[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28999-29001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13430]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0323]
RIN 1625-AA00


Safety Zone: City of Benicia Independence Day Fireworks Display, 
Benicia, 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 of the Carquinez Strait near Benicia, CA, in support 
of the City of Benicia Independence Day Fireworks Display on July 4, 
2017. 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 on July 4, 2017. This rule will be 
enforced from 8 a.m. to 10:30 p.m. on July 4, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2017-0323. 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) 399-2001 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
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

[[Page 29000]]

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.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing a NPRM would be 
impractical due to the date of 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. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date.

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 zone.
    The City of Benicia is sponsoring a fireworks display on July 4, 
2017, in Benicia, CA, in approximate position 38[deg]02'49'' N. 
122[deg]10'02'' W. (NAD 83) as depicted in National Oceanic and 
Atmospheric Administration (NOAA) Chart 18652. 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 8 a.m. until 4 p.m. on July 4, 2017, 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 its transit to the display 
location. From 5:30 p.m. until 9 p.m. on July 4, 2017, the loaded 
fireworks barge will transit from Pier 50 to the launch site near 
Benicia, CA, in approximate position 38[deg]02'49'' N. 122[deg]10'02'' 
W. (NAD 83), where it will remain until the commencement of the 
fireworks display. Upon the commencement of the 20-minute fireworks 
display, at approximately 9:30 p.m. on July 4, 2017, the safety zone 
will expand to encompass the navigable waters within 420 feet of 
approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83). 
This restricted area around the fireworks barge 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 Benicia, 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 8 a.m. until 4 
p.m. on July 4, 2017, 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 its transit to the display location. From 5:30 p.m. until 9 
p.m. on July 4, 2017, the loaded fireworks barge will transit from Pier 
50 to the launch site near Benicia, CA, in approximate position 
38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83), where it will remain 
until the commencement of the fireworks display. Upon the commencement 
of the 20-minute fireworks display, at approximately 9:30 p.m. on July 
4, 2017, the safety zone will expand to encompass the navigable waters 
within a radius of 420 feet of approximate position 38[deg]02'49'' N. 
122[deg]10'02'' W. (NAD 83). The safety zone shall terminate at 10:30 
p.m. on July 4, 2017.
    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 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 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 Local 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 Local 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

[[Page 29001]]

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 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.

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. A Record 
of Environmental Consideration for categorically excluded actions is 
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, 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; 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-T11-849 to read as follows:


Sec.  165-T11-849  Safety Zone; City of Benicia Independence Day 
Fireworks Display, Benicia, CA.

    (a) Location. This safety zone is established in the navigable 
waters of the Carquinez Strait near Benicia, CA, as depicted in 
National Oceanic and Atmospheric Administration (NOAA) Chart 18652. 
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 8 a.m. until 4 p.m. on July 4, 2017, 
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 its 
transit to the display location. From 5:30 p.m. until 9 p.m. on July 4, 
2017, the loaded fireworks barge will transit from Pier 50 to the 
launch site near Benicia, CA, in approximate position 38[deg]02'49'' N. 
122[deg]10'02'' W. (NAD 83), where it will remain until the 
commencement of the fireworks display. Upon the commencement of the 20-
minute fireworks display, at approximately 9:30 p.m. on July 4, 2017, 
the safety zone will expand to encompass the navigable waters within 
420 feet of approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. 
(NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 8 a.m. to 10:30 p.m. on July 4, 
2017. 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 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 to assist in 
the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, 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: May 25, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2017-13430 Filed 6-26-17; 8:45 am]
 BILLING CODE 9110-04-P