81_FR_28108 81 FR 28019 - Safety Zone: San Francisco State Graduation Fireworks Display, San Francisco, CA

81 FR 28019 - Safety Zone: San Francisco State Graduation Fireworks Display, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range28019-28022
FR Document2016-10892

The Coast Guard is establishing a temporary safety zone in the navigable waters near AT&T Park in San Francisco, CA in support of the San Francisco State University Graduation Fireworks Display on May 28, 2016. This safety zone is established to ensure the safety of mariners and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 28019-28022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10892]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0177]
RIN 1625-AA00


Safety Zone: San Francisco State Graduation Fireworks Display, 
San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 28020]]

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters near AT&T Park in San Francisco, CA in support of the 
San Francisco State University Graduation Fireworks Display on May 28, 
2016. This safety zone is established to ensure the safety of mariners 
and spectators from the dangers associated with the pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port or their designated representative.

DATES: This rule is effective from 1 p.m. through 10 p.m. on May 28, 
2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2016-0177. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-3585 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Adminstrative Procedure Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Orders
FR Federal Register
COTP Captain of the Port
NEPA National Environmental Policy Act of 1969
NOAA National Oceanic and Atmospheric Administration
PATCOM Patrol Commander
RFA Regulatory Flexibility Act of 1980
TFR Temporary Final Rule

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.'' Because of the dangers posed by the pyrotechnics used in 
this fireworks display, the safety zone is necessary to provide for the 
safety of event participants, spectators, spectator craft, and other 
vessels transiting the event area. For the safety concerns noted, it is 
in the public interest to have these regulations in effect during the 
event in order to minimize potential danger to the public during the 
event. However, the Coast Guard received the information about the 
fireworks display on February 26, 2016. There is not enough time to 
complete the rulemaking process before the fireworks display is 
scheduled to occur.
    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. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1, which collectively 
authorize the Coast Guard to establish safety zones.
    The San Francisco State University Graduation will feature a finale 
fireworks display on May 28, 2016, near AT&T Park in San Francisco, CA 
in approximate position 37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83) 
as depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. During the loading, transit, and arrival of the fireworks 
barge and until the start of the fireworks display, the temporary 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. 
on May 28, 2016, the fireworks barge will be loading at Pier 50 in San 
Francisco, CA. The fireworks barge will remain at Pier 50 until the 
start of the transit. From 8 p.m. until 8:30 p.m. on May 28, 2016, the 
loaded fireworks barge will transit from Pier 50 to the launch site 
near AT&T Park in San Francisco, CA in approximate position 
37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83), where it will remain 
until the commencement of the fireworks display. Prior to the 
commencement of the 10-minute fireworks display, at 9:30 p.m. on May 
28, 2016, the safety zone will expand to encompass the navigable waters 
within 700 feet of approximate position 37[deg]46'36'' N. 
122[deg]22'56'' W. (NAD 83). The fireworks display is meant for 
entertainment purposes. This restricted area around the fireworks 
launch site is necessary to protect spectators, vessels, and other 
property from the hazards associated with pyrotechnics.

IV. Discussion of the Final Rule

    The proposed safety zone will encompass the navigable waters around 
the barge near AT&T Park in San Francisco, CA. During the loading, 
transit, and arrival of the fireworks barge and until the start of the 
fireworks display, the temporary safety zone applies to the navigable 
waters around and under the fireworks barge within a radius of 100 
feet. From 1 p.m. until 5 p.m. on May 28, 2016, the fireworks barge 
will be loading at Pier 50 in San Francisco, CA. The fireworks barge 
will remain at Pier 50 until the start of the transit. From 8 p.m. 
until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will 
transit from Pier 50 to the launch site near AT&T Park in San 
Francisco, CA in approximate position 37[deg]46'36'' N. 122[deg]22'56'' 
W. (NAD 83), where it will remain until the commencement of the 
fireworks display. Prior to the commencement of the 10-minute fireworks 
display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to 
encompass the navigable waters within a radius of 700 feet of 
approximate position 37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83). The 
safety zone shall terminate at 10 p.m.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the launch site until the conclusion of 
the scheduled display. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the restricted area. These regulations are needed to keep spectators 
and vessels away from the immediate vicinity of the launch site to 
ensure the safety of participants, spectators, and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders (E.O.'s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.'s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 28021]]

it has not been reviewed by the Office of Management and Budget.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, 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 waterway users will be notified via 
public Broadcast Notice to Mariners to ensure the safety zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.
    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, 
above.
    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 Tribal Governments

    A rule has implications for federalism under E.O. 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 determined 
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under E.O. 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 safety zone of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
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 
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.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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 temporary Sec.  165.T11-774 to read as follows:

Sec.  165.T11-774  Safety Zone; San Francisco State Graduation 
Fireworks Display, San Francisco, CA.

