81 FR 70942 - Safety Zones; San Francisco, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 199 (October 14, 2016)
Coast Guard
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 70942-70944 | |
| FR Document | 2016-24915 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Rules and Regulations] [Pages 70942-70944] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24915] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0154] RIN 1625-AA00 Safety Zones; San Francisco, CA AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending several permanent safety zones located in the Captain of the Port San Francisco zone that are established to protect public safety during annual firework displays. These amendments are necessary to update listed events to accurately reflect the firework display locations. This regulation prohibits the movement of vessels within the established firework display areas unless authorized by the Captain of the Port (COTP) San Francisco or a designated representative. DATES: This rule is effective November 14, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0154 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, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On April 19, 2016 we published a notice of proposed rulemaking (NPRM) entitled Safety Zones; San Francisco, CA, in the Federal Register (81 FR 22946), to amend several permanent safety zones located in the Captain of the Port San Francisco zone that are established to protect public safety during annual firework displays. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to the amended fireworks safety zones. We received no comments on the NPRM nor did we receive a request for public meeting. A public meeting was not held. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port San Francisco (COTP) has determined that potential hazards associated with the current outdated fireworks locations, if not updated, pose safety concerns for event crew, spectators, participants of the event, participating vessels, and other users and vessels of the waterway. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on April 19, 2016. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule amends Table 1 in Sec. 165.1191 to update three events to reflect the current event locations. These events are listed numerically in Table 1 of this section: (7), (8), (22). V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of each safety zone. Vessel traffic would be able to safely transit around each safety zone which would impact a small designated area of the COTP San Francisco zone for less than 1 hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Local Notice to Mariner and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, [[Page 70943]] Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zones lasting less than 1 hour that would prohibit entry within 1,000 feet of a fireworks barge. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this 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, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 165.1191, in Table 1 to Sec. 165.1191, revise items 7, 8, and 22, to read as follows: Sec. 165.1191 Northern California and Lake Tahoe Area Annual Fireworks Events. * * * * * Table 1 to Sec. 165.1191 * * * * * ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 7. San Francisco Independence Day Fireworks ------------------------------------------------------------------------ Sponsor...................... The City of San Francisco. Event Description............ Fireworks Display. Date......................... July 4th. Location 1................... A barge located approximately 1000 feet off San Francisco Pier 39 at approximately 37[deg]48'49'' N., 122[deg]24'46'' W. Location 2................... A barge located at the end of the San Francisco Municipal Pier at Aquatic Park at approximately 37[deg]48'39'' N., 122[deg]25'37'' W. Regulated Area 1............. 1. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. Regulated Area 2............. 2. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 8. Fourth of July Fireworks, Berkeley Marina ------------------------------------------------------------------------ Sponsor...................... Berkeley Marina. Event Description............ Fireworks Display. Date......................... July 4th. Location..................... A barge located near Berkeley Pier at approximately 37[deg]51'40'' N., 122[deg] 19'19'' W. Regulated Area............... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. * * * * * * * ------------------------------------------------------------------------ 22. Monte Foundation Fireworks ------------------------------------------------------------------------ Sponsor...................... Monte Foundation Fireworks. [[Page 70944]] Event Description............ Fireworks Display. Date......................... Second Saturday in October. Location..................... Capitola Pier in Capitola, CA. Regulated Area............... 1,000-foot safety zone around the navigable waters of the Capitola Pier. * * * * * * * ------------------------------------------------------------------------ Dated: September 15, 2016. Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2016-24915 Filed 10-13-16; 8:45 am] BILLING CODE 9110-04-P
![70942 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
Judith Starr, 22946), to amend several permanent would impact a small designated area of
General Counsel, Pension Benefit Guaranty safety zones located in the Captain of the COTP San Francisco zone for less
Corporation. the Port San Francisco zone that are than 1 hour during the evening when
[FR Doc. 2016–24811 Filed 10–13–16; 8:45 am] established to protect public safety vessel traffic is normally low. Moreover,
BILLING CODE 7709–02–P during annual firework displays. There the Coast Guard would issue a Local
we stated why we issued the NPRM, Notice to Mariner and Broadcast Notice
and invited comments on our proposed to Mariners via VHF–FM marine
DEPARTMENT OF HOMELAND regulatory action related to the amended channel 16 about the zone, and the rule
SECURITY fireworks safety zones. We received no would allow vessels to seek permission
comments on the NPRM nor did we to enter the zones.
Coast Guard receive a request for public meeting. A
B. Impact on Small Entities
public meeting was not held.
