81_FR_66999 81 FR 66810 - Safety Zone: Monte Foundation Fireworks Extravaganza, Capitola, CA

81 FR 66810 - Safety Zone: Monte Foundation Fireworks Extravaganza, Capitola, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66810-66812
FR Document2016-23574

The Coast Guard is establishing a temporary safety zone in the navigable waters at Capitola Wharf in Capitola, CA in support of Monte Foundation Fireworks Extravaganza on October 9, 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 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66810-66812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0825]
RIN 1625-AA00


Safety Zone: Monte Foundation Fireworks Extravaganza, Capitola, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 66811]]

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters at Capitola Wharf in Capitola, CA in support of Monte 
Foundation Fireworks Extravaganza on October 9, 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 8:30 p.m. to 9 p.m. on October 9, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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: 

Table of Abbreviations

APA Administrative Procedure Act
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

A. Background Information and Regulatory History

    The Coast Guard is issuing this rule without prior notice 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 when the agency for good cause finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under 5 U.S.C. 553(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. The Coast Guard received the 
information about the fireworks display on August 10, 2016, and the 
fireworks display would occur before the rulemaking process would be 
completed. 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 those reasons, it would be 
impracticable to publish an NPRM.
    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.

B. Basis and Purpose

    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 Monte Foundation will sponsor the Monte Foundation Fireworks 
Extravaganza on October 9, 2016, at Capitola Wharf in Capitola, CA in 
approximate position 36[deg]58'10'' N., 121[deg]57'12'' W. (NAD 83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18685. Upon the commencement of the fireworks display, a safety 
zone is necessary to protect spectators, vessels, and other property 
from the hazards associated with pyrotechnics.

C. Discussion of the Interim Rule

    This temporary safety zone will encompass the navigable waters 
around the land based launch site at the Capitola Wharf in Capitola, 
CA. Upon the commencement of the 25-minute fireworks display, scheduled 
to begin at 8:30 p.m. on October 9, 2016, the safety zone will 
encompass the navigable waters around the fireworks launch site within 
a radius of 1,000 feet in approximate position 36[deg]58'10'' N., 
121[deg]57'12'' W. (NAD 83) for the Monte Foundation Fireworks 
Extravaganza. At the conclusion of the fireworks display the safety 
zone shall terminate.
    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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.
1. 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, 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.
2. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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

[[Page 66812]]

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.
3. 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).
4. Federalism and Tribal Governments
    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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.
5. 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.
6. 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 (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.
7. 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 Sec.  165.T11-802 to read as follows:


Sec.  165.T11-802   Safety Zone; Monte Foundation Fireworks 
Extravaganza, Capitola, CA.