    (a) Location. This safety zone is established in the navigable 
waters of the San Francisco Bay near AT&T Park in San Francisco, CA, as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. During the loading, transit, and arrival of the fireworks 
barge and until the start of the fireworks display, the temporary 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. 
on May 28, 2016, the fireworks barge will be loading at Pier 50 in San 
Francisco, CA. The fireworks

[[Page 28022]]

barge will remain at Pier 50 until the start of the transit. From 8 
p.m. until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will 
transit from Pier 50 to the launch site near AT&T Park in San 
Francisco, CA in approximate position 37[deg]46'36'' N. 122[deg]22'56'' 
W. (NAD 83), where it will remain until the commencement of the 
fireworks display. Prior to the commencement of the 10-minute fireworks 
display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to 
encompass the navigable waters within 700 feet of approximate position 
37[deg]46'36'' N. 122[deg]22'56'' W. (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 1 p.m. to 10 p.m. on May 28, 
2016. The Captain of the Port San Francisco (COTP) will notify the 
maritime community of periods during which this zone will be enforced 
via Broadcast Notice to Mariners in accordance with Sec.  165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated to assist in 
the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within this safety zone 
is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone may contact the Patrol 
Commander (PATCOM) on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.

    Dated: April 26, 2016.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-10892 Filed 5-6-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations                                                 28019