33 CFR Part 165 The Regulatory Flexibility Act of
III. Legal Authority and Need for Rule 1980, 5 U.S.C. 601–612, as amended,
[Docket Number USCG–2016–0154] The Coast Guard is issuing this rule requires Federal agencies to consider
RIN 1625–AA00 under authority in 33 U.S.C. 1231. The the potential impact of regulations on
Captain of the Port San Francisco small entities during rulemaking. The
Safety Zones; San Francisco, CA (COTP) has determined that potential term ‘‘small entities’’ comprises small
hazards associated with the current businesses, not-for-profit organizations
AGENCY: Coast Guard, DHS.
outdated fireworks locations, if not that are independently owned and
ACTION: Final rule. updated, pose safety concerns for event operated and are not dominant in their
SUMMARY: The Coast Guard is amending crew, spectators, participants of the fields, and governmental jurisdictions
several permanent safety zones located event, participating vessels, and other with populations of less than 50,000.
in the Captain of the Port San Francisco users and vessels of the waterway. The Coast Guard certifies under 5 U.S.C.
zone that are established to protect 605(b) that this rule would not have a
IV. Discussion of Comments, Changes,
public safety during annual firework significant economic impact on a
and the Rule
displays. These amendments are substantial number of small entities.
As noted above, we received no While some owners or operators of
necessary to update listed events to
comments on our NPRM published on vessels intending to transit the safety
accurately reflect the firework display
April 19, 2016. There are no changes in zone may be small entities, for the
locations. This regulation prohibits the
the regulatory text of this rule from the reasons stated in section V.A above this
movement of vessels within the
proposed rule in the NPRM. rule would not have a significant
established firework display areas This rule amends Table 1 in economic impact on any vessel owner
unless authorized by the Captain of the § 165.1191 to update three events to or operator.
Port (COTP) San Francisco or a reflect the current event locations. If you think that your business,
designated representative. These events are listed numerically in organization, or governmental
DATES: This rule is effective November Table 1 of this section: (7), (8), (22). jurisdiction qualifies as a small entity
14, 2016. and that this rule would have a
V. Regulatory Analyses
ADDRESSES: To view documents significant economic impact on it,
mentioned in this preamble as being We developed this rule after please submit a comment (see
available in the docket, go to http:// considering numerous statutes and ADDRESSES) explaining why you think it
www.regulations.gov, type USCG–2016– Executive orders related to rulemaking. qualifies and how and to what degree
0154 in the ‘‘SEARCH’’ box and click Below we summarize our analyses this rule would economically affect it.
‘‘SEARCH.’’ Click on Open Docket based on a number of these statutes and Under section 213(a) of the Small
Folder on the line associated with this Executive orders, and we discuss First Business Regulatory Enforcement
rule. Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121),
FOR FURTHER INFORMATION CONTACT: If A. Regulatory Planning and Review we want to assist small entities in
you have questions on this rule, call or understanding this rule. If the rule
Executive Orders 12866 and 13563 would affect your small business,
email Lieutenant Junior Grade Christina
direct agencies to assess the costs and organization, or governmental
Ramirez, U.S. Coast Guard Sector San
benefits of available regulatory jurisdiction and you have questions
Francisco; telephone 415–399–3585,
alternatives and, if regulation is concerning its provisions or options for
email D11-PF-MarineEvents@uscg.mil.
necessary, to select regulatory compliance, please contact the person
SUPPLEMENTARY INFORMATION: approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION
I. Table of Abbreviations Executive Order 13563 emphasizes the CONTACT section. The Coast Guard will
importance of quantifying both costs not retaliate against small entities that
CFR Code of Federal Regulations and benefits, of reducing costs, of
COTP Captain of the Port question or complain about this rule or
DHS Department of Homeland Security
harmonizing rules, and of promoting any policy or action of the Coast Guard.
FR Federal Register flexibility. This NPRM has not been
NPRM Notice of proposed rulemaking designated a ‘‘significant regulatory C. Collection of Information
§ Section action,’’ under Executive Order 12866. This rule would not call for a new
U.S.C. United States Code Accordingly, the NPRM has not been collection of information under the
reviewed by the Office of Management Paperwork Reduction Act of 1995 (44
ehiers on DSK5VPTVN1PROD with RULES
II. Background Information and
and Budget. U.S.C. 3501–3520).
Regulatory History This regulatory action determination
On April 19, 2016 we published a is based on the size, location, duration, D. Federalism and Indian Tribal
notice of proposed rulemaking (NPRM) and time-of-day of each safety zone. Governments
entitled Safety Zones; San Francisco, Vessel traffic would be able to safely A rule has implications for federalism
CA, in the Federal Register (81 FR transit around each safety zone which under Executive Order 13132,
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![70944 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
TABLE 1 TO § 165.1191—Continued
Event Description ................................................ Fireworks Display.
Date ..................................................................... Second Saturday in October.
Location ............................................................... Capitola Pier in Capitola, CA.
Regulated Area ................................................... 1,000-foot safety zone around the navigable waters of the Capitola Pier.
