82 FR 15635 - Safety Zones; San Francisco, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 60 (March 30, 2017)
Coast Guard
Federal Register Volume 82, Issue 60 (March 30, 2017)
| Page Range | 15635-15637 | |
| FR Document | 2017-06287 |
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)] [Rules and Regulations] [Pages 15635-15637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06287] [[Page 15635]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0836] RIN 1625-AA00 Safety Zones; San Francisco, CA AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is adding, amending, and deleting 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 changes will 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 May 1, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0836 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 415-399-2001, 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 January 18, 2017 we published a notice of proposed rulemaking (NPRM) entitled Safety Zones; San Francisco, CA, in the Federal Register (83 FR 5482). 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 adverse 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 events, if not updated, pose safety concerns for event crew, spectators, participants of the event, participating vessels, and other users and vessels of the waterway. One of the published annual fireworks events that requires safety zones does not currently reflect the accurate location of the respective display sites. Three annual fireworks events that require safety zones are not published in 33 CFR 165.1191 and one published fireworks event has not occurred since 2009. Safety zones which accurately reflect the location of each event are necessary to provide for the safety of the crew, spectators, participants of the event, participating vessels, and other users and vessels of the waterway from the hazards associated with firework displays. The effect of these proposed safety zones will be to restrict general navigation in the vicinity of the events, from the start of each event until the conclusion of that event. Except for the persons or vessels authorized by the COTP San Francisco or a designated representative, no person or vessel may enter or remain in the regulated area. These regulations are needed to keep spectators and vessels a safe distance away from the fireworks displays to ensure the safety of participants, spectators, and transiting vessels. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no adverse comments on our NPRM published on January 18, 2017. We received one comment supporting the Coast Guard's efforts to safeguard vessels. 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. 1191 to update one event to reflect the current event location, delete one event fireworks event which has not occurred since 2009, and permanently publish three annual events. These events are listed numerically in Table 1 of this section: Respectively items (9), (2), and the addition of (28), (29), and (30). 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 E.O.s 12866 (``Regulatory Planning and Review'') and 13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs''), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). 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 [[Page 15636]] operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above this rule will not have a significant economic impact on any vessel owner or operator. 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 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 Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it 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 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 (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 a radial distance of no more than 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, remove and reserve item 2, revise item 9, and add items 28, 29, and 30 to read as follows: Sec. 165.1191 Northern California and Lake Tahoe Area Annual Fireworks Events. * * * * * Table 1 to Sec. 165.1191 * * * * * ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 2. [Reserved] ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 9. Fourth of July Fireworks, City of Richmond ------------------------------------------------------------------------ Sponsor........................... Various Sponsors. Event Description................. Fireworks Display. Date.............................. Week of July 4th. Location.......................... A barge located in Richmond Harbor in approximate position 37[deg]54'40'' N., 122[deg]21'05'' W., Richmond, CA. [[Page 15637]] 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 560-foot radius upon commencement of the fireworks display. * * * * * * * ------------------------------------------------------------------------ 28. Execpro Services Fourth of July Fireworks ------------------------------------------------------------------------ Sponsor........................... Execpro Services Inc. Event Description................. Fireworks Display. Date.............................. Week of July 4th. Location.......................... Off-shore from Incline Village, NV. 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. ------------------------------------------------------------------------ 29. Monte Foundation Fireworks, Lake Tahoe ------------------------------------------------------------------------ Sponsor........................... Monte Foundation. Event Description................. Fireworks Display. Date.............................. Week of Labor Day. Location.......................... Carnelian Bay, Lake Tahoe, CA. 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. ------------------------------------------------------------------------ 30. Sausalito Lighted Boat Parade Fireworks ------------------------------------------------------------------------ Sponsor........................... Various Sponsors. Event Description................. Fireworks Display. Date.............................. A Saturday or Sunday in December. Location.......................... Off-shore from Sausalito Point, Sausalito, CA. 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. ------------------------------------------------------------------------ Dated: March 9, 2017. Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the Port of San Francisco. [FR Doc. 2017-06287 Filed 3-29-17; 8:45 am] BILLING CODE 9110-04-P
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DEPARTMENT OF HOMELAND III. Legal Authority and Need for Rule Executive orders, and we discuss First
SECURITY Amendment rights of protestors.
The Coast Guard is issuing this rule
Coast Guard under authority in 33 U.S.C. 1231. The A. Regulatory Planning and Review
Captain of the Port San Francisco E.O.s 12866 (‘‘Regulatory Planning
33 CFR Part 165 (COTP) has determined that potential and Review’’) and 13563 (‘‘Improving
hazards associated with the current Regulation and Regulatory Review’’)
[Docket Number USCG–2016–0836] outdated fireworks events, if not direct agencies to assess the costs and
RIN 1625–AA00 updated, pose safety concerns for event benefