[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Rules and Regulations]
[Pages 64369-64371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25142]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0813]
RIN 1625-AA00


Safety Zone; Steak Restaurant Fireworks, San Francisco Bay, San 
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Francisco Bay near Rincon Point in San 
Francisco in support of a fireworks display on December 18, 2021. The 
safety zone is necessary to protect personnel, vessels, and the marine 
environment from potential hazards created by pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without the 
permission of the Captain of the Port San Francisco or a designated 
representative.

DATES: This rule is effective from 9 a.m. on December 18, 2021, until 
12:45 a.m. on December 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0813 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Anthony I. Solares, U.S. Coast Guard District 
11, Sector San Francisco, at 415-399-3585, [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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

[[Page 64370]]

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 it is impracticable. The Coast Guard did not receive final 
details for this event until October 20, 2021. It is impracticable to 
go through the full notice and comment rule making process because the 
Coast Guard must establish this safety zone by December 18, 2021 and 
lacks sufficient time to provide a reasonable comment period and to 
consider those comments before issuing the rule.
    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 action is 
necessary to protect personnel, vessels, and the marine environment 
from the potential safety hazards associated with the fireworks display 
near Rincon Point in the San Francisco Bay on December 18, 2021.

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 
Steak Restaurant Fireworks on December 18, 2021, will be a safety 
concern for anyone within a 100-foot radius of the fireworks vessel 
during loading and staging, and anyone within a 700-foot radius of the 
fireworks vessel 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, this temporary safety zone is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters around the fireworks vessel and during the fireworks 
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9 a.m. on 
December 18, 2021, until 12:45 a.m. on December 19, 2021, during the 
loading, staging, and transit of the fireworks vessel in San Francisco 
Bay from Pier 50 to 1,000 feet off Rincon Point, San Francisco, CA, and 
until 30 minutes after completion of the fireworks display. During the 
loading, staging, and transit of the fireworks vessel scheduled to take 
place between 9 a.m. and 11:15 p.m. on December 18, 2021, until 30 
minutes prior to the start of the fireworks display, the safety zone 
will encompass the navigable waters around and under the fireworks 
vessel, from surface to bottom, within a circle formed by connection of 
all points 100 feet out from the fireworks vessel. The fireworks 
display is scheduled to start at 11:59 p.m. December 18, 2021, and end 
at approximately 12:15 a.m. on December 19, 2021, 1,000 feet from 
Rincon Point in San Francisco, CA.
    The fireworks vessel will remain at Pier 50 until the start of its 
transit to the display location. Movement of the vessel from Pier 50 to 
the display location is scheduled to take place from 10 p.m. to 11:15 
p.m. on December 18, 2021, where it will remain until the conclusion of 
the fireworks display.
    At 11:29 p.m. on December 18, 2021, 30 minutes prior to the 
commencement of the 15-minute fireworks display, the safety zone will 
increase in size and encompass the navigable waters around and under 
the fireworks vessel, from surface to bottom, within a circle formed by 
all connecting points 700 feet from the circle center at approximate 
position 37 degrees 47'37.47'' N, 122 degrees 23' 14.45'' W (NAD 83), 
or as announced via Broadcast Notice to Mariners. The safety zone will 
terminate at 12:45 a.m. on December 19, 2021.
    This regulation is necessary to keep persons and vessels away from 
the immediate vicinity of the fireworks loading, staging, transit, and 
display 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 area. 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 Captain of the 
Port San Francisco (COTP) in the enforcement of the safety zone. This 
regulation is necessary 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. 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).
    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 waterways users will be notified to ensure the safety zone 
will result in minimum impact. The vessels desiring to transit through 
or around the temporary safety zone 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 
safety zone 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 
call or email 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

[[Page 64371]]

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.

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, 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 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 
temporary safety zone in the navigable waters around the loading, 
staging, transit, and display of fireworks near Pier 50 and 1,000 ft 
off Rincon Bay in San Francisco Bay. It is 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 Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-074 to read as follows:


Sec.  165.T11-074   Safety Zone; Steak Restaurant Fireworks, San 
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of San Francisco Bay, from surface to bottom, within a circle 
formed by connecting all points 100 feet out from the fireworks vessel 
during loading and staging at Pier 50 in San Francisco, as well as 
transit and arrival 1,000 feet off of Rincon Point, San Francisco, CA. 
Between 11:29 p.m. December 18, 2021, and 12:45 a.m. on December 19, 
2021, the safety zone will expand to all navigable waters, from surface 
to bottom, within a circle formed by connection all points 700 feet out 
from the fireworks vessel in approximate position 37 degrees 47'37.47'' 
N, 122 degrees 23' 14.45'' W (NAD 83) or as announced via Broadcast 
Notice to Mariners.
    (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 the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone 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 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 zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
on December 18, 2021, until 12:45 a.m. on December 19, 2021.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced, in accordance with 33 CFR 165.7.

    Dated: November 10, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-25142 Filed 11-17-21; 8:45 am]
BILLING CODE 9110-04-P