[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29398-29400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13652]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0321]
RIN 1625-AA00


Safety Zone: San Francisco Independence Day Fireworks Display, 
San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the San Francisco Bay near Aquatic Park in support 
of the San Francisco Fourth of July Fireworks Display on July 4, 2017. 
These safety zones are established to ensure the safety of participants 
and spectators from the dangers associated with pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zones without permission 
of the Captain of the Port or their designated representative.

DATES: This rule is effective on from July 3 to July 4, 2017. This rule 
will be enforced from 9 a.m. on July 3, 2017 through 10:30 p.m. on July 
4, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2017-0321. 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 Acronyms

    COTP U.S. Coast Guard Captain on the Port
    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rule Making
    PATCOM U.S. Coast Guard Patrol Commander
    APA Administrative Procedure Act
    NOAA National Oceanic and Atmospheric Administration
    U.S.C. United States Code

II. Regulatory History and Information

    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 an NPRM would be 
impractical because it must be in place by the date of the event, July 
3, 2017.
    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 legal basis for the proposed rule is 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, which collectively authorize the Coast 
Guard to establish safety zones.
    San Francisco Travel Association will sponsor the San Francisco 
Independence Day Fireworks Display on July 4, 2017, near Aquatic Park 
in San Francisco, CA in approximate positions 37[deg]48'49'' N., 
122[deg]24'46' W. and 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650.
    Loading of the pyrotechnics onto the fireworks barges is scheduled 
to take place from 9 a.m. on July 3, 2017 until 5 p.m. on July 4, 2017, 
at Pier 50 in San Francisco, CA. The fireworks barges will remain at 
Pier 50 until their transit to the respective display locations. Towing 
of the barges from Pier 50 to the display locations is scheduled to 
take place from 7:30 p.m. until 8:15 p.m. on July 4, 2017 where they 
will remain until the conclusion of the fireworks display.

IV. Discussion of the Rule

    The Coast Guard will enforce the San Francisco Independence Day 
Fireworks Display safety zones from 9 a.m. on July 3, 2017 through 
10:30 p.m. on July 4, 2017.
    These safety zones establish temporary restricted areas on the 
navigable waters within 100 feet of the fireworks barges during the 
loading, transit, and arrival of the pyrotechnics from the loading site 
to the display launch locations and until 15 minutes prior to the 
commencement of the fireworks display. 15 minutes prior to the 
commencement of the fireworks display, the safety zones will increase 
in size and encompass the navigable waters around the fireworks barges 
within a radius of 700 feet. The fireworks display is meant for 
entertainment purposes. These restricted areas around the fireworks 
barges are necessary to protect spectators, vessels, and other property 
from the hazards associated with pyrotechnics.
    During the loading, transit, and until 15 minutes prior to the 
start of the fireworks display, the safety zones apply to the navigable 
waters around and under the fireworks barges within a radius of 100 
feet. At 9:15 p.m. on July 4, 2017, 15 minutes prior to the 
commencement of the 30-minute fireworks display, the safety zones will 
increase in size and encompass the

[[Page 29399]]

navigable waters around and under the fireworks barges within a radius 
of 700 feet and will be located off of Pier 39 in approximate position 
37[deg]48'49'' N., 122[deg]24'46'' W. (NAD 83) and off Black Point in 
approximate position 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD 83) for 
the San Francisco Independence Day Fireworks Display. The safety zones 
shall terminate at 10:30 p.m. on July 4, 2017.
    The effect of the temporary safety zones will be to restrict 
navigation in the vicinity of the launch sites 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 areas. These regulations are needed to keep 
spectators and vessels away from the immediate vicinity of the launch 
sites 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 these statutes and executive orders.

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).
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zones 
are limited in duration, and are limited to a narrowly tailored 
geographic area. In addition, although this rule restricts access to 
the waters encompassed by the safety zones, 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 
zones 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. 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. These safety zones would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. These safety zones would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zones are activated, vessel traffic could pass safely around the safety 
zones. The maritime public will be advised in advance of these safety 
zones 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 
section.
    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 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 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

[[Page 29400]]

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 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 safety zones lasting in a limited duration that will 
prohibit entry within 700 feet of the pyrotechnic launch locations. It 
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., 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.


0
2. Add Sec.  165.T11-850 to read as follows:


Sec.  165.T11-850  Safety Zone; San Francisco Independence Day 
Fireworks Display, San Francisco Bay, San Francisco, CA.

    (a) Location. These temporary safety zones are established in the 
navigable waters of the San Francisco Bay near Aquatic Park in San 
Francisco, CA, as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. From 9 a.m. on July 3, 2017 until 
9:15 p.m. on July 4, 2017, the temporary safety zones apply to the 
nearest point of the fireworks barges within a radius of 100 feet 
during the loading, transit, and arrival of the fireworks barges from 
Pier 50 to the launch sites near Aquatic Park in approximate positions 
37[deg]48'49'' N., 122[deg]24'46'' W. and 37[deg]48'45'' N., 
122[deg]25'39'' W. (NAD83). From 9:15 p.m. until 10:30 p.m. on July 4, 
2017, the temporary safety zones will increase in size and encompass 
the navigable waters around and under the fireworks barges in 
approximate positions 37[deg]48'49'' N., 122[deg]24'46'' W. and 
37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) within a radius of 700 
feet.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be enforced from 9 a.m. on July 3, 2017 until 10:30 
p.m. on July 4, 2017. The Captain of the Port of San Francisco (COTP) 
will notify the maritime community of periods during which these zones 
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 by or assisting 
the COTP in the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within these safety 
zones is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zones are 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 
zones 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 zones 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 zones 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. 2017-13652 Filed 6-28-17; 8:45 am]
BILLING CODE 9110-04-P