FR 2024-28752

The document from the Federal Register discusses a temporary rule established by the Coast Guard to create a safety zone in Santa Barbara Harbor on December 8, 2024. This safety zone is implemented to protect individuals, vessels, and the environment from potential hazards that may arise during a scheduled fireworks display. The zone will be in effect for one and a half hours, during which time entry is prohibited unless expressly authorized.

General Summary

This temporary rule outlines a safety measure taken by the Coast Guard to ensure the safety of people and vessels during a fireworks event. The safety zone will cover all navigable waters within Santa Barbara Harbor from 6 p.m. to 7:30 p.m. During this time, neither persons nor vessels are allowed to enter the zone unless they have obtained permission from the Captain of the Port of Los Angeles-Long Beach. The document details the legal authority for implementing this rule and provides a description of the decision-making process that led to its immediate enforcement.

Significant Issues or Concerns

Several issues arise from this document. Primarily, it lacks a detailed justification or cost analysis for the imposition of the safety zone, which might concern local stakeholders, particularly businesses that could be affected during the restricted time. The document uses legal jargon and references to statutory provisions and executive orders, which could be difficult for the general public to understand. Additionally, it does not offer potential alternatives to the creation of a safety zone, raising questions about whether less intrusive measures could have been considered.

Moreover, the document mentions that small businesses may not be significantly impacted but fails to provide specific examples or a detailed analysis of how the rule might economically affect local businesses in the harbor area. The location details are provided as geographical coordinates, which may not be easily understandable for those not familiar with them. Lastly, while the process for vessels to seek entry permission is briefly mentioned, it lacks comprehensive detail, which might lead to confusion among vessel operators.

Impact on the Public

The document primarily impacts local residents, business owners, and vessel operators in the Santa Barbara Harbor area. By implementing this temporary safety zone, the Coast Guard aims to prevent incidents and ensure the public's safety, which is a positive outcome of this rule. The safety zone will temporarily restrict access, potentially impacting recreational plans or business operations during the event. Vessel operators without clear instructions might face challenges navigating the permission process, leading to confusion or operational delays.

Impact on Specific Stakeholders

For local businesses and small entities in the area, this rule could present challenges, particularly if their operations rely on open access to the harbor during the specified times. On the other hand, the rule is likely to mitigate risks associated with marine and environmental hazards, thereby positively maintaining overall safety standards, which benefits the broader community.

The Coast Guard's decision to expedite this rule without typical notice and comment periods might be criticized for not providing enough lead time for stakeholders to prepare or voice concerns. Stakeholders, including protestors or those wishing to challenge the rule, are reminded of their First Amendment rights to protest, with guidance on how to coordinate such activities without compromising safety or security. While the rule aims to protect, the manner of its enforcement and lack of comprehensive public engagement could be seen as a downside for some stakeholders.

The document under review outlines a temporary safety zone being established by the U.S. Coast Guard for a fireworks event in Santa Barbara Harbor, highlighting potential financial implications as well as regulatory considerations.

Summary of Financial References

The primary financial reference in the document pertains to the Unfunded Mandates Reform Act of 1995. It mentions actions that may result in expenditures of $100,000,000 or more by State, local, or tribal governments, or the private sector within a year. This figure is cited in the context of discussing the rule's compliance with the Act, indicating that the rule is not expected to trigger such significant expenses. Importantly, the document does not indicate any direct spending, appropriations, or financial allocations specific to the establishment of the safety zone.

Relation to Identified Issues

The financial reference in the document highlights several issues associated with the rulemaking process. Firstly, while the document mentions the substantial expenditure threshold from the Unfunded Mandates Reform Act, it lacks a detailed justification or cost analysis regarding potential financial impacts on local businesses or governments. This omission could be significant, especially if enforcement of the safety zone affects commercial activities in the Santa Barbara Harbor area.

Moreover, the complexity of the language and the bureaucratic nature of the document could make it challenging for local entities or taxpayers to fully grasp the potential financial implications. The absence of specific examples or analyses addressing how small businesses might be financially impacted underscores a gap in communication that could raise concerns among stakeholders.

Lastly, the document's failure to discuss whether alternative, potentially less costly safety measures were considered signals a need for broader financial and economic analysis. Such an analysis could provide valuable insights into the decision-making process and reinforce transparency, particularly concerning fiscal prudence and impact on local economies.