[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 210-212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0967]
RIN 1625-AA00


Safety Zones; Sacramento New Years Eve Fireworks Display, 
Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
in the navigable waters of the Sacramento River near River Walk Park 
and the Tower Bridge in Sacramento, CA in support of the Sacramento New 
Years Eve Fireworks Display on December 31, 2019. These safety zones 
are 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 zones without permission of the Captain of the 
Port or a designated representative.

DATES: This rule is effective from 8:30 p.m. to 10 p.m. on December 31, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0967 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, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
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 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 with 
respect to this rule because it is impracticable. The Coast Guard did 
not receive final details for this event until November 5, 2019. There 
was insufficient time to undergo the full rulemaking process, including 
providing a reasonable comment period and considering those comments, 
because the Coast Guard must establish this temporary safety zone by 
December 31, 2019.
    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. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is necessary to respond to the potential safety hazards associated with 
the firework display near Sacramento, CA.

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 has determined that potential hazards associated with the 
Sacramento New Year's Eve fireworks display on December 31, 2019, will 
be a safety concern for anyone within a 175-foot radius of the 
fireworks firing sites. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters around the 
fireworks firing site during the fireworks display.

IV. Discussion of the Rule

    This rule establishes three temporary safety zones from 8:30 p.m. 
to 10 p.m. on December 31, 2019. At 8:30 p.m., 30 minutes prior to the 
commencement of the 20-minute fireworks display, scheduled to being at 
9:00 p.m. on December 31, 2019, the three safety zones for the 
Sacramento New Years Eve Fireworks Display will encompass the navigable 
waters, from surface to bottom, around the fireworks firing sites 
within three respective circles each with a radius of 175 feet with the 
respective circle centers in approximate positions:

    Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30'' W,
    Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and
    Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W 
(NAD83).

The safety zones shall terminate at 10 p.m. on December 31, 2019.
    This regulation is needed to keep persons and vessels away from the 
immediate vicinity of the firework display locations to ensure the 
safety of participants, spectators, and transiting vessels. 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. A ``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 COTP in the enforcement of 
the safety zones. The COTP or the COTP's designated representative will 
notify the maritime community of periods during which these zones will 
be enforced using information broadcasts.

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

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safety zones. These safety zones impacts three, 175-foot-radius 
circular areas of the Sacramento River in Sacramento, CA for 2 hours 
and 30 minutes. The vessels desiring to transit through or around the 
temporary safety zones may do so upon express permission from the COTP 
or the COTP's designated representative.

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.
    While some owners or operators of vessels intending to transit the 
temporary safety zones may be small entities, for the reasons stated in 
section V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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 U.S. Coast Guard Environmental Planning Policy, 
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 safety zones 
lasting two hours and thirty minutes that prevents entry to a 175-foot-
radius area of the Sacramento River in Sacramento, CA. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of Department of Homeland Security Directive 023-01. 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: 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.T11-016 to read as follows:


Sec.  165.T11-016   Safety zones; Sacramento New Years Eve Fireworks 
Display, Sacramento River, Sacramento, CA.

    (a) Location. These temporary safety zones are established in the 
navigable waters of the Sacramento River near River Walk Park and the 
Tower Bridge in Sacramento, CA as depicted in National Oceanic and 
Atmospheric Administration (NOAA) Chart 18662. From 8:30 p.m. until 10 
p.m. on December 31, 2019, the three temporary safety zones apply to 
all navigable waters of the Sacramento River, from surface to bottom, 
within three circles each with a radius of 175 feet with circle centers 
at each of the three fireworks firing sites, near River Walk Park and 
the Tower Bridge in Sacramento, CA, in approximate positions, 
respectively: Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30'' 
W, Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and 
Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W (NAD83).
    (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

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on 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 zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart B, you may not enter the safety zones described in paragraph 
(a) of this section 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 the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zones must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zones 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. This section will be enforced from 8:30 
p.m. until 10 p.m. on December 31, 2019.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which these zones will be enforced in accordance with Sec.  165.7.

    Dated: December 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2019-28191 Filed 12-30-19; 4:15 pm]
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