[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Proposed Rules]
[Pages 15082-15087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05174]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0317]
RIN 1625-AA00


Safety Zones; Northern California and Lake Tahoe Area Annual 
Fireworks Events, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 15083]]

SUMMARY: The Coast Guard is proposing to amend and establish several 
permanent safety zones in the Captain of the Port San Francisco zone. 
This action is necessary to provide for the safety of life on the 
navigable waters of the San Francisco Bay, Carquinez Strait, Mare 
Island Strait, Sacramento River, Lake Tahoe, and Monterrey Bay during 
annual fireworks displays. This proposed rulemaking would prohibit 
persons and vessels from entering the safety zones unless authorized by 
the Captain of the Port San Francisco or a designated representative. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 18, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0317 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Jennae Cotton, Waterways 
Management, U.S. Coast Guard; telephone 415-399-3585, 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Fireworks displays in 33 CFR part 165.1191 are held annually on the 
navigable waters within the Captain of the Port San Francisco (COTP) 
zone. After conducting a review of the fireworks displays listed in 33 
CFR part 165.1191, the specifications for eight of the events listed in 
the table no longer accurately reflect the actual event parameters, and 
three annual fireworks displays are not listed in the table. The COTP 
has determined that potential hazards associated with the fireworks 
used in these displays would be a safety concern for anyone within the 
safety zones during the fireworks displays. The purpose of this 
rulemaking is to ensure safety on the navigable waters within the 
safety zones for the fireworks displays before, during, and after the 
scheduled events. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to amend Table 1 to Sec.  165.1191. Eight 
fireworks displays will be amended, and three fireworks displays will 
be added.
    The fireworks events we propose to amend are listed numerically in 
Table 1 of this section as item 7, ``San Francisco Independence Day 
Fireworks,'' item 8, ``Fourth of July Fireworks, Berkeley Marina,'' 
item 9, ``Fourth of July Fireworks, City of Richmond,'' item 19, ``Red, 
White, and Tahoe Blue Fireworks, Incline Village, NV,'' item 22, 
``Monte Foundation Fireworks,'' item 24, ``San Francisco New Years Eve 
Fireworks,'' item 25, ``Sacramento New Years Eve Fireworks,'' and item 
27, ``Feast of Lanterns Fireworks.''
    The display locations for items 7, 8, 9, 25, and 27 no longer 
accurately reflect the display locations for the events, so this rule 
proposes to insert updated location descriptions into the table.
    The name of item 19 has changed from ``Red, White, and Tahoe Blue 
Fireworks, Incline Village, NV'' to ``Incline Village Independence Day 
Fireworks'' and would be updated in the table to reflect the name 
change.
    The display dates listed in items 22, 24, and 27 do not accurately 
reflect the display dates for the fireworks displays, so this rule 
proposes to update them as follows. Item 22, ``Monte Foundation 
Fireworks'' currently states the date as the second Saturday in 
October, but the fireworks have occurred on the second Saturday or 
Sunday in October. Item 24, ``San Francisco New Years Eve Fireworks'' 
currently states it occurs on New Years Eve, but the event has lasted 
into the early hours of New Year's Day, so we propose adding January 
1st as a display date as well to be more accurate. Item 27, ``Feast of 
Lanterns Fireworks'' currently states it occurs on the last Saturday of 
July, but due to the variance in the event dates, we are amending the 
dates to say a Saturday or Sunday in July. As stated in Sec.  
165.1191(a), the Coast Guard will provide exact dates, times, and other 
details concerning the fireworks listed in table 1 to Sec.  165.1191 in 
the Local Notice to Mariners at least 20 days prior to the event.
    The Regulated Area description for item 22, ``Monte Foundation 
Fireworks'', would be revised to clarify the safety zone will be in the 
navigable waters around and under the Capitola Pier.
    This rule proposes to add three safety zones covering three 
reoccurring fireworks events to Table 1 in 33 CFR 165.1191. The three 
new fireworks events would be listed in Table 1 of this section as item 
31, ``Fourth of July Fireworks, City of Benicia,'' item 32, ``Fourth of 
July Fireworks, City of Vallejo,'' and item 33 ``Berkeley Winter on the 
Waterfront Fireworks.'' All three of these fireworks displays occurred 
in previous years 2017, 2018, and 2019. Both the Benicia, CA fireworks 
and the City of Vallejo, CA fireworks will occur annually on the Fourth 
of July. The Berkley, CA fireworks displays will occur annually on the 
second Saturday or Sunday in December. The Coast Guard believes it is 
beneficial to include these additional fireworks displays in the list 
of reoccurring permanent regulations to increase public awareness of 
when safety zones would be enforced in these marine areas. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 areas 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 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.

