[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36245-36247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11800]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0454]
RIN 1625-AA00


Safety Zone; San Francisco Giants Drone Display; San Francisco 
Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the San Francisco Bay, outside McCovey Cove, in San 
Francisco, CA in support of an aerial drone display on June 8 through 
9, 2023. The safety zone is necessary to protect the personnel, 
vessels, and the marine environment from potential hazards created by 
drones. Unauthorized persons or vessels are prohibited from entering, 
transiting through, or remaining in the safety zone without the 
permission of the Captain of the Port San Francisco or designated 
representative.

DATES: This rule is effective from 9 p.m. on June 8, 2023, until 10:15 
p.m. on June 9, 2023. The regulations in this rule will be enforced 
from 9 p.m. until 10:15 p.m. on both days.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0454 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 William K. Harris, U.S. Coast Guard Sector San 
Francisco, Waterways Management Division, at 415-399-7443, 
[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

[[Page 36246]]

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 it is impracticable. The Coast Guard did not receive final 
details for this event until May 22, 2023. It is impracticable to go 
through the full notice and comment rulemaking process because the 
Coast Guard must establish this safety zone by June 8 and 9, 2023, 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 aerial drone show 
outside McCovey Cove in San Francisco, CA starting on June 8, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority 46 U.S.C. 
70034. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the scheduled practice and aerial 
drone display for the San Francisco Giants on June 8-9, 2023, will be a 
safety concern to anyone within a 200-foot radius of Pier 48 starting 
30 minutes before the practice and display is scheduled to commence and 
ending 30 minutes after the conclusion of the display. For this reason, 
this temporary safety zone is needed to protect personnel, vessels, and 
the marine environment in the navigable waters around Pier 48 during 
the aerial drone display.

IV. Discussion of the Rule

    This rule establishing a temporary safety zone from 9 p.m. on June 
8, 2023 until 10:15 p.m. on June 9, 2023, during the practice and 
performance of an aerial drone display. This rule will be enforced from 
9 p.m. until 10:15 p.m. on both days. The practice period for the drone 
display is scheduled to commence at 9:30 p.m. and end approximately at 
9:45 p.m. on June 8, 2023, outside of McCovey Cove within the San 
Francisco Bay in San Francisco, CA. The drone display is scheduled to 
commence at the conclusion of the San Francisco Giants baseball game at 
approximately 9:30 p.m. and end approximately at 9:45 p.m. on June 9, 
2023.
    At 9 p.m. on both June 8, and June 9, 2023, which is 30 minutes 
prior to the commencement of the 15-minute aerial drone display, the 
safety zone will encompass the navigable waters around and under Pier 
48, from surface to bottom, within a circle formed by connecting all 
points 200 feet from 37[deg]46'34.3'' N, 122[deg]23'11.3'' W (NAD 83), 
and thence along the shoreline. The safety zone enforcement will 
terminate at 10:15 p.m. on both June 8, and June 9, 2023, or as 
announced via Marine Information Broadcast.
    This regulation is necessary to keep persons and vessels away from 
the immediate vicinity of the aerial drone 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 a 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 COTP in the enforcement of the 
Safety Zone. This regulation is necessary to ensure the safety of the 
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. The 
safety zone will only be enforced in a small waterway for less than 2 
hours on two days. 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 minimal 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 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).

[[Page 36247]]

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 Pier 48 in McCovey 
Cove within 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, 70124; 33 CFR 1.05-1, 6.04-6, 
and 160.5; Department of Homeland Security Delegation No. 00170.1, 
Revision No. 01.3.


0
2. Add Sec.  165.T11-129 to read as follows:


Sec.  165.T11-129  Safety Zone; San Francisco Giants Drone Display; San 
Francisco Bay, San Francisco, CA.

    (a) Locations. The following area is a safety zone: all navigable 
waters of the San Francisco Bay, from surface to bottom, within a 
circle formed by connecting all points 200 feet out from Pier 48 at 
approximate position 37[deg] 46'34.3'' N, 122[deg] 23'11.3'' 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 (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 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 
the safety zone must comply with all lawful orders or directions given 
to them by the OTP 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 p.m. 
until 10:15 p.m. on June 8, 2023, and June 9, 2023.
    (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: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11800 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P