                                                on the ability of the Old Youngs Bay                    distribution of power and                             jeopardizing the safety or security of
                                                Bridge to open half the span on signal.                 responsibilities among the various                    people, places or vessels.
                                                                                                        levels of government. We have analyzed
                                                B. Impact on Small Entities                                                                                   List of Subjects in 33 CFR Part 117
                                                                                                        this rule under that Order and have
                                                   The Regulatory Flexibility Act of 1980               determined that it is consistent with the               Bridges.
                                                (RFA), 5 U.S.C. 601–612, as amended,                    fundamental federalism principles and                   For the reasons discussed in the
                                                requires federal agencies to consider the               preemption requirements described in                  preamble, the Coast Guard amends 33
                                                potential impact of regulations on small                E.O. 13132.                                           CFR part 117 as follows:
                                                entities during rulemaking. The term                       Also, this rule does not have tribal
                                                ‘‘small entities’’ comprises small                      implications under E.O. 13175,                        PART 117—DRAWBRIDGE
                                                businesses, not-for-profit organizations                Consultation and Coordination with                    OPERATION REGULATIONS
                                                that are independently owned and                        Indian Tribal Governments, because it
                                                operated and are not dominant in their                  would not have a substantial direct                   ■ 1. The authority citation for part 117
                                                fields, and governmental jurisdictions                  effect on one or more Indian tribes, on               continues to read as follows:
                                                with populations of less than 50,000.                   the relationship between the Federal                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                The Coast Guard certifies under 5 U.S.C.                Government and Indian tribes, or on the               Department of Homeland Security Delegation
                                                605(b) that this rule will not have a                   distribution of power and                             No. 0170.1.
                                                significant economic impact on a                        responsibilities between the Federal
                                                substantial number of small entities.                                                                         ■ 2. In § 117.899, from 12 a.m. on June
                                                                                                        Government and Indian tribes.
                                                While some owners or operators of                                                                             16, 2016 through 11:59 p.m. on October
                                                vessels intending to transit the bridge                 E. Unfunded Mandates Reform Act                       31, 2016, suspend paragraph (b) and add
                                                may be small entities, for the reasons                    The Unfunded Mandates Reform Act                    a paragraph (d).
                                                stated in section V.A above, this rule                  of 1995 (2 U.S.C. 1531–1538) requires                   The addition reads as follows:
                                                would not have a significant economic                   Federal agencies to assess the effects of             § 117.899 Youngs Bay and Lewis and
                                                impact on any vessel owner or operator.                 their discretionary regulatory actions. In            Clark River.
                                                   Under section 213(a) of the Small                    particular, the Act addresses actions                 *      *     *    *     *
                                                Business Regulatory Enforcement                         that may result in the expenditure by a                  (d) The draw of the Oregon State (Old
                                                Fairness Act of 1996 (Pub. L. 104–121),                 State, local, or tribal government, in the            Youngs Bay) highway bridge, mile 2.4,
                                                we want to assist small entities in                     aggregate, or by the private sector of                across Youngs Bay foot of Fifth Street,
                                                understanding this rule. If the rule                    $100,000,000 (adjusted for inflation) or              shall open half of the double bascule
                                                would affect your small business,                       more in any one year. Though this rule                span on signal for the passage of vessels,
                                                organization, or governmental                           will not result in such expenditure, we               if at least one half-hour notice is given
                                                jurisdiction and you have questions                     do discuss the effects of this proposed               to the drawtender, at the Lewis and
                                                concerning its provisions or options for                rule elsewhere in this preamble.                      Clark River Bridge by marine radio,
                                                compliance, please contact the person                                                                         telephone, or other suitable means from
                                                                                                        F. Environment
                                                listed in the FOR FURTHER INFORMATION                                                                         7 a.m. to 5 p.m. Monday through Friday
                                                CONTACT, above.                                           We have analyzed this proposed rule
                                                                                                        under Department of Homeland                          and from 8 a.m. to 4 p.m. Saturday and
                                                   Small businesses may send comments
                                                                                                        Security Management Directive 023–01                  Sunday through October 31, 2016. At all
                                                on the actions of Federal employees
                                                                                                        and Commandant Instruction                            other times, including all Federal
                                                who enforce, or otherwise determine
                                                                                                        M16475.lD, which guides the Coast                     holidays, but Columbus Day, at least a
                                                compliance with, Federal regulations to
                                                                                                        Guard in complying with the National                  two-hour notice by telephone is
                                                the Small Business and Agriculture
                                                                                                        Environmental Policy Act of 1969                      required. The opening signal is two
                                                Regulatory Enforcement Ombudsman
                                                                                                        (NEPA) (42 U.S.C. 4321–4370f), and                    prolonged blasts followed by one short
                                                and the Regional Small Business
                                                                                                        have made a preliminary determination                 blast.
                                                Regulatory Fairness Boards. The
                                                Ombudsman evaluates these actions                       that this action is one of a category of              R.T. Gromlich,
                                                annually and rates each agency’s                        actions which do not individually or                  Rear Admiral, U.S. Coast Guard, Commander,
                                                responsiveness to small business. If you                cumulatively have a significant effect on             Thirteenth Coast Guard District.
                                                wish to comment on actions by                           the human environment. This proposed                  [FR Doc. 2016–10772 Filed 5–6–16; 8:45 am]
                                                employees of the Coast Guard, call 1–                   rule simply promulgates the operating                 BILLING CODE 9110–04–P
                                                888–REG–FAIR (1–888–734–3247). The                      regulations or procedures for
                                                Coast Guard will not retaliate against                  drawbridges. Normally such actions are
                                                small entities that question or complain                categorically excluded from further                   DEPARTMENT OF HOMELAND
                                                about this rule or any policy or action                 review, under figure 2–1, paragraph                   SECURITY
                                                of the Coast Guard.                                     (32)(e), of the Instruction.
                                                                                                          Under figure 2–1, paragraph (32)(e), of             Coast Guard
                                                C. Collection of Information                            the Instruction, an environmental
                                                  This rule would call for no new                       analysis checklist and a categorical                  33 CFR Part 165
                                                collection of information under the                     exclusion determination are not
                                                Paperwork Reduction Act of 1995 (44                     required for this rule.                               [Docket No. USCG–2016–0177]
                                                U.S.C. 3501–3520).
                                                                                                        G. Protest Activities                                 RIN 1625–AA00
mstockstill on DSK3G9T082PROD with RULES




                                                D. Federalism and Indian Tribal                           The Coast Guard respects the First
                                                Government                                              Amendment rights of protesters.                       Safety Zone: San Francisco State
                                                   A rule has implications for federalism               Protesters are asked to contact the                   Graduation Fireworks Display, San
                                                under E.O. 13132, Federalism, if it has                 person listed in the FOR FURTHER                      Francisco, CA
                                                a substantial direct effect on the States,              INFORMATION CONTACT section to                        AGENCY:    Coast Guard, DHS.
                                                on the relationship between the national                coordinate protest activities so that your
                                                                                                                                                              ACTION:   Temporary final rule.
                                                government and the States, or on the                    message can be received without


                                           VerDate Sep<11>2014   16:15 May 06, 2016   Jkt 238001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\09MYR1.SGM   09MYR1


