[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Rules and Regulations]
[Pages 75249-75251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29369]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0902]
RIN 1625-AA00


Safety Zone: Google's Night at Sea Fireworks Display, San 
Francisco Bay, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the San Francisco Bay near the breakwater in 
Alameda, CA in support of Google's Night at Sea Fireworks Displays on 
December 7, 2013 and December 14, 2013. These safety zones are 
established to help protect the participants and spectators from the 
dangers associated with pyrotechnics. Unauthorized persons or vessels 
are prohibited from entering into, transiting through, or remaining in 
the safety zones without permission of the Captain of the Port or their 
designated representative.

DATES: This rule is effective on December 7, 2013 and December 14, 
2013. This rule will be enforced from 12:01 p.m. to 10:45 p.m. on 
December 7, 2013 and from 12:01 p.m. to 11:30 p.m. on December 14, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0902. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or email at [email protected]. If you have questions on viewing or submitting 
material to the docket, call Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 because the event would occur before the 
rulemaking process would be completed. Because of the dangers posed by 
the pyrotechnics used in these fireworks displays, the safety zones are 
necessary to provide for the safety of event participants, spectators, 
spectator craft, and other vessels transiting the event area. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect during the event. 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.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    Google will sponsor the Google's Night at Sea Fireworks Displays on 
December 7, 2013 and December 14, 2013 near the breakwater in Alameda, 
CA in approximate position 37[deg]46'07'' N, 122[deg]19'10'' W (NAD83) 
as depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. These safety zones establish a temporary restricted area 
on the waters 100 feet surrounding the fireworks barges during the 
loading, transit and arrival of the pyrotechnics from the loading site 
to the launch site until the commencement of the fireworks displays. 
Upon the commencement of the fireworks displays, the safety zones will 
increase in size and encompass the navigable waters around the 
fireworks barges within a radius of 420 feet. The fireworks displays 
are meant for entertainment purposes. The restricted area around the 
fireworks barges is necessary to protect spectators, vessels, and other 
property from the hazards associated with pyrotechnics.

C. Discussion of the Final Rule

    The Coast Guard will enforce safety zones in navigable waters 
around and under the fireworks barges within a radius of 100 feet 
during the loading, transit, and arrival of the fireworks barges to the 
display location until the start of the fireworks displays. From 12:01 
p.m. until 9 p.m. on December 7, 2013 and from 12:01 p.m. until 8 p.m. 
on December 14, 2013 the fireworks

[[Page 75250]]

barges will be loaded at Pier 50 in San Francisco, CA. From 9 p.m. 
until 9:45 p.m. on December 7, 2013 and from 8 p.m. until 8:45 p.m. on 
December 14, 2013 the loaded fireworks barges will transit from Pier 50 
to the launch site near the breakwater in Alameda, CA in approximate 
position 37[deg]46'07'' N, 122[deg]19'10'' W (NAD 83) where they will 
remain until the commencement of the fireworks displays. Upon the 
commencement of the fireworks display, scheduled to take place from 
10:15 p.m. to 10:45 p.m. on December 7, 2013; from 9:15 p.m. to 9:20 
p.m. on December 14, 2013; and from 11:15 p.m. to 11:30 p.m. on 
December 14, 2013, the safety zones will increase in size and encompass 
the navigable waters around and under the fireworks barges within a 
radius 420 feet in approximate position 37[deg]46'07'' N, 
122[deg]19'10'' W (NAD 83) for the Google's Night at Sea Fireworks 
Displays. At the conclusion of the fireworks displays the safety zones 
shall terminate.
    The effect of the temporary safety zones will be to restrict 
navigation in the vicinity of the fireworks barges while the fireworks 
are set up, and until the conclusion of the scheduled displays. Except 
for persons or vessels authorized by the Coast Guard Patrol Commander, 
no person or vessel may enter or remain in the restricted areas. These 
regulations are needed to keep spectators and vessels away from the 
immediate vicinity of the fireworks barges to ensure the safety of 
participants, spectators, and transiting vessels.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zones 
are limited in duration, and are limited to a narrowly tailored 
geographic area. In addition, although this rule restricts access to 
the waters encompassed by the safety zones, 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 
zones will result in minimum impact. The entities most likely to be 
affected are waterfront facilities, commercial vessels, and pleasure 
craft engaged in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. These safety zones would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The safety zones will be activated, and thus 
subject to enforcement, for a limited duration. When the safety zones 
are activated, vessel traffic will be able to navigate around the 
safety zones. The maritime public will be advised in advance of this 
safety zones via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not

[[Page 75251]]

an economically significant rule and does not create an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(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 safety zones of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination 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.

E. List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.
0
2. Add temporary Sec.  165-T11-609 to read as follows:


Sec.  165-T11-609  Safety zone; Google's Night at Sea Fireworks 
Display, San Francisco Bay, Alameda, CA.

    (a) Location. These temporary safety zones are established in the 
navigable waters of the San Francisco Bay near the breakwater in 
Alameda, CA as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. From 12:01 p.m. until 10:15 p.m. on 
December 7, 2013, from 12:01 p.m. until 9:15 p.m. on December 14, 2013, 
and from 9:20 p.m. until 11:15 p.m. on December 14, 2013, the temporary 
safety zones apply to the nearest point of the fireworks barges within 
a radius of 100 feet during the loading, transit, and arrival of the 
fireworks barges from Pier 50 to the launch site near the breakwater in 
Alameda, CA in approximate position 37[deg]46'07'' N, 122[deg]19'10'' W 
(NAD83). From 10:15 p.m. until 10:45 p.m. on December 7, 2013, from 
9:15 p.m. until 9:20 p.m. on December 14, 2013, and from 11:15 p.m. 
until 11:30 p.m. on December 14, 2013, the temporary safety zones will 
increase in size and encompass the navigable waters around and under 
the fireworks barges in approximate position 37[deg]46'07'' N, 
122[deg]19'10'' W (NAD83) within a radius of 420 feet.
    (b) Enforcement Period. The zones described in paragraph (a) of 
this section will be enforced from 12:01 p.m. through 10:45 p.m. on 
December 7, 2013 and from 12:01 p.m. through 11:30 p.m. on December 14, 
2013. The Captain of the Port San Francisco (COTP) will notify the 
maritime community of periods during which these zones will be enforced 
via Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part 
165, Subpart C, entry into, transiting or anchoring within these safety 
zones is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zones must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zones must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zones on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: November 26, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-29369 Filed 12-10-13; 8:45 am]
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