[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66810-66812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0825]
RIN 1625-AA00


Safety Zone: Monte Foundation Fireworks Extravaganza, Capitola, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 66811]]

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters at Capitola Wharf in Capitola, CA in support of Monte 
Foundation Fireworks Extravaganza on October 9, 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 8:30 p.m. to 9 p.m. on October 9, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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: 

Table of Abbreviations

APA Administrative Procedure Act
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

A. Background Information and Regulatory History

    The Coast Guard is issuing this rule without prior notice 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 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(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. The Coast Guard received the 
information about the fireworks display on August 10, 2016, and the 
fireworks display would occur before the rulemaking process would be 
completed. 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 those reasons, it would be 
impracticable to publish an NPRM.
    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.

B. Basis and Purpose

    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 Monte Foundation will sponsor the Monte Foundation Fireworks 
Extravaganza on October 9, 2016, at Capitola Wharf in Capitola, CA in 
approximate position 36[deg]58'10'' N., 121[deg]57'12'' W. (NAD 83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18685. Upon the commencement of the fireworks display, a safety 
zone is necessary to protect spectators, vessels, and other property 
from the hazards associated with pyrotechnics.

C. Discussion of the Interim Rule

    This temporary safety zone will encompass the navigable waters 
around the land based launch site at the Capitola Wharf in Capitola, 
CA. Upon the commencement of the 25-minute fireworks display, scheduled 
to begin at 8:30 p.m. on October 9, 2016, the safety zone will 
encompass the navigable waters around the fireworks launch site within 
a radius of 1,000 feet in approximate position 36[deg]58'10'' N., 
121[deg]57'12'' W. (NAD 83) for the Monte Foundation Fireworks 
Extravaganza. At the conclusion of the fireworks display the safety 
zone shall terminate.
    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.

D. Regulatory Analyses

    We developed this 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.
1. 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, 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.
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 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 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. 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

[[Page 66812]]

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.
3. 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).
4. Federalism and 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 rule under that Order and determined 
that this rule does not have implications for federalism.
    Also, 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. 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.
5. 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.
6. 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 (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.
7. 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 Sec.  165.T11-802 to read as follows:


Sec.  165.T11-802   Safety Zone; Monte Foundation Fireworks 
Extravaganza, Capitola, CA.

    (a) Location. This safety zone is established in the navigable 
waters at Capitola Wharf in Capitola, CA, as depicted in National 
Oceanic and Atmospheric Administration (NOAA) Chart 18685. The 
temporary safety zone will encompass the navigable waters around the 
fireworks launch site in approximate position 36[deg]58'10'' N., 
121[deg]57'12'' W. (NAD83) within a radius of 1,000 feet.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 8:30 p.m. through 9 p.m. on October 9, 
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 by or assisting 
the COTP to assist in the patrol and 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 on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: August 26, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-23574 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-04-P