                                                28020                Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations

                                                SUMMARY:   The Coast Guard is                           craft, and other vessels transiting the               IV. Discussion of the Final Rule
                                                establishing a temporary safety zone in                 event area. For the safety concerns
                                                the navigable waters near AT&T Park in                  noted, it is in the public interest to have              The proposed safety zone will
                                                San Francisco, CA in support of the San                 these regulations in effect during the                encompass the navigable waters around
                                                Francisco State University Graduation                   event in order to minimize potential                  the barge near AT&T Park in San
                                                Fireworks Display on May 28, 2016.                      danger to the public during the event.                Francisco, CA. During the loading,
                                                This safety zone is established to ensure               However, the Coast Guard received the                 transit, and arrival of the fireworks
                                                the safety of mariners and spectators                   information about the fireworks display               barge and until the start of the fireworks
                                                from the dangers associated with the                    on February 26, 2016. There is not                    display, the temporary safety zone
                                                pyrotechnics. Unauthorized persons or                   enough time to complete the rulemaking                applies to the navigable waters around
                                                vessels are prohibited from entering                    process before the fireworks display is               and under the fireworks barge within a
                                                into, transiting through, or remaining in               scheduled to occur.                                   radius of 100 feet. From 1 p.m. until 5
                                                the safety zone without permission of                                                                         p.m. on May 28, 2016, the fireworks
                                                                                                          Under 5 U.S.C. 553(d)(3), the Coast
                                                the Captain of the Port or their                                                                              barge will be loading at Pier 50 in San
                                                                                                        Guard finds that good cause exists for
                                                designated representative.                                                                                    Francisco, CA. The fireworks barge will
                                                                                                        making this rule effective less than 30
                                                                                                                                                              remain at Pier 50 until the start of the
                                                DATES: This rule is effective from 1 p.m.               days after publication in the Federal
                                                                                                                                                              transit. From 8 p.m. until 8:30 p.m. on
                                                through 10 p.m. on May 28, 2016.                        Register. For these same reasons, the
                                                                                                                                                              May 28, 2016, the loaded fireworks
                                                ADDRESSES: Documents mentioned in                       Coast Guard finds good cause for
                                                                                                                                                              barge will transit from Pier 50 to the
                                                this preamble are part of docket USCG–                  implementing this rule less than thirty
                                                                                                                                                              launch site near AT&T Park in San
                                                2016–0177. To view documents                            days before the effective date of the rule.
                                                                                                                                                              Francisco, CA in approximate position
                                                mentioned in this preamble as being                     III. Legal Authority and Need for Rule                37°46′36″ N. 122°22′56″ W. (NAD 83),
                                                available in the docket, go to http://                                                                        where it will remain until the
                                                www.regulations.gov, type the docket                       The Coast Guard is issuing this rule
                                                                                                                                                              commencement of the fireworks
                                                number in the ‘‘SEARCH’’ box and click                  under authority in 33 U.S.C. 1231; 50
                                                                                                                                                              display. Prior to the commencement of
                                                ‘‘SEARCH.’’ Click on Open Docket                        U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                                                                                                                              the 10-minute fireworks display, at 9:30
                                                Folder on the line associated with this                 6.04–6, 160.5; Department of Homeland
                                                                                                                                                              p.m. on May 28, 2016, the safety zone
                                                rulemaking.                                             Security Delegation No. 0170.1, which
                                                                                                                                                              will expand to encompass the navigable
                                                FOR FURTHER INFORMATION CONTACT: If                     collectively authorize the Coast Guard
                                                                                                                                                              waters within a radius of 700 feet of
                                                you have questions on this rule, call or                to establish safety zones.
                                                                                                                                                              approximate position 37°46′36″ N.