    (a) Location. This safety zone is established in the navigable 
waters at Capitola Wharf in Capitola, CA, as depicted in National 
Oceanic and Atmospheric Administration (NOAA) Chart 18685. The 
temporary safety zone will encompass the navigable waters around the 
fireworks launch site in approximate position 36[deg]58'10'' N., 
121[deg]57'12'' W. (NAD83) within a radius of 1,000 feet.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 8:30 p.m. through 9 p.m. on October 9, 
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 by or assisting 
the COTP to assist in the patrol and 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 on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: August 26, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-23574 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                66810            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                Accordingly, it has not been reviewed                    question or complain about this rule or               figure 2–1, paragraph (32)(e), of the
                                                by the Office of Management and                          any policy or action of the Coast Guard.              Instruction.
                                                Budget.                                                                                                           Under figure 2–1, paragraph (32)(e), of
                                                                                                         C. Collection of Information                          the Instruction, an environmental
                                                   This regulatory action determination
                                                is based on the ability that vessels can                   This rule calls for no new collection               analysis checklist and a categorical
                                                still transit the bridge given advanced                  of information under the Paperwork                    exclusion determination are not
                                                notice during times when vessel traffic                  Reduction Act of 1995 (44 U.S.C. 3501–                required for this rule.
                                                is at its lowest.                                        3520).
                                                                                                                                                               G. Protest Activities
                                                B. Impact on Small Entities                              D. Federalism and Indian Tribal                         The Coast Guard respects the First
                                                                                                         Government                                            Amendment rights of protesters.
                                                   The Regulatory Flexibility Act of 1980
                                                (RFA), 5 U.S.C. 601–612, as amended,                        A rule has implications for federalism             Protesters are asked to contact the
                                                requires federal agencies to consider the                under Executive Order 13132,                          person listed in the FOR FURTHER
                                                potential impact of regulations on small                 Federalism, if it has a substantial direct            INFORMATION CONTACT section to
                                                entities during rulemaking. The term                     effect on the States, on the relationship             coordinate protest activities so that your
                                                ‘‘small entities’’ comprises small                       between the national government and                   message can be received without
                                                businesses, not-for-profit organizations                 the States, or on the distribution of                 jeopardizing the safety or security of
                                                that are independently owned and                         power and responsibilities among the                  people, places or vessels.
                                                operated and are not dominant in their                   various levels of government. We have
                                                                                                         analyzed this rule under that Order and               List of Subjects in 33 CFR Part 117
                                                fields, and governmental jurisdictions
                                                                                                         have determined that it is consistent                   Bridges.
                                                with populations of less than 50,000.
                                                The Coast Guard did not receive any                      with the fundamental federalism                         For the reasons discussed in the
                                                comments from the Small Business                         principles and preemption requirements                preamble, the Coast Guard amends 33
                                                Administration on this rule. The Coast                   described in Executive Order 13132.                   CFR part 117 as follows:
                                                                                                            Also, this rule does not have tribal
                                                Guard certifies under 5 U.S.C. 605(b)                                                                          PART 117—DRAWBRIDGE
                                                                                                         implications under Executive Order
                                                that this rule would not have a                                                                                OPERATION REGULATIONS
                                                                                                         13175, Consultation and Coordination
                                                significant economic impact on a
                                                                                                         with Indian Tribal Governments,
                                                substantial number of small entities.                                                                          ■ 1. The authority citation for part 117
                                                                                                         because it would not have a substantial
                                                This rule would not have a significant                                                                         continues to read as follows:
                                                                                                         direct effect on one or more Indian
                                                economic impact on any vessel owner                                                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                         tribes, on the relationship between the
                                                or operator because the bridges will                                                                           and Department of Homeland Security
                                                                                                         Federal Government and Indian tribes,
                                                open with advance notice during low                                                                            Delegation No. 0170.1.
                                                                                                         or on the distribution of power and
                                                traffic times on the waterway or when                                                                              2. Revise § 117.635 to read as follows:
                                                                                                         responsibilities between the Federal                  ■
                                                ice conditions hinder normal
                                                                                                         Government and Indian tribes.
                                                navigation.                                                                                                    § 117.635   Keweenaw Waterway.
                                                   While some owners or operators of                     E. Unfunded Mandates Reform Act                          The draw of the US41 bridge, mile
                                                vessels intending to transit the bridges                   The Unfunded Mandates Reform Act                    16.0 between Houghton and Hancock,
                                                may be small entities, for the reasons                   of 1995 (2 U.S.C. 1531–1538) requires                 shall open on signal; except that from
                                                stated in section V.A above, this rule                   Federal agencies to assess the effects of             April 15 through December 14, between
                                                would not have a significant economic                    their discretionary regulatory actions. In            midnight and 4 a.m., the draw shall be
                                                impact on any vessel owner or operator.                  particular, the Act addresses actions                 placed in the intermediate position and
                                                   Under section 213(a) of the Small                     that may result in the expenditure by a               open on signal if at least 2 hours notice
                                                Business Regulatory Enforcement                          State, local, or tribal government, in the            is given. From December 15 through
                                                Fairness Act of 1996 (Pub. L. 104–121),                  aggregate, or by the private sector of                April 14 the draw shall open on signal
                                                we want to assist small entities in                      $100,000,000 (adjusted for inflation) or              if at least 12 hours notice is given.
                                                understanding this rule. If the rule                     more in any one year. Though this rule                   Dated: September 15, 2016.
                                                would affect your small business,                        will not result in such an expenditure,               J.E. Ryan,
                                                organization, or governmental                            we do discuss the effects of this rule                Rear Admiral, U.S. Coast Guard, Commander,
                                                jurisdiction and you have questions                      elsewhere in this preamble.                           Ninth Coast Guard District.
                                                concerning its provisions or options for
                                                                                                         F. Environment                                        [FR Doc. 2016–23576 Filed 9–28–16; 8:45 am]
                                                compliance, please contact the person
                                                                                                                                                               BILLING CODE 9110–04–P
                                                listed in the FOR FURTHER INFORMATION                      We have analyzed this rule under
                                                CONTACT, above. Small businesses may                     Department of Homeland Security
                                                send comments on the actions of                          Management Directive 023–01 and                       DEPARTMENT OF HOMELAND
                                                Federal employees who enforce, or                        Commandant Instruction M16475.lD,                     SECURITY
                                                otherwise determine compliance with,                     which guides the Coast Guard in
                                                Federal regulations to the Small                         complying with the National                           Coast Guard
                                                Business and Agriculture Regulatory                      Environmental Policy Act of 1969
                                                Enforcement Ombudsman and the                            (NEPA) (42 U.S.C. 4321–4370f), and                    33 CFR Part 165
                                                Regional Small Business Regulatory                       have made a determination that this
                                                Fairness Boards. The Ombudsman                           action is one of a category of actions                [Docket No. USCG–2016–0825]
mstockstill on DSK3G9T082PROD with RULES




