[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15635-15637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06287]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0836]
RIN 1625-AA00


Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding, amending, and deleting 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 changes will update listed events to 
accurately reflect the firework display locations. This regulation 
prohibits 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.

DATES: This rule is effective May 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0836 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 415-399-2001, 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 18, 2017 we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; San Francisco, CA, in the Federal 
Register (83 FR 5482). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to the 
amended fireworks safety zones. We received no adverse comments on the 
NPRM nor did we receive a request for public meeting. A public meeting 
was not held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port San Francisco (COTP) has determined that 
potential hazards associated with the current outdated fireworks 
events, if not updated, pose safety concerns for event crew, 
spectators, participants of the event, participating vessels, and other 
users and vessels of the waterway. One of the published annual 
fireworks events that requires safety zones does not currently reflect 
the accurate location of the respective display sites. Three annual 
fireworks events that require safety zones are not published in 33 CFR 
165.1191 and one published fireworks event has not occurred since 2009. 
Safety zones which accurately reflect the location of each event 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no adverse comments on our NPRM 
published on January 18, 2017. We received one comment supporting the 
Coast Guard's efforts to safeguard vessels. There are no changes in the 
regulatory text of this rule from the proposed rule in the NPRM.
    This rule amends Table 1 in Sec.  1191 to update one event to 
reflect the current event location, delete one event fireworks event 
which has not occurred since 2009, and permanently publish three annual 
events. These events are listed numerically in Table 1 of this section: 
Respectively items (9), (2), and the addition of (28), (29), and (30).

V. 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.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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

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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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above this rule will not have a 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 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 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 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 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 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 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 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 (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 rule involves a safety zones lasting less than 1 hour 
that would prohibit entry within a radial distance of no more than 
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 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, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1.


0
2. In Sec.  165.1191, in Table 1 to Sec.  165.1191, remove and reserve 
item 2, revise item 9, and add items 28, 29, and 30 to read as follows:


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

* * * * *

Table 1 to Sec.  165.1191

* * * * *

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                              * * * * * * *
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                              2. [Reserved]
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                              * * * * * * *
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              9. Fourth of July Fireworks, City of Richmond
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Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  A barge located in Richmond Harbor
                                     in approximate position
                                     37[deg]54'40'' N., 122[deg]21'05''
                                     W., Richmond, CA.

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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 560-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
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              28. Execpro Services Fourth of July Fireworks
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Sponsor...........................  Execpro Services Inc.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  Off-shore from Incline Village, NV.
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.
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               29. Monte Foundation Fireworks, Lake Tahoe
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Sponsor...........................  Monte Foundation.
Event Description.................  Fireworks Display.
Date..............................  Week of Labor Day.
Location..........................  Carnelian Bay, Lake Tahoe, CA.
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.
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               30. Sausalito Lighted Boat Parade Fireworks
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Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  A Saturday or Sunday in December.
Location..........................  Off-shore from Sausalito Point,
                                     Sausalito, CA.
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.
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    Dated: March 9, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port of San Francisco.
[FR Doc. 2017-06287 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P