                                                email Lieutenant Junior Grade Christina                    The San Francisco State University                 122°22′56″ W. (NAD 83). The safety
                                                Ramirez, U.S. Coast Guard Sector San                    Graduation will feature a finale                      zone shall terminate at 10 p.m.
                                                Francisco; telephone (415) 399–3585 or                  fireworks display on May 28, 2016, near
                                                                                                        AT&T Park in San Francisco, CA in                        The effect of the temporary safety
                                                email at D11-PF-MarineEvents@
                                                                                                        approximate position 37°46′36″ N.                     zone will be to restrict navigation in the
                                                uscg.mil.
                                                                                                        122°22′56″ W. (NAD 83) as depicted in                 vicinity of the launch site until the
                                                SUPPLEMENTARY INFORMATION:                                                                                    conclusion of the scheduled display.
                                                                                                        National Oceanic and Atmospheric
                                                I. Table of Abbreviations                               Administration (NOAA) Chart 18650.                    Except for persons or vessels authorized
                                                                                                        During the loading, transit, and arrival              by the Coast Guard Patrol Commander,
                                                APA Adminstrative Procedure Act                                                                               no person or vessel may enter or remain
                                                COTP Captain of the Port                                of the fireworks barge and until the start
                                                                                                        of the fireworks display, the temporary               in the restricted area. These regulations
                                                DHS Department of Homeland Security
                                                E.O. Executive Orders                                   safety zone applies to the navigable                  are needed to keep spectators and
                                                FR Federal Register                                     waters around and under the fireworks                 vessels away from the immediate
                                                COTP Captain of the Port                                barge within a radius of 100 feet. From               vicinity of the launch site to ensure the
                                                NEPA National Environmental Policy Act                  1 p.m. until 5 p.m. on May 28, 2016, the              safety of participants, spectators, and
                                                  of 1969                                               fireworks barge will be loading at Pier               transiting vessels.
                                                NOAA National Oceanic and Atmospheric
                                                                                                        50 in San Francisco, CA. The fireworks                V. Regulatory Analyses
                                                  Administration
                                                PATCOM Patrol Commander                                 barge will remain at Pier 50 until the
                                                RFA Regulatory Flexibility Act of 1980                  start of the transit. From 8 p.m. until                 We developed this rule after
                                                TFR Temporary Final Rule                                8:30 p.m. on May 28, 2016, the loaded                 considering numerous statutes and
                                                                                                        fireworks barge will transit from Pier 50             Executive Orders (E.O.’s) related to
                                                II. Background Information and                          to the launch site near AT&T Park in                  rulemaking. Below we summarize our
                                                Regulatory History                                      San Francisco, CA in approximate                      analyses based on a number of these
                                                   The Coast Guard is issuing this                      position 37°46′36″ N. 122°22′56″ W.                   statutes and E.O.’s, and we discuss First
                                                temporary final rule without prior                      (NAD 83), where it will remain until the              Amendment rights of protestors.
                                                notice and opportunity to comment                       commencement of the fireworks                         A. Regulatory Planning and Review
                                                pursuant to authority under section 4(a)                display. Prior to the commencement of
                                                of the Administrative Procedure Act                     the 10-minute fireworks display, at 9:30                 E.O.s 12866 and 13563 direct agencies
                                                (APA) (5 U.S.C. 553(b)). This provision                 p.m. on May 28, 2016, the safety zone                 to assess the costs and benefits of
                                                authorizes an agency to issue a rule                    will expand to encompass the navigable                available regulatory alternatives and, if
                                                without prior notice and opportunity to                 waters within 700 feet of approximate                 regulation is necessary, to select
                                                comment when the agency for good                        position 37°46′36″ N. 122°22′56″ W.                   regulatory approaches that maximize
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                                                cause finds that those procedures are                   (NAD 83). The fireworks display is                    net benefits. E.O. 13563 emphasizes the
                                                ‘‘impracticable, unnecessary, or contrary               meant for entertainment purposes. This                importance of quantifying both costs
                                                to the public interest.’’ Because of the                restricted area around the fireworks                  and benefits, of reducing costs, of
                                                dangers posed by the pyrotechnics used                  launch site is necessary to protect                   harmonizing rules, and of promoting
                                                in this fireworks display, the safety zone              spectators, vessels, and other property               flexibility. This rule has not been
                                                is necessary to provide for the safety of               from the hazards associated with                      designated a ‘‘significant regulatory
                                                event participants, spectators, spectator               pyrotechnics.                                         action,’’ under E.O. 12866. Accordingly,