                                                evaluates these actions annually and                     which do not individually or                          RIN 1625–AA00
                                                rates each agency’s responsiveness to                    cumulatively have a significant effect on
                                                small business. If you wish to comment                   the human environment. This rule                      Safety Zone: Monte Foundation
                                                on actions by employees of the Coast                     simply promulgates the operating                      Fireworks Extravaganza, Capitola, CA
                                                Guard, call 1–888–REG–FAIR (1–888–                       regulations or procedures for                         AGENCY:    Coast Guard, DHS.
                                                734–3247). The Coast Guard will not                      drawbridges. This action is categorically
                                                                                                                                                               ACTION:   Temporary final rule.
                                                retaliate against small entities that                    excluded from further review, under


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                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                       66811

                                                SUMMARY:   The Coast Guard is                            event area. For those reasons, it would               Executive Orders, and we discuss First
                                                establishing a temporary safety zone in                  be impracticable to publish an NPRM.                  Amendment rights of protestors.
                                                the navigable waters at Capitola Wharf                     Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                         Guard finds that good cause exists for                1. Regulatory Planning and Review
                                                in Capitola, CA in support of Monte
                                                Foundation Fireworks Extravaganza on                     making this rule effective less than 30                  Executive Orders 12866 and 13563
                                                October 9, 2016. This safety zone is                     days after publication in the Federal                 direct agencies to assess the costs and
                                                established to ensure the safety of                      Register. For these same reasons, the                 benefits of available regulatory
                                                mariners and spectators from the                         Coast Guard finds good cause for                      alternatives and, if regulation is
                                                dangers associated with the                              implementing this rule less than thirty               necessary, to select regulatory
                                                pyrotechnics. Unauthorized persons or                    days before the effective date.                       approaches that maximize net benefits.
                                                vessels are prohibited from entering                     B. Basis and Purpose                                  Executive Order 13563 emphasizes the
                                                into, transiting through, or remaining in                                                                      importance of quantifying both costs
                                                the safety zone without permission of                       The Coast Guard is issuing this rule               and benefits, of reducing costs, of
                                                the Captain of the Port or their                         under authority in 33 U.S.C. 1231; 50                 harmonizing rules, and of promoting
                                                designated representative.                               U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                    flexibility. This rule has not been
                                                                                                         6.04–6, 160.5; Department of Homeland                 designated a ‘‘significant regulatory
                                                DATES: This rule is effective from 8:30
                                                                                                         Security Delegation No. 0170.1, which                 action,’’ under Executive Order 12866.
                                                p.m. to 9 p.m. on October 9, 2016.
                                                                                                         collectively authorize the Coast Guard                Accordingly, it has not been reviewed
                                                ADDRESSES: To view documents                             to establish safety zones.
                                                mentioned in this preamble as being                                                                            by the Office of Management and
                                                                                                            The Monte Foundation will sponsor                  Budget.
                                                available in the docket, go to http://                   the Monte Foundation Fireworks
                                                www.regulations.gov, type USCG–2016–                                                                              We expect the economic impact of
                                                                                                         Extravaganza on October 9, 2016, at                   this rule will not rise to the level of
                                                0825 in the ‘‘SEARCH’’ box and click                     Capitola Wharf in Capitola, CA in
                                                ‘‘SEARCH.’’ Click on Open Docket                                                                               necessitating a full Regulatory
                                                                                                         approximate position 36°58′10″ N.,                    Evaluation. The safety zone is limited in
                                                Folder on the line associated with this                  121°57′12″ W. (NAD 83) as depicted in
                                                rule.                                                                                                          duration, and is limited to a narrowly
                                                                                                         National Oceanic and Atmospheric                      tailored geographic area. In addition,
                                                FOR FURTHER INFORMATION CONTACT: If                      Administration (NOAA) Chart 18685.
                                                you have questions on this rule, call or                                                                       although this rule restricts access to the
