81 FR 22946 - Safety Zones; San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range		22946-22948
FR Document		2016-09030
The Coast Guard proposes to amend several permanent safety zones located in the Captain of the Port San Francisco zone that are established to protect public safety during annual firework displays. These amendments will update listed events to accurately reflect the firework display locations. This proposed rulemaking would limit the movement of vessels within the established firework display areas unless authorized by the Captain of the Port (COTP) San Francisco or a designated representative. We invite your comments on this proposed rulemaking.
Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22946-22948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09030]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0154]
RIN 1625-AA00


Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend several permanent safety 
zones located in the Captain of the Port San Francisco zone that are 
established to protect public safety during annual firework displays. 
These amendments will update listed events to accurately reflect the 
firework display locations. This proposed rulemaking would limit the 
movement of vessels within the established firework display areas 
unless authorized by the Captain of the Port (COTP) 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 19, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0154 using the Federal eRulemaking Portal at http://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 Junior Grade Christina 
Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is conducting this rulemaking under the authority 
of 33 U.S.C. 1231. Fireworks displays are held annually on a recurring 
basis on the navigable waters within the COTP San Francisco zone. Three 
of the annual fireworks events that require safety zones do not 
currently reflect the accurate location of the respective display 
sites. These safety zones are necessary to provide for the safety of 
the crew, spectators, participants of the event, participating vessels, 
and other users and vessels of the waterway from the hazards associated 
with firework displays. The effect of these proposed safety zones will 
be to restrict general navigation in the vicinity of the events, from 
the start of each event until the conclusion of that event. Except for 
the persons or vessels authorized by the COTP San Francisco or a 
designated representative, no person or vessel may enter or remain in 
the regulated area. These regulations are needed to keep spectators and 
vessels a safe distance away from the fireworks displays to ensure the 
safety of participants, spectators, and transiting vessels.

III. Discussion of Proposed Rule

    The Coast Guard has reviewed 33 CFR 165.1191for accuracy. The Coast 
Guard is proposing to amend Table 1 in Sec.  1191 to update three 
events to reflect the current event locations. These events are listed 
numerically in Table 1 of this section: (7), (8), (22). The display 
locations currently listed have been deemed undesirable or hazardous by 
the event sponsors. The COTP San Francisco has determined that 
potential hazards associated with the current fireworks locations would 
be a safety concern for event crew, spectators, participants of the 
event, participating vessels, and other users and vessels of the 
waterway. The Coast Guard proposes this rulemaking under authority in 
33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Department of Homeland Security Delegation No. 0170.1.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of each safety zone. Vessel traffic 
would be able to safely transit around each safety zone which would 
impact a small designated area of the COTP San Francisco zone for less 
than 1 hour during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Local Notice to Mariner and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zones.

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 zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a

[[Page 22947]]

significant economic impact on any vessel owner or operator.
    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 contact 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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 a safety 
zones lasting less than 1 hour that would prohibit entry within 1,000 
feet of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and Categorical Exclusion Determination are available in the 
docket where indicated under ADDRESSES. 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 proposes 
to amend to 33 CFR part 165 as follows:

33 CFR PART 165--[AMENDED]

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1.

    In Sec.  165.1191, in Table 1 to Sec.  165.1191, revise items 7, 8, 
and 22, to read as follows:


Sec.  165.1191  Northern California and Lake Tahoe Area Annual 
Fireworks Events.

* * * * *

[[Page 22948]]



                       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 at
                                     approximately 37[deg]48'49'' N.,
                                     122[deg]24'46'' W.
Location 2........................  A barge located at the end of the
                                     San Francisco Municipal Pier at
                                     Aquatic Park at approximately
                                     37[deg]48'39'' N., 122[deg]25'37''
                                     W.
Regulated Area 1..................  1. 100-foot radius around the
                                     fireworks barge during the loading,
                                     transit, setup, and until the
                                     commencement of the scheduled
                                     display. Increases to a 1,000-foot
                                     radius upon commencement of the
                                     fireworks display.
Regulated Area 2..................  2. 100-foot radius around the
                                     fireworks barge during the loading,
                                     transit, setup, and until the
                                     commencement of the scheduled
                                     display. Increases to a 1,000-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 Berkeley Pier
                                     at approximately 37[deg]51'40'' N.,
                                     122[deg]19'19'' W.
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 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
 
                              * * * * * * *
------------------------------------------------------------------------
                     22. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor...........................  Monte Foundation Fireworks.
Event Description.................  Fireworks Display.
Date..............................  Second Saturday in October.
Location..........................  Capitola Pier in Capitola, CA.
Regulated Area....................  1,000-foot safety zone around the
                                     navigable waters of the Capitola
                                     Pier.
 
                              * * * * * * *
------------------------------------------------------------------------


    Dated: March 11, 2016
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-09030 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P
22946 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules

(4) The ‘‘designated representative’’ is FOR FURTHER INFORMATION CONTACT: If proposes this rulemaking under
any Coast Guard commissioned, you have questions about this proposed authority in 33 U.S.C. 1231; 50 U.S.C.
warrant, or petty officer who has been rulemaking, call or email Lieutenant 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–
designated by the Captain of the Port to Junior Grade Christina Ramirez, U.S. 6, 160.5; Department of Homeland
act on his behalf. The on-scene Coast Guard Sector San Francisco; Security Delegation No. 0170.1.
representative may be on a Coast Guard telephone 415–399–3585, email D11-PF- IV. Regulatory Analyses
vessel, a Coast Guard Auxiliary vessel, MarineEvents@uscg.mil.
or onboard a local or state agency vessel SUPPLEMENTARY INFORMATION:
We developed this proposed rule after
that is authorized to act in support of considering numerous statutes and
the Coast Guard. Additionally, the Coast I. Table of Abbreviations Executive orders related to rulemaking.
Guard Auxiliary may be present to CFR Code of Federal Regulations Below we summarize our analyses
inform vessel operators of this COTP Captain of the Port based on a number of these statutes and
regulation. DHS Department of Homeland Security Executive orders and we discuss First
(5) Upon being hailed by a U.S. Coast FR Federal Register Amendment rights of protestors.
Guard vessel by siren, radio, flashing NPRM Notice of proposed rulemaking
PATCOM Patrol Commander A. Regulatory Planning and Review
light or other means, the operator of the
vessel must proceed as directed. § Section Executive Orders 12866 and 13563
U.S.C. United States Code direct agencies to assess the costs and
Dated: March 16, 2016.
II. Background, Purpose, and Legal benefits of available regulatory
M.A. Baroody,
Basis alternatives and, if regulation is
Captain, U.S. Coast Guard, Captain of the necessary, to select regulatory
Port, Sector Northern New England. The Coast Guard is conducting this approaches that maximize net benefits.
[FR Doc. 2016–09033 Filed 4–18–16; 8:45 am] rulemaking under the authority of 33 Executive Order 13563 emphasizes the
BILLING CODE 9110–04–P U.S.C. 1231. Fireworks displays are held importance of quantifying both costs
annually on a recurring basis on the and benefits, of reducing costs, of
navigable waters within the COTP San harmonizing rules, and of promoting
DEPARTMENT OF HOMELAND Francisco zone. Three of the annual flexibility. This NPRM has not been
SECURITY fireworks events that require safety designated a ‘‘significant regulatory
zones do not currently reflect the action,’’ under Executive Order 12866.
Coast Guard accurate location of the respective Accordingly, the NPRM has not been
display sites. These safety zones are reviewed by the Office of Management
33 CFR Part 165
necessary to provide for the safety of the and Budget.
[Docket Number USCG–2016–0154] crew, spectators, participants of the This regulatory action determination
RIN 1625–AA00
event, participating vessels, and other is based on the size, location, duration,
users and vessels of the waterway from and time-of-day of each safety zone.
Safety Zones; San Francisco, CA the hazards associated with firework Vessel traffic would be able to safely
displays. The effect of these proposed transit around each safety zone which
AGENCY: Coast Guard, DHS. safety zones will be to restrict general would impact a small designated area of
ACTION: Notice of proposed rulemaking. navigation in the vicinity of the events, the COTP San Francisco zone for less
from the start of each event until the than 1 hour during the evening when
SUMMARY: The Coast Guard proposes to
conclusion of that event. Except for the vessel traffic is normally low. Moreover,
amend several permanent safety zones
persons or vessels authorized by the the Coast Guard would issue a Local
located in the Captain of the Port San
COTP San Francisco or a designated Notice to Mariner and Broadcast Notice
Francisco zone that are established to
representative, no person or vessel may to Mariners via VHF–FM marine
protect public safety during annual
enter or remain in the regulated area. channel 16 about the zone, and the rule
firework displays. These amendments
These regulations are needed to keep would allow vessels to seek permission
will update listed events to accurately
spectators and vessels a safe distance to enter the zones.
reflect the firework display locations.
away from the fireworks displays to
This proposed rulemaking would limit B. Impact on Small Entities
ensure the safety of participants,
the movement of vessels within the
spectators, and transiting vessels. The Regulatory Flexibility Act of
established firework display areas
1980, 5 U.S.C. 601–612, as amended,
unless authorized by the Captain of the III. Discussion of Proposed Rule
requires Federal agencies to consider
Port (COTP) San Francisco or a The Coast Guard has reviewed 33 CFR the potential impact of regulations on
designated representative. We invite 165.1191for accuracy. The Coast Guard small entities during rulemaking. The
your comments on this proposed is proposing to amend Table 1 in § 1191 term ‘‘small entities’’ comprises small
rulemaking. to update three events to reflect the businesses, not-for-profit organizations
DATES: Comments and related material current event locations. These events that are independently owned and
must be received by the Coast Guard on are listed numerically in Table 1 of this operated and are not dominant in their
or before May 19, 2016. section: (7), (8), (22). The display fields, and governmental jurisdictions
ADDRESSES: You may submit comments locations currently listed have been with populations of less than 50,000.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

identified by docket number USCG– deemed undesirable or hazardous by the The Coast Guard certifies under 5 U.S.C.
2016–0154 using the Federal event sponsors. The COTP San 605(b) that this proposed rule would not
eRulemaking Portal at http:// Francisco has determined that potential have a significant economic impact on
www.regulations.gov. See the ‘‘Public hazards associated with the current a substantial number of small entities.
Participation and Request for fireworks locations would be a safety While some owners or operators of
Comments’’ portion of the concern for event crew, spectators, vessels intending to transit the safety
SUPPLEMENTARY INFORMATION section for participants of the event, participating zone may be small entities, for the
further instructions on submitting vessels, and other users and vessels of reasons stated in section IV.A above this
comments. the waterway. The Coast Guard proposed rule would not have a

VerDate Sep<11>2014 17:42 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1
Document Created: 2016-04-19 00:15:51
Document Modified: 2016-04-19 00:15:51
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 19, 2016.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, email [email protected]
FR Citation		81 FR 22946
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
81 FR 22946 - Safety Zones; San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 75 (April 19, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