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                                                                     Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations                                            28021

                                                it has not been reviewed by the Office                  annually and rates each agency’s                      have determined that this action is one
                                                of Management and Budget.                               responsiveness to small business. If you              of a category of actions that do not
                                                   We expect the economic impact of                     wish to comment on actions by                         individually or cumulatively have a
                                                this rule will not rise to the level of                 employees of the Coast Guard, call 1–                 significant effect on the human
                                                necessitating a full Regulatory                         888–REG–FAIR (1–888–734–3247). The                    environment. This rule involves a safety
                                                Evaluation. The safety zone is limited in               Coast Guard will not retaliate against                zone of limited size and duration. This
                                                duration, and is limited to a narrowly                  small entities that question or complain              rule is categorically excluded from
                                                tailored geographic area. In addition,                  about this rule or any policy or action               further review under paragraph 34(g) of
                                                although this rule restricts access to the              of the Coast Guard.                                   Figure 2–1 of the Commandant
                                                waters encompassed by the safety zone,                                                                        Instruction. An environmental analysis
                                                the effect of this rule will not be                     C. Collection of Information
                                                                                                                                                              checklist supporting this determination
                                                significant because the local waterway                    This rule will not call for a new                   and a Categorical Exclusion
                                                users will be notified via public                       collection of information under the                   Determination are available in the
                                                Broadcast Notice to Mariners to ensure                  Paperwork Reduction Act of 1995 (44                   docket where indicated under
                                                the safety zone will result in minimum                  U.S.C. 3501–3520).                                    ADDRESSES. We seek any comments or
                                                impact. The entities most likely to be                                                                        information that may lead to the
                                                                                                        D. Federalism and Tribal Governments
                                                affected are waterfront facilities,                                                                           discovery of a significant environmental
                                                commercial vessels, and pleasure craft                     A rule has implications for federalism             impact from this rule.
                                                engaged in recreational activities.                     under E.O. 13132, Federalism, if it has
                                                                                                        a substantial direct effect on the States,            G. Protest Activities
                                                B. Impact on Small Entities                             on the relationship between the national                The Coast Guard respects the First
                                                   The Regulatory Flexibility Act of 1980               government and the States, or on the                  Amendment rights of protesters.
                                                (RFA), 5 U.S.C. 601–612, as amended,                    distribution of power and                             Protesters are asked to contact the
                                                requires federal agencies to consider the               responsibilities among the various                    person listed in the FOR FURTHER
                                                potential impact of regulations on small                levels of government. We have analyzed                INFORMATION CONTACT section to
                                                entities during rulemaking. The term                    this rule under that Order and                        coordinate protest activities so that your
                                                ‘‘small entities’’ comprises small                      determined that this rule does not have               message can be received without
                                                businesses, not-for-profit organizations                implications for federalism.                          jeopardizing the safety or security of
                                                that are independently owned and                           Also, this rule does not have tribal               people, places or vessels.
                                                operated and are not dominant in their                  implications under E.O. 13175,
                                                fields, and governmental jurisdictions                  Consultation and Coordination with                    List of Subjects in 33 CFR Part 165
                                                with populations of less than 50,000.                   Indian Tribal Governments, because it                   Harbors, Marine safety, Navigation
                                                   This rule may affect owners and                      does not have a substantial direct effect             (water), Reporting and recordkeeping
                                                operators of waterfront facilities,                     on one or more Indian tribes, on the                  requirements, Security measures,
                                                commercial vessels, and pleasure craft                  relationship between the Federal                      Waterways.
                                                engaged in recreational activities and                  Government and Indian tribes, or on the                 For the reasons discussed in the
                                                sightseeing. This safety zone would not                 distribution of power and                             preamble, the Coast Guard amends 33
                                                have a significant economic impact on                   responsibilities between the Federal                  CFR part 165 as follows:
                                                a substantial number of small entities                  Government and Indian tribes. If you
                                                for the following reasons. This safety                  believe this rule has implications for                PART 165—REGULATED NAVIGATION
                                                zone would be activated, and thus                       federalism or Indian tribes, please                   AREAS AND LIMITED ACCESS AREAS
                                                subject to enforcement, for a limited                   contact the person listed in the FOR
                                                duration. When the safety zone is                       FURTHER INFORMATION CONTACT section                   ■ 1. The authority citation for part 165
                                                activated, vessel traffic could pass safely             above.                                                continues to read as follows:
                                                around the safety zone. The maritime                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                public will be advised in advance of this               E. Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                safety zone via Broadcast Notice to                       The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                                Mariners.                                               of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                                   Under section 213(a) of the Small                    Federal agencies to assess the effects of             ■ 2. Add temporary § 165.T11–774 to
                                                Business Regulatory Enforcement                         their discretionary regulatory actions. In            read as follows:
                                                Fairness Act of 1996 (Pub. L. 104–121),                 particular, the Act addresses actions
                                                we want to assist small entities in                     that may result in the expenditure by a               § 165.T11–774 Safety Zone; San Francisco
                                                understanding this rule. If the rule                    State, local, or tribal government, in the            State Graduation Fireworks Display, San
                                                would affect your small business,                       aggregate, or by the private sector of                Francisco, CA.
                                                organization, or governmental                           $100,000,000 (adjusted for inflation) or                 (a) Location. This safety zone is
                                                jurisdiction and you have questions                     more in any one year. Though this rule                established in the navigable waters of
                                                concerning its provisions or options for                will not result in such an expenditure,               the San Francisco Bay near AT&T Park
                                                compliance, please contact the person                   we do discuss the effects of this rule                in San Francisco, CA, as depicted in
                                                listed in the FOR FURTHER INFORMATION                   elsewhere in this preamble.                           National Oceanic and Atmospheric
                                                CONTACT, above.                                                                                               Administration (NOAA) Chart 18650.
                                                   Small businesses may send comments                   F. Environment                                        During the loading, transit, and arrival
                                                on the actions of Federal employees                       We have analyzed this rule under                    of the fireworks barge and until the start
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                                                who enforce, or otherwise determine                     Department of Homeland Security                       of the fireworks display, the temporary
                                                compliance with, Federal regulations to                 Management Directive 023–01 and                       safety zone applies to the navigable
                                                the Small Business and Agriculture                      Commandant Instruction M16475.lD,                     waters around and under the fireworks
                                                Regulatory Enforcement Ombudsman                        which guide the Coast Guard in                        barge within a radius of 100 feet. From
                                                and the Regional Small Business                         complying with the National                           1 p.m. until 5 p.m. on May 28, 2016, the
                                                Regulatory Fairness Boards. The                         Environmental Policy Act of 1969                      fireworks barge will be loading at Pier
                                                Ombudsman evaluates these actions                       (NEPA) (42 U.S.C. 4321–4370f), and                    50 in San Francisco, CA. The fireworks