                                                                                                         Upon the commencement of the                          waters encompassed by the safety zone,
                                                email Lieutenant Junior Grade Christina                  fireworks display, a safety zone is
                                                Ramirez, U.S. Coast Guard Sector San                                                                           the effect of this rule will not be
                                                                                                         necessary to protect spectators, vessels,             significant because the local waterway
                                                Francisco; telephone (415) 399–3585 or                   and other property from the hazards
                                                email at D11–PF-                                                                                               users will be notified via public
                                                                                                         associated with pyrotechnics.                         Broadcast Notice to Mariners to ensure
                                                MarineEvents@uscg.mil.
                                                                                                         C. Discussion of the Interim Rule                     the safety zone will result in minimum
                                                SUPPLEMENTARY INFORMATION:                                                                                     impact. The entities most likely to be
                                                                                                            This temporary safety zone will
                                                Table of Abbreviations                                   encompass the navigable waters around                 affected are waterfront facilities,
                                                                                                         the land based launch site at the                     commercial vessels, and pleasure craft
                                                APA Administrative Procedure Act                         Capitola Wharf in Capitola, CA. Upon                  engaged in recreational activities.
                                                COTP Captain of the Port                                 the commencement of the 25-minute
                                                DHS Department of Homeland Security
                                                                                                                                                               2. Impact on Small Entities
                                                                                                         fireworks display, scheduled to begin at
                                                FR Federal Register                                                                                               The Regulatory Flexibility Act of 1980
                                                                                                         8:30 p.m. on October 9, 2016, the safety
                                                                                                         zone will encompass the navigable                     (RFA), 5 U.S.C. 601–612, as amended,
                                                A. Background Information and                                                                                  requires federal agencies to consider the
                                                Regulatory History                                       waters around the fireworks launch site
                                                                                                         within a radius of 1,000 feet in                      potential impact of regulations on small
                                                   The Coast Guard is issuing this rule                  approximate position 36°58′10″ N.,                    entities during rulemaking. The term
                                                without prior notice pursuant to                         121°57′12″ W. (NAD 83) for the Monte                  ‘‘small entities’’ comprises small
                                                authority under section 4(a) of the                      Foundation Fireworks Extravaganza. At                 businesses, not-for-profit organizations
                                                Administrative Procedure Act (APA) (5                    the conclusion of the fireworks display               that are independently owned and
                                                U.S.C. 553(b)). This provision                           the safety zone shall terminate.                      operated and are not dominant in their
                                                authorizes an agency to issue a rule                        The effect of the temporary safety                 fields, and governmental jurisdictions
                                                without prior notice when the agency                     zone will be to restrict navigation in the            with populations of less than 50,000.
                                                for good cause finds that those                          vicinity of the launch site until the                 The Coast Guard certifies under 5 U.S.C.
                                                procedures are ‘‘impracticable,                          conclusion of the scheduled display.                  605(b) that this rule will not have a
                                                unnecessary, or contrary to the public                   Except for persons or vessels authorized              significant economic impact on a
                                                interest.’’ Under 5 U.S.C. 553(d)(3), the                by the Coast Guard Patrol Commander,                  substantial number of small entities.
                                                Coast Guard finds that good cause exists                 no person or vessel may enter or remain                  This rule may affect owners and
                                                for making this rule effective less than                 in the restricted area. These regulations             operators of waterfront facilities,
                                                30 days after publication in the Federal                 are needed to keep spectators and                     commercial vessels, and pleasure craft
                                                Register. The Coast Guard received the                   vessels away from the immediate                       engaged in recreational activities and
                                                information about the fireworks display                  vicinity of the launch site to ensure the             sightseeing. This safety zone would not
                                                on August 10, 2016, and the fireworks                    safety of participants, spectators, and               have a significant economic impact on
                                                display would occur before the                           transiting vessels.                                   a substantial number of small entities
mstockstill on DSK3G9T082PROD with RULES




