[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25175-25177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11410]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0413]
RIN 1625-AA00
Safety Zone; Belvedere Island Birthday Fireworks; Richardson Bay,
Belvedere, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Richardson Bay 500 feet west of Belvedere Island in
support of the Belvedere Island Birthday Fireworks on June 1, 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 10:25 p.m. on June 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0413 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 Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone (415) 399-3585, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
Sec. Section
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. Since 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 issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Belvedere Island Birthday Fireworks on June 1, 2019, will be a
safety concern for anyone within a 100-foot radius of the fireworks
barge during loading, staging, and transit, and anyone within a 420-
foot radius of the fireworks barge starting 30 minutes before the
fireworks display is scheduled to commence and ending 30 minutes after
the conclusion of the fireworks display. 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 noon until 10:25 p.m. on
June 1, 2019, during the loading, staging, and transit of the fireworks
barge, until approximately 30 minutes after completion of the fireworks
display. From noon to 9:15 p.m. on June 1, 2019, during the loading,
staging, and transit of the fireworks barge until 30 minutes prior to
the start of the fireworks display, the safety zone will encompass the
navigable waters around and under
[[Page 25176]]
the fireworks barge, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks barge. Loading
the pyrotechnics onto the fireworks barge is scheduled from noon to 4
p.m. on June 1, 2019, at Pier 50 in San Francisco, CA. From 4 p.m. to
8:15 p.m. on June 1, 2019, the barge will remain at Pier 50. From 8:15
p.m. to 9:25 p.m. on June 1, 2019, the fireworks barge will be towed
from Pier 50 to the display location, where it will remain until the
conclusion of the fireworks display.
At 9:15 p.m. on June 1, 2019, 30 minutes prior to the commencement
of the 10-minute Belvedere Island Birthday Fireworks, the safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 420 feet from the circle center at
approximate position 37[deg]52'08'' N, 122[deg]28'18'' W (NAD 83). The
safety zone will terminate at 10:25 p.m. on June 1, 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
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 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. 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 for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones 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),
[[Page 25177]]
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
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing 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.T11-976 to read as follows:
Sec. 165.T11-976 Safety Zone; Belvedere Island Birthday Fireworks,
Richardson Bay, Belvedere, CA.
(a) Location. The following area is a safety zone: From noon on
June 1, 2019 until 9:15 p.m. on June 1, 2019 the safety zone will
encompass all navigable waters of San Francisco Bay and Richardson 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 during transit to and arrival at
Belvedere, CA. Between 9:15 p.m. and 10:25 p.m. on June 1, 2019, the
safety zone will expand to all navigable waters, from surface to
bottom, within a circle formed by connecting all points 420 feet out
from the fireworks barge in approximate position 37[deg]52'08'' N,
122[deg]28'18'' W (NAD 83).
(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 San Francisco (COTP) 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) Effective period. The zone described in paragraph (a) of this
section will be effective and enforced from noon on June 1, 2019 until
approximately 10:25 p.m. on June 1, 2019. The Captain of the Port San
Francisco will notify the maritime community of periods during which
these zones will be enforced via Notice to Mariners in accordance with
Sec. 165.7.
Dated: May 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-11410 Filed 5-30-19; 8:45 am]
BILLING CODE 9110-04-P