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                                                28022                Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations

                                                barge will remain at Pier 50 until the                  DEPARTMENT OF HOMELAND                                safety zones: 33 U.S.C. 1231; 33 CFR
                                                start of the transit. From 8 p.m. until                 SECURITY                                              1.05–1, 160.5; Department of Homeland
                                                8:30 p.m. on May 28, 2016, the loaded                                                                         Security Delegation No. 0170.1.
                                                fireworks barge will transit from Pier 50               Coast Guard                                              The purpose of this rulemaking is to
                                                to the launch site near AT&T Park in                                                                          update the safety zones in § 165.929 to
                                                San Francisco, CA in approximate                        33 CFR Part 165                                       ensure that they match the times, dates,
                                                position 37°46′36″ N. 122°22′56″ W.                     [Docket No. USCG–2015–1081]                           and dimensions for various marine and
                                                (NAD 83), where it will remain until the                                                                      triggering events that are expected to be
                                                                                                        RIN 1625–AA00                                         conducted with the Captain of the Port
                                                commencement of the fireworks
                                                display. Prior to the commencement of                                                                         Lake Michigan Zone throughout the
                                                                                                        Safety Zones; Annual Events
                                                the 10-minute fireworks display, at 9:30                Requiring Safety Zones in the Captain                 year. The purpose of the rulemaking is
                                                p.m. on May 28, 2016, the safety zone                   of the Port Lake Michigan Zone                        also to ensure vessels and persons are
                                                will expand to encompass the navigable                                                                        protected from the specific hazards
                                                                                                        AGENCY:    Coast Guard, DHS.                          related to the aforementioned events.
                                                waters within 700 feet of approximate
                                                                                                        ACTION:   Final rule.                                 These specific hazards include
                                                position 37°46′36″ N. 122°22′56″ W.
                                                                                                                                                              obstructions to the waterway that may
                                                (NAD 83).                                               SUMMARY:    The Coast Guard is amending               cause marine casualties; collisions
                                                   (b) Enforcement period. The safety                   its safety zones regulation for Annual                among vessels maneuvering at a high
                                                zone described in paragraph (a) of this                 Events in the Captain of the Port Lake                speed within a channel; the explosive
                                                section will be enforced from 1 p.m. to                 Michigan zone. This amendment                         dangers involved in pyrotechnics and
                                                10 p.m. on May 28, 2016. The Captain                    updates 18 permanent safety zones and                 hazardous cargo; and flaming/falling
                                                of the Port San Francisco (COTP) will                   adds 3 new permanent safety zones.                    debris into the water that may cause
                                                notify the maritime community of                        These amendments and additions are                    injuries.
                                                                                                        necessary to protect spectators,
                                                periods during which this zone will be                                                                        IV. Discussion of Comments, Changes,
                                                                                                        participants, and vessels from the
                                                enforced via Broadcast Notice to                                                                              and the Rule
                                                                                                        hazards associated with annual
                                                Mariners in accordance with § 165.7.                    maritime events, including fireworks                     As noted above, we received no
                                                   (c) Definitions. As used in this                     displays, boat races, and air shows.                  comments on our NPRM published on
                                                section, ‘‘designated representative’’                  DATES: This rule is effective June 8,                 January 20, 2016. There are no changes
                                                means a Coast Guard Patrol                              2016.                                                 in the regulatory text of this rule from
                                                Commander, including a Coast Guard                      ADDRESSES: To view documents                          the proposed rule in the NPRM.
                                                coxswain, petty officer, or other officer               mentioned in this preamble as being                      This rule amends 18 permanent safety
                                                on a Coast Guard vessel or a Federal,                   available in the docket, go to http://                zones found within table 165.929 in 33
                                                State, or local officer designated to assist            www.regulations.gov, type USCG–2015–                  CFR 165.929. These 18 amendments
                                                in the enforcement of the safety zones.                 1081 in the ‘‘SEARCH’’ box and click                  involve updating the location, size, and/