                                                rulemaking process would be                                                                                    for the following reasons. This safety
                                                completed. Because of the dangers                        D. Regulatory Analyses                                zone would be activated, and thus
                                                posed by the pyrotechnics used in this                     We developed this rule after                        subject to enforcement, for a limited
                                                fireworks display, the safety zone is                    considering numerous statutes and                     duration. When the safety zone is
                                                necessary to provide for the safety of                   executive orders related to rulemaking.               activated, vessel traffic could pass safely
                                                event participants, spectators, spectator                Below we summarize our analyses                       around the safety zone. The maritime
                                                craft, and other vessels transiting the                  based on a number of these statutes and               public will be advised in advance of this


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                                                66812            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                safety zone via Broadcast Notice to                      5. Unfunded Mandates Reform Act                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Mariners.                                                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                           The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                                   Under section 213(a) of the Small                     of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                                Business Regulatory Enforcement                          Federal agencies to assess the effects of
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                        ■ 2. Add § 165.T11–802 to read as
                                                                                                         their discretionary regulatory actions. In            follows:
                                                we want to assist small entities in                      particular, the Act addresses actions
                                                understanding this rule. If the rule                     that may result in the expenditure by a               § 165.T11–802 Safety Zone; Monte
                                                would affect your small business,                        State, local, or tribal government, in the            Foundation Fireworks Extravaganza,
                                                organization, or governmental                            aggregate, or by the private sector of                Capitola, CA.
                                                jurisdiction and you have questions                      $100,000,000 (adjusted for inflation) or                (a) Location. This safety zone is
                                                concerning its provisions or options for                 more in any one year. Though this rule                established in the navigable waters at
                                                compliance, please contact the person                    will not result in such an expenditure,               Capitola Wharf in Capitola, CA, as
                                                listed in the FOR FURTHER INFORMATION                    we do discuss the effects of this rule                depicted in National Oceanic and
                                                CONTACT, above.                                          elsewhere in this preamble.                           Atmospheric Administration (NOAA)
                                                   Small businesses may send comments                                                                          Chart 18685. The temporary safety zone
                                                                                                         6. Environment                                        will encompass the navigable waters
                                                on the actions of Federal employees
                                                who enforce, or otherwise determine                        We have analyzed this rule under                    around the fireworks launch site in
                                                compliance with, Federal regulations to                  Department of Homeland Security                       approximate position 36°58′10″ N.,
                                                the Small Business and Agriculture                       Management Directive 023–01 and                       121°57′12″ W. (NAD83) within a radius
                                                Regulatory Enforcement Ombudsman                         Commandant Instruction M16475.lD,                     of 1,000 feet.
                                                and the Regional Small Business                          which guide the Coast Guard in                          (b) Enforcement period. The zone
                                                Regulatory Fairness Boards. The                          complying with the National                           described in paragraph (a) of this
                                                Ombudsman evaluates these actions                        Environmental Policy Act of 1969 (42                  section will be enforced from 8:30 p.m.
                                                annually and rates each agency’s                         U.S.C. 4321–4370f), and have                          through 9 p.m. on October 9, 2016. The
                                                responsiveness to small business. If you                 determined that this action is one of a               Captain of the Port San Francisco
                                                                                                         category of actions that do not                       (COTP) will notify the maritime
                                                wish to comment on actions by
                                                                                                         individually or cumulatively have a                   community of periods during which this
                                                employees of the Coast Guard, call 1–
                                                                                                         significant effect on the human                       zone will be enforced via Broadcast
                                                888–REG–FAIR (1–888–734–3247). The
                                                                                                         environment. This rule involves a safety              Notice to Mariners in accordance with
                                                Coast Guard will not retaliate against
                                                                                                         zone of limited size and duration. This               § 165.7.
                                                small entities that question or complain                                                                         (c) Definitions. As used in this
                                                about this rule or any policy or action                  rule is categorically excluded from
                                                                                                         further review under paragraph 34(g) of               section, ‘‘designated representative’’
                                                of the Coast Guard.                                                                                            means a Coast Guard Patrol
                                                                                                         Figure 2–1 of the Commandant
                                                3. Collection of Information                             Instruction. An environmental analysis                Commander, including a Coast Guard
