[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 28019-28022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10892]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0177]
RIN 1625-AA00


Safety Zone: San Francisco State Graduation Fireworks Display, 
San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters near AT&T Park in San Francisco, CA in support of the 
San Francisco State University Graduation Fireworks Display on May 28, 
2016. This safety zone is established to ensure the safety of mariners 
and spectators from the dangers associated with the pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port or their designated representative.

DATES: This rule is effective from 1 p.m. through 10 p.m. on May 28, 
2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2016-0177. 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.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Adminstrative Procedure Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Orders
FR Federal Register
COTP Captain of the Port
NEPA National Environmental Policy Act of 1969
NOAA National Oceanic and Atmospheric Administration
PATCOM Patrol Commander
RFA Regulatory Flexibility Act of 1980
TFR Temporary Final Rule

II. Background Information and Regulatory History

    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.'' Because of the dangers posed by the pyrotechnics used in 
this fireworks display, the safety zone is 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 in order to minimize potential danger to the public during the 
event. However, the Coast Guard received the information about the 
fireworks display on February 26, 2016. There is not enough time to 
complete the rulemaking process before the fireworks display is 
scheduled to occur.
    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. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1, which collectively 
authorize the Coast Guard to establish safety zones.
    The San Francisco State University Graduation will feature a finale 
fireworks display on May 28, 2016, near AT&T Park in San Francisco, CA 
in approximate position 37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83) 
as depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. During the loading, transit, and arrival of the fireworks 
barge and until the start of the fireworks display, the temporary 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. 
on May 28, 2016, the fireworks barge will be loading at Pier 50 in San 
Francisco, CA. The fireworks barge will remain at Pier 50 until the 
start of the transit. From 8 p.m. until 8:30 p.m. on May 28, 2016, the 
loaded fireworks barge will transit from Pier 50 to the launch site 
near AT&T Park in San Francisco, CA in approximate position 
37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83), where it will remain 
until the commencement of the fireworks display. Prior to the 
commencement of the 10-minute fireworks display, at 9:30 p.m. on May 
28, 2016, the safety zone will expand to encompass the navigable waters 
within 700 feet of approximate position 37[deg]46'36'' N. 
122[deg]22'56'' W. (NAD 83). The fireworks display is meant for 
entertainment purposes. This restricted area around the fireworks 
launch site is necessary to protect spectators, vessels, and other 
property from the hazards associated with pyrotechnics.

IV. Discussion of the Final Rule

    The proposed safety zone will encompass the navigable waters around 
the barge near AT&T Park in San Francisco, CA. During the loading, 
transit, and arrival of the fireworks barge and until the start of the 
fireworks display, the temporary safety zone applies to the navigable 
waters around and under the fireworks barge within a radius of 100 
feet. From 1 p.m. until 5 p.m. on May 28, 2016, the fireworks barge 
will be loading at Pier 50 in San Francisco, CA. The fireworks barge 
will remain at Pier 50 until the start of the transit. From 8 p.m. 
until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will 
transit from Pier 50 to the launch site near AT&T Park in San 
Francisco, CA in approximate position 37[deg]46'36'' N. 122[deg]22'56'' 
W. (NAD 83), where it will remain until the commencement of the 
fireworks display. Prior to the commencement of the 10-minute fireworks 
display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to 
encompass the navigable waters within a radius of 700 feet of 
approximate position 37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83). The 
safety zone shall terminate at 10 p.m.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the launch site until the conclusion of 
the scheduled display. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the restricted area. These regulations are needed to keep spectators 
and vessels away from the immediate vicinity of the launch site to 
ensure the safety of participants, spectators, and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders (E.O.'s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.'s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 28021]]

it has not been reviewed by the Office of Management and Budget.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, although this rule restricts access to the waters 
encompassed by the safety zone, 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 zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

B. 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 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.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.
    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.

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 Tribal Governments

    A rule has implications for federalism under E.O. 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.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
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 a safety zone 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.

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.

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

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

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

0
2. Add temporary Sec.  165.T11-774 to read as follows:

Sec.  165.T11-774  Safety Zone; San Francisco State Graduation 
Fireworks Display, San Francisco, CA.

    (a) Location. This safety zone is established in the navigable 
waters of the San Francisco Bay near AT&T Park in San Francisco, CA, as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. During the loading, transit, and arrival of the fireworks 
barge and until the start of the fireworks display, the temporary 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. 
on May 28, 2016, the fireworks barge will be loading at Pier 50 in San 
Francisco, CA. The fireworks

[[Page 28022]]

barge will remain at Pier 50 until the start of the transit. From 8 
p.m. until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will 
transit from Pier 50 to the launch site near AT&T Park in San 
Francisco, CA in approximate position 37[deg]46'36'' N. 122[deg]22'56'' 
W. (NAD 83), where it will remain until the commencement of the 
fireworks display. Prior to the commencement of the 10-minute fireworks 
display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to 
encompass the navigable waters within 700 feet of approximate position 
37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 1 p.m. to 10 p.m. on May 28, 
2016. The Captain of the Port San Francisco (COTP) will notify the 
maritime community of periods during which this zone will be enforced 
via Broadcast Notice to Mariners in accordance with Sec.  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 to assist in 
the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within this safety zone 
is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is 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 
zone 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 zone 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 zone may contact the Patrol 
Commander (PATCOM) on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.

    Dated: April 26, 2016.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-10892 Filed 5-6-16; 8:45 am]
 BILLING CODE 9110-04-P