* * * * * * *
Dated: September 15, 2016. e.g., Confidential Business Information D. Control Technology Review
Anthony J. Ceraolo, or other information whose disclosure is E. Setback Requirements
Captain, U.S. Coast Guard, Captain of the restricted by statute. Certain other F. Requirements Relating to Threatened or
Port San Francisco. material, such as copyrighted material, Endangered Species and Historic
Properties
[FR Doc. 2016–24915 Filed 10–13–16; 8:45 am] is not placed on the Internet and will be G. Use of Throughput Limits and Capacity
BILLING CODE 9110–04–P publicly available only in hard copy Limits
form. Publicly available docket V. Statutory and Executive Order Reviews
materials are available electronically A. Executive Order 12866: Regulatory
ENVIRONMENTAL PROTECTION through http://www.regulations.gov. Planning and Review and Executive
AGENCY FOR FURTHER INFORMATION CONTACT: Order 13563: Improving Regulation and
Christopher Stoneman, Outreach and Regulatory Review
40 CFR Part 49 Information Division, Office of Air B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
Quality Planning and Standards, (C–
[EPA–HQ–OAR–2011–0151; FRL–9952–86– D. Unfunded Mandates Reform Act
OAR] 304–03), Environmental Protection (UMRA)
Agency, Research Triangle Park, North E. Executive Order 13132: Federalism
RIN 2060–AR98 Carolina, 27711, telephone number F. Executive Order 13175: Consultation
(919) 541–0823, facsimile number (919) and Coordination With Indian Tribal
General Permits and Permits by Rule 541–0072, email address: Governments
for the Federal Minor New Source stoneman.chris@epa.gov. G. Executive Order 13045: Protection of
Review Program in Indian Country for Children From Environmental Health
SUPPLEMENTARY INFORMATION:
Six Source Categories Risks and Safety Risks
Throughout this document, ‘‘Reviewing
H. Executive Order 13211: Actions
AGENCY: Environmental Protection Authority,’’ ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer Concerning Regulations That
Agency (EPA). to the EPA. The information in this Significantly Affect Energy Supply,
ACTION: Final rule. preamble is organized as follows: Distribution or Use
I. National Technology Transfer and
Table of Contents
SUMMARY: The Environmental Protection Advancement Act (NTTAA)
Agency (EPA) is finalizing general I. General Information J. Executive Order 12898: Federal Actions
permits for use in Indian country A. Does this action apply to me? To Address Environmental Justice in
pursuant to the Federal Minor New B. Where can I get a copy of this document Minority Populations and Low-Income
and other related information? Populations
Source Review (NSR) Program in Indian
II. Overview of the Final Rule K. Congressional Review Act (CRA)
Country for new or modified minor III. Background
sources in the following six source A. Federal Minor New Source Review I. General Information
categories: concrete batch plants; boilers Program in Indian Country
and emergency engines; stationary spark B. General Permits and Permits by Rule for A. Does this action apply to me?
ignition engines; stationary compression the Federal Minor New Source Review
ignition engines; graphic arts and Program in Indian Country—Proposed Entities potentially affected by this
printing operations; and sawmill Rule final action consist of owners and
facilities. IV. Final Rulemaking Action operators of facilities included in the
A. Permitting Documents and following source categories that are
DATES: This final rule is effective on Implementation Tools located, or planning to locate, in an
November 14, 2016. B. Issues Concerning Aspects of Finalizing Indian reservation or in another area of
ADDRESSES: The EPA has established a a General Permit/Permit by Rule for Indian country (as defined in 18 U.S.C.
docket for this action under Docket ID Graphic Arts and Printing Operations 1151) over which an Indian tribe, or the
C. Proposed Rule Change to the Federal
No. EPA–HQ–OAR–2011–0151. All Indian Country Minor New Source
EPA, has demonstrated that the tribe has
documents in the docket are listed in Review Rule in One Area: Shortening the jurisdiction where there is no EPA-
the http://www.regulations.gov Web General Permit Application Review approved program in place and that are
site. Although listed in the index, some Process From 90 to 45 Days for Graphic subject to the requirements of the
information is not publicly available, Arts and Printing Operations Federal Indian Country Minor NSR rule.
TABLE 1—SOURCE CATEGORIES
North
American
ehiers on DSK5VPTVN1PROD with RULES
Industry categories industry Examples of regulated industries
classification
categories
Boilers and Emergency Engines ................................................ 11 Agriculture, Greenhouses.
2211 Electric Power Generation.
321 Wood Product Manufacturing (Except Sawmill Facilities).
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Document Created: 2016-10-14 00:01:02
Document Modified: 2016-10-14 00:01:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 14, 2016. | |
| 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, email D11-PF- [email protected] | |
| FR Citation | 81 FR 70942 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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