                                                                                                                                                               coxswain, petty officer, or other officer
                                                  This rule will not call for a new                      checklist supporting this determination
                                                                                                                                                               on a Coast Guard vessel or a Federal,
                                                collection of information under the                      and a Categorical Exclusion
                                                                                                                                                               State, or local officer designated by or
                                                Paperwork Reduction Act of 1995 (44                      Determination are available in the
                                                                                                                                                               assisting the COTP to assist in the patrol
                                                U.S.C. 3501–3520).                                       docket where indicated under
                                                                                                                                                               and enforcement of the safety zones.
                                                                                                         ADDRESSES. We seek any comments or
                                                4. Federalism and Tribal Governments                                                                             (d) Regulations. (1) Under the general
                                                                                                         information that may lead to the                      regulations in subpart C of this part,
                                                                                                         discovery of a significant environmental              entry into, transiting or anchoring
                                                   A rule has implications for federalism
                                                                                                         impact from this rule.                                within this safety zone is prohibited
                                                under Executive Order 13132,
                                                Federalism, if it has a substantial direct               7. Protest Activities                                 unless authorized by the COTP or a
                                                effect on the States, on the relationship                                                                      designated representative.
                                                                                                           The Coast Guard respects the First                     (2) The safety zone is closed to all
                                                between the national government and                      Amendment rights of protesters.
                                                the States, or on the distribution of                                                                          vessel traffic, except as may be
                                                                                                         Protesters are asked to contact the                   permitted by the COTP or a designated
                                                power and responsibilities among the                     person listed in the FOR FURTHER
                                                various levels of government. We have                                                                          representative.
                                                                                                         INFORMATION CONTACT section to                           (3) Vessel operators desiring to enter
                                                analyzed this rule under that Order and                  coordinate protest activities so that your
                                                determined that this rule does not have                                                                        or operate within the safety zone must
                                                                                                         message can be received without                       contact the COTP or a designated
                                                implications for federalism.                             jeopardizing the safety or security of                representative to obtain permission to
                                                   Also, this rule does not have tribal                  people, places or vessels.                            do so. Vessel operators given permission
                                                implications under Executive Order
                                                                                                         List of Subjects in 33 CFR Part 165                   to enter or operate in the safety zone
                                                13175, Consultation and Coordination
                                                                                                                                                               must comply with all directions given to
                                                with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  them by the COTP or a designated
                                                because it does not have a substantial                   (water), Reporting and recordkeeping                  representative. Persons and vessels may
                                                direct effect on one or more Indian                      requirements, Security measures,                      request permission to enter the safety
                                                tribes, on the relationship between the                  Waterways.                                            zone on VHF–23A or through the 24-
                                                Federal Government and Indian tribes,                      For the reasons discussed in the                    hour Command Center at telephone
                                                or on the distribution of power and                      preamble, the Coast Guard amends 33                   (415) 399–3547.
mstockstill on DSK3G9T082PROD with RULES




                                                responsibilities between the Federal                     CFR part 165 as follows:
                                                Government and Indian tribes. If you                                                                             Dated: August 26, 2016.
                                                believe this rule has implications for                   PART 165—REGULATED NAVIGATION                         Anthony J. Ceraolo,
                                                federalism or Indian tribes, please                      AREAS AND LIMITED ACCESS AREAS                        Captain, U.S. Coast Guard, Captain of the
                                                contact the person listed in the FOR                                                                           Port San Francisco.
                                                FURTHER INFORMATION CONTACT section                      ■ 1. The authority citation for part 165              [FR Doc. 2016–23574 Filed 9–28–16; 8:45 am]
                                                above.                                                   continues to read as follows:                         BILLING CODE 9110–04–P




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Document Created: 2016-09-29 04:15:15
Document Modified: 2016-09-29 04:15:15
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 8:30 p.m. to 9 p.m. on October 9, 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 66810 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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