[[Page 15084]]

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator for the following reasons: (i) 
This rule will encompass only a small portion of each affected waterway 
for a limited period of time for each fireworks event, and (ii) the 
maritime public will be advised in advance of these safety zones via 
Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 made 
a preliminary determination 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 proposed rule involves safety 
zones of limited sizes and durations. Normally such actions are 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 33 CFR part 165 as follows:

[[Page 15085]]

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. Revise Item 7, Item 8, Item 9, Item 19, Items 22, Item 24, Item 25, 
and Item 27, and add Item 31, Item 32, and Item 33 in Table 1 to Sec.  
165.1191 to read as follows:


Sec.  165. 1191   Northern California and Lake Tahoe Area Annual 
Fireworks Events.

                       Table 1 to Sec.   165.1191
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
               7. San Francisco Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...........................  The City of San Francisco.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location 1........................  A barge located approximately 1000
                                     feet off San Francisco Pier 39.
Location 2........................  A barge located approximately 700
                                     feet off of the San Francisco
                                     Municipal Pier at Aquatic Park.
Regulated Area....................  100-foot radius around each
                                     fireworks barge during the loading,
                                     transit, setup, and until the
                                     commencement of the scheduled
                                     display. Increases to a 1000-foot
                                     radius upon commencement of the
                                     fireworks display.
 
                              * * * * * * *
------------------------------------------------------------------------
              8. Fourth of July Fireworks, Berkeley Marina
------------------------------------------------------------------------
Sponsor...........................  Berkeley Marina.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location..........................  A barge located near the Berkeley
                                     Marina Pier.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1000-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
              9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  A barge located in the Richmond
                                     Harbor in Richmond, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 560-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
             19. Incline Village Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  500-1000 feet off Incline Village,
                                     NV in Crystal Bay.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1000-foot radius
                                     upon commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
                     22. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor...........................  Monte Foundation.
Event Description.................  Fireworks Display.
Date..............................  Second Saturday or Sunday in
                                     October.
Location..........................  Capitola Pier in Capitola, CA.
Regulated Area....................  1000-foot radius safety zone in the
                                     navigable waters around and under
                                     the Capitola Pier.
 
                              * * * * * * *
------------------------------------------------------------------------
               24. San Francisco New Year's Eve Fireworks
------------------------------------------------------------------------
Sponsor...........................  City of San Francisco.
Event Description.................  Fireworks Display.
Date..............................  December 30th through January 1st.
Location..........................  1000 feet off the Embarcadero near
                                     the Ferry Plaza in San Francisco,
                                     CA.

[[Page 15086]]

 
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1000-foot radius
                                     upon commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
                 25. Sacramento New Year's Eve Fireworks
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  New Year's Eve, December 31st.
Location..........................  Near the Tower Bridge, Sacramento
                                     River, Sacramento, CA.
Regulated Area....................  The navigable waters of the
                                     Sacramento River within 700 feet of
                                     the two shore-based launch
                                     locations near the Tower Bridge in
                                     Sacramento, CA and the bridge-based
                                     launch location on the Tower Bridge
                                     in Sacramento, CA.
 
                              * * * * * * *
------------------------------------------------------------------------
                     27. Feast of Lanterns Fireworks
------------------------------------------------------------------------
Sponsor...........................  Feast of Lanterns, Inc.
Event Description.................  Fireworks Display.
Date..............................  A Saturday or Sunday in July.
Location..........................  Near Lover's Point Park in Pacific
                                     Grove, CA.
Regulated Area....................  The area of navigable waters within
                                     a 1000-foot radius of the launch
                                     platform located on the beach near
                                     Lover's Point Park.
 
                              * * * * * * *
------------------------------------------------------------------------
                  31. Benicia Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...........................  City of Benicia, CA.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location..........................  Carquinez Strait, Benicia, CA.
Regulated Area....................  1000-foot radius safety zone around
                                     the fireworks launch platform
                                     located on the Benicia First Street
                                     Pier.
 
                              * * * * * * *
------------------------------------------------------------------------
                  32. Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...........................  City of Vallejo, CA.
Event Description.................  Fireworks Display.
Date..............................  July 4th.
Location..........................  Mare Island Strait, Vallejo, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1000-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
             33. Berkeley Winter on the Waterfront Fireworks
------------------------------------------------------------------------
Sponsor...........................  City of Berkeley, CA.
Event Description.................  Two Fireworks Displays.
Date..............................  Second Saturday or Sunday in
                                     December.
Location..........................  Near the entrance to the Berkeley
                                     Marina in Berkeley, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 500-foot radius upon
                                     commencement of the first fireworks
                                     display and remains in effect until
                                     after the conclusion of the second
                                     fireworks display.
------------------------------------------------------------------------



[[Page 15087]]

    Dated: March 9, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2020-05174 Filed 3-16-20; 8:45 am]
 BILLING CODE 9110-04-P