                                                   (d) Regulations. (1) Under the general               ‘‘SEARCH.’’ Click on Open Docket                      or enforcement times for: 11 fireworks
                                                regulations in subpart C of this part,                  Folder on the line associated with this               displays in various locations; 1 regatta
                                                entry into, transiting or anchoring                     rule.                                                 in Spring Lake, Michigan; 3 Air Shows;
                                                within this safety zone is prohibited                   FOR FURTHER INFORMATION CONTACT: If                   1 Facility in Marinette, Wisconsin; 1
                                                unless authorized by the COTP or a                      you have questions on this rule, call or              boat race from Chicago, Illinois; and 1
                                                designated representative.                              email Petty Officer Joseph McCollum,                  ski show in Sister Bay, Wisconsin.
                                                                                                        U.S. Coast Guard Sector Lake Michigan;                   Additionally, this rule adds 3 new
                                                   (2) The safety zone is closed to all                                                                       safety zones to table 165.929 within
                                                                                                        telephone 414–747–7148, email
                                                vessel traffic, except as may be                                                                              § 165.929 for annually-reoccurring
                                                                                                        Joseph.P.McCollum@uscg.mil.
                                                permitted by the COTP or a designated                                                                         events in the Captain of the Port Lake
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                representative.                                                                                               Michigan Zone. These 3 zones were
                                                   (3) Vessel operators desiring to enter               I. Table of Abbreviations                             added in order to protect the public
                                                or operate within the safety zone must                    CFR Code of Federal Regulations                     from the safety hazards previously
                                                contact the COTP or a designated                          DHS Department of Homeland Security                 described. The 3 additions include 2
                                                representative to obtain permission to                    FR Federal Register                                 safety zones for fireworks displays, and
                                                                                                          NPRM Notice of Proposed Rulemaking                  1 safety zone for a boat parade in
                                                do so. Vessel operators given permission                  § Section
                                                to enter or operate in the safety zone                                                                        Chicago Harbor, Chicago, Illinois. A list
                                                                                                          U.S.C. United States Code
                                                must comply with all directions given to                                                                      of specific changes and additions are
                                                them by the COTP or a designated                        II. Background, Information and                       available in the attachments within this
                                                representative. Persons and vessels may                 Regulatory History                                    Docket.
                                                request permission to enter the safety                     On January 20, 2016, the Coast Guard                  The Captain of the Port Lake
                                                zone may contact the Patrol Commander                   published a Notice of Proposed                        Michigan has determined that the safety
                                                (PATCOM) on VHF–23A or through the                      Rulemaking entitled Safety Zones;                     zones in this rule are necessary to
                                                24-hour Command Center at telephone                     Annual Events Requiring Safety Zones                  ensure the safety of vessels and people
                                                                                                        in the Captain of the Port Lake Michigan              during annual marine or triggering
                                                (415) 399–3547.
                                                                                                        Zone in the Federal Register (81 FR                   events in the Captain of the Port Lake
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                                                  Dated: April 26, 2016.                                3069). No comments were received. No                  Michigan zone. Although this rule will
                                                Gregory G. Stump,                                       public meeting was requested, and none                be effective year-round, the safety zones
                                                Captain, U.S. Coast Guard, Captain of the               was held.                                             in this rule will be enforced only
                                                Port San Francisco.                                                                                           immediately before, during, and after
                                                                                                        III. Legal Authority and Need for Rule                events that pose a hazard to the public
                                                [FR Doc. 2016–10892 Filed 5–6–16; 8:45 am]
                                                BILLING CODE 9110–04–P
                                                                                                           The legal basis for this rule is the               and only upon notice by the Captain of
                                                                                                        Coast Guard’s authority to establish                  the Port Lake Michigan.


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Document Created: 2018-02-07 14:49:50
Document Modified: 2018-02-07 14:49:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 1 p.m. through 10 p.m. on May 28, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or email at D11- [email protected]
FR Citation81 FR 28019 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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