[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22946-22948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09030]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0154]
RIN 1625-AA00


Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend several permanent safety 
zones located in the Captain of the Port San Francisco zone that are 
established to protect public safety during annual firework displays. 
These amendments will update listed events to accurately reflect the 
firework display locations. This proposed rulemaking would limit the 
movement of vessels within the established firework display areas 
unless authorized by the Captain of the Port (COTP) San Francisco or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 19, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0154 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Junior Grade Christina 
Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, 
email [email protected].

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
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is conducting this rulemaking under the authority 
of 33 U.S.C. 1231. Fireworks displays are held annually on a recurring 
basis on the navigable waters within the COTP San Francisco zone. Three 
of the annual fireworks events that require safety zones do not 
currently reflect the accurate location of the respective display 
sites. These safety zones are necessary to provide for the safety of 
the crew, spectators, participants of the event, participating vessels, 
and other users and vessels of the waterway from the hazards associated 
with firework displays. The effect of these proposed safety zones will 
be to restrict general navigation in the vicinity of the events, from 
the start of each event until the conclusion of that event. Except for 
the persons or vessels authorized by the COTP San Francisco or a 
designated representative, no person or vessel may enter or remain in 
the regulated area. These regulations are needed to keep spectators and 
vessels a safe distance away from the fireworks displays to ensure the 
safety of participants, spectators, and transiting vessels.

III. Discussion of Proposed Rule

    The Coast Guard has reviewed 33 CFR 165.1191for accuracy. The Coast 
Guard is proposing to amend Table 1 in Sec.  1191 to update three 
events to reflect the current event locations. These events are listed 
numerically in Table 1 of this section: (7), (8), (22). The display 
locations currently listed have been deemed undesirable or hazardous by 
the event sponsors. The COTP San Francisco has determined that 
potential hazards associated with the current fireworks locations would 
be a safety concern for event crew, spectators, participants of the 
event, participating vessels, and other users and vessels of the 
waterway. The Coast Guard proposes this rulemaking under authority in 
33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Department of Homeland Security Delegation No. 0170.1.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of each safety zone. Vessel traffic 
would be able to safely transit around each safety zone which would 
impact a small designated area of the COTP San Francisco zone for less 
than 1 hour during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Local Notice to Mariner and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zones.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a

[[Page 22947]]

significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 involves a safety 
zones lasting less than 1 hour that would prohibit entry within 1,000 
feet of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and 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 proposed 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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend to 33 CFR part 165 as follows:

33 CFR PART 165--[AMENDED]

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1.

    In Sec.  165.1191, in Table 1 to Sec.  165.1191, revise items 7, 8, 
and 22, to read as follows:


Sec.  165.1191  Northern California and Lake Tahoe Area Annual 
Fireworks Events.

* * * * *

[[Page 22948]]



                       Table 1 to Sec.   165.1191
                                * * * * *
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
               7. San Francisco Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...........................  The City of San Francisco.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location 1........................  A barge located approximately 1000
                                     feet off San Francisco Pier 39 at
                                     approximately 37[deg]48'49'' N.,
                                     122[deg]24'46'' W.
Location 2........................  A barge located at the end of the
                                     San Francisco Municipal Pier at
                                     Aquatic Park at approximately
                                     37[deg]48'39'' N., 122[deg]25'37''
                                     W.
Regulated Area 1..................  1. 100-foot radius around the
                                     fireworks barge during the loading,
                                     transit, setup, and until the
                                     commencement of the scheduled
                                     display. Increases to a 1,000-foot
                                     radius upon commencement of the
                                     fireworks display.
Regulated Area 2..................  2. 100-foot radius around the
                                     fireworks barge during the loading,
                                     transit, setup, and until the
                                     commencement of the scheduled
                                     display. Increases to a 1,000-foot
                                     radius upon commencement of the
                                     fireworks display.
------------------------------------------------------------------------
              8. Fourth of July Fireworks, Berkeley Marina
------------------------------------------------------------------------
Sponsor...........................  Berkeley Marina.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location..........................  A barge located near Berkeley Pier
                                     at approximately 37[deg]51'40'' N.,
                                     122[deg]19'19'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
                     22. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor...........................  Monte Foundation Fireworks.
Event Description.................  Fireworks Display.
Date..............................  Second Saturday in October.
Location..........................  Capitola Pier in Capitola, CA.
Regulated Area....................  1,000-foot safety zone around the
                                     navigable waters of the Capitola
                                     Pier.
 
                              * * * * * * *
------------------------------------------------------------------------


    Dated: March 11, 2016
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-09030 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P