event would be renamed to the “Marina Del Rey, CA—Holiday—Fireworks,” with the regulated area changed from a 1,000-foot radius around a specific set of coordinates, to a “1,000-foot radius around the firework display located on the Marina Del Rey South Jetty.” The “The New Years Eve Fireworks, Los Angeles County” event would be renamed to “Marina Del Rey, CA—NYE—Fireworks,” with the regulated area changed from a 1,000-foot radius around a specific set of coordinates to a “1,000-foot radius around the firework display located on the Marina Del Rey South Jetty.” These updates are needed to better align safety zone enforcement with event names and sponsors and allow for flexibility should event dates or locations change.

This proposed rule would also remove the “Cambria American Legion Post Fourth of July Fireworks” and “Fourth of July Fireworks, City of Faria” events from 33 CFR 165.1125, Table 1. These events have not taken place within the previous 5 years, and enforcement of the associated safety zones is no longer necessary.

No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or their 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 analysis based on a number of these statutes and Executive orders.

A. 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. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. 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 for the following reasons.

Vessel traffic will be able to safely transit around this regulated area. This regulation will only impact a small area for a few hours. The enforcement period is during a time when vessel traffic is normally low. In addition, the Coast Guard will publish the events in the Local Notice to Mariners and issue a Broadcast Notice to Marines via VHF FM marine channel 16, which will allow small entities to adjust their transit plans, and the rule allows vessels to request permission to enter the regulated area from the COTP.

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 proposed rule would economically affect it.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247).

B. Collection of Information

This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

C. Federalism and Indian Tribal Governments

We have analyzed this proposed rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

Also, this proposed 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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this proposed rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. 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 et seq.), 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 proposed rule is a safety zone. 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.

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 at www.regulations.gov. To do so, go to www.regulations.gov, type USCG-2026-0941 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 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 the docket. To view available documents, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. We will post public comments in our online docket. Additional information is on the www.regulations.gov Frequently Asked Questions web page. ( printed page 67537)

Personal information. We accept anonymous comments. Comments we post to 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).

For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows:

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. 01.4.

2. In § 165.1125, replace Table 1 as follows:

91 FR 67535