[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31057-31059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14259]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0508]
RIN 1625-AA00


Safety Zone: San Francisco Fourth of July 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 moving safety zones 
in the navigable waters of the San Francisco Bay near Aquatic Park in 
support of the Fourth of July Fireworks Display on July 4, 2018. 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 from July 3, 2018 through July 4, 2018. 
This rule will be enforced from 9 a.m. on July 3, 2018 through 10:30 
p.m. on July 4, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0508. 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 Emily Rowan, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

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

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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Since the Coast Guard received notice of 
this event on May 24, 2018, notice and comment procedures would be 
impracticable in this instance.
    For similar reasons as those stated above, 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.

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 (COTP) San Francisco has determined that 
potential hazards associated with the planned fireworks display on July 
4, 2018 will be a safety concern for anyone within a 100-foot radius of 
the fireworks barges and anyone within a 700-foot radius of the 
fireworks firing sites. This rule is needed to protect spectators, 
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes temporary safety zones during the loading and 
transit of the fireworks barge, until after completion of the fireworks 
display. During the loading of the pyrotechnics onto the fireworks 
barges, scheduled to take place from 9:00 a.m. to 5:00 p.m. on July 3, 
2018 and from 9:00 a.m. to 6:00 p.m. on July 4, 2018 at Pier 50 in San 
Francisco, CA, the safety zones will encompass the navigable waters 
around and under the fireworks barges within a radius of 100 feet.
    The fireworks barges will remain at Pier 50 until the start of the 
transit to the display locations. Towing of the barges from Pier 50 to 
the display

[[Page 31058]]

locations is scheduled to take place from 7:30 p.m. to 8:15 p.m. on 
July 4, 2018, where they will remain until the conclusion of the 
fireworks display.
    At 9:00 p.m. on July 4, 2018, 30 minutes prior to the commencement 
of the 30-minute fireworks displays, the safety zones will increase in 
size and encompass the navigable waters around and under the fireworks 
barges within a radius of 700 feet in approximate positions 
37[deg]48'49'' N, 122[deg]24'46'' W and 37[deg]48'45'' N, 
122[deg]25'39'' W (NAD 83) for the San Francisco Fourth of July 
Fireworks Display. The safety zones shall terminate at 10:30 p.m. on 
July 4, 2018.
    The effect of the temporary safety zones are to restrict navigation 
in the vicinity of the fireworks loading, transit, and firing sites. 
Except for persons or vessels authorized by the COTP or the COTP's 
designated representative, 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 fireworks firing 
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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zones. 
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 the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, and (ii) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 of limited size and duration. It is 
categorically excluded from further

[[Page 31059]]

review under Categorical Exclusion L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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 Sec.  165.T11-930 to read as follows:


Sec.  165.T11-930   Safety Zone; San Francisco Fourth of July Fireworks 
Display, San Francisco Bay, San Francisco, CA.

    (a) Location. The following area are safety zones: All navigable 
waters of the San Francisco Bay within 100 feet of the fireworks barges 
during loading at Pier 50, as well as transit and arrival near Aquatic 
Park in San Francisco, CA. From 9:00 a.m. until approximately 5:00 p.m. 
on July 3, 2018, and from 9:00 a.m. until approximately 6:00 p.m. on 
July 4, 2018, the fireworks barges will be loading at Pier 50 in San 
Francisco, CA. The safety zones will expand to all navigable waters 
around and under the firework barges within a radius of 700 feet in 
approximate positions 37[deg]48'49'' N, 122[deg]24'46'' W and 
37[deg]48'45'' N, 122[deg]25'39'' W (NAD 83), 30 minutes prior to the 
start of the 30 minute fireworks display, scheduled to begin at 9:30 
p.m. on July 4, 2018.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be enforced from 9:00 a.m. on July 3, 2018 until 
approximately 10:30 p.m. on July 4, 2018. The Captain of the Port 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 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 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 these safety 
zones is prohibited unless authorized by the COTP or the COTP's 
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: June 27, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-14259 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P