[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Rules and Regulations]
[Pages 24030-24032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11045]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0398]
RIN 1625-AA00
Safety Zone; Prom 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 a temporary safety zone in the
navigable waters of San Francisco Bay near Pier 15 in support of the
Pier 15 Prom Fireworks Display on May 25, 2019. This safety zone is
necessary to protect personnel, vessels, and the marine environment
from the dangers associated with 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 a designated representative.
DATES: This rule is effective from noon to 10:50 p.m. on May 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0398 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 Emily Rowan, Waterways Management, U.S. Coast
Guard; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
Sec. Section
COTP Captain of the Port
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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. Because the Coast Guard received notice of
this event on May 20, 2019, notice and comment procedures would be
impracticable in this instance.
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 similar reasons as stated
above, notice and comment procedures would be impractical in this
instance due to the short notice provided for this event.
III. Legal Authority and Need for Rule
The Coast Guard is establishing a safety zone under authority 46
U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Pier 15 Prom Fireworks Display on May 25, 2019, will be a safety
concern for anyone within a 100-foot radius of the fireworks barge and
anyone within a 280-foot radius of the fireworks firing site. For this
reason, a safety zone is needed to protect personnel, vessels, and the
marine environment in the navigable waters around the fireworks barge
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 12:00 p.m. until 10:50
p.m. on May 25, 2019 during the loading, staging, and transit of the
fireworks barge, and the fireworks display, until approximately 30
minutes after completion of the fireworks display. During the loading
and staging of the pyrotechnics onto the fireworks barge, scheduled to
take place from noon to 4:00 p.m. on May 25, 2019, at Pier 50 in San
Francisco, CA, the safety zone will encompass the navigable waters
around and under the fireworks barge, from surface to bottom, within a
radius of 100 feet. This 100-foot zone will remain in place while the
barge is at the pier and while it is being towed to the display
location.
The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 9:15 p.m. to 9:40
p.m. on May 25, 2019, where it will remain until the conclusion of the
fireworks display.
At 9:45 p.m. on May 25, 2019, 30 minutes prior to the commencement
of the 5-minute Pier 15 Prom Fireworks
[[Page 24031]]
Display, the safety zone will increase in size and encompass the
navigable waters around and under the fireworks barge, from surface to
bottom, within a radius of 280 feet from the circle center at
approximate position 37[deg]48'08'' N, 122[deg]23'46'' W (NAD 83). The
safety zone shall terminate at 10:50 p.m. on May 25, 2019.
The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing site.
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
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 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 zone.
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 Notice to Mariners
to ensure the safety zone will result in minimum impact. Vessels will
be able to transit the area near the safety zone and 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, 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, (ii) this rule will
only be in place for a short period of time, and (iii) the maritime
public will be advised in advance of this safety zone via 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 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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. It is categorically excluded from further review under
Categorical Exclusion L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing
[[Page 24032]]
Procedures 5090.1. 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: 46 U.S.C 70034, 70051; 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.T11-974 to read as follows:
Sec. 165.T11-974 Safety Zone; Pier 15 Prom Fireworks Display, San
Francisco Bay, San Francisco, CA.
(a) Location. The following area is a safety zone: From noon on May
25, 2019 until 9:45 p.m. on May 25, 2019, the safety zone will
encompass all navigable waters of the San Francisco Bay, from surface
to bottom, within a circle formed by connecting all points 100 feet out
from the fireworks barge during the loading and staging at Pier 50 in
San Francisco, as well as transit and arrival to the fireworks display
site. At 9:45 p.m., the safety zone will expand to all navigable
waters, from surface to bottom, within a circle formed by connecting
all points 280 feet out from the fireworks barge in approximate
position 37[deg]48'10'' N, 122[deg]23'43'' W (NAD 83). The safety zone
will remain in place until 10:50 p.m.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's 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 lawful orders or
directions given to them by the COTP or the COTP's 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.
(d) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from noon on May 25, 2019 until 10:50 p.m. on
May 25, 2019. The Captain of the Port San Francisco will notify the
maritime community of periods during which this zone will be enforced
via Notice to Mariners in accordance with Sec. 165.7.
Dated: May 22, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-11045 Filed 5-22-19; 4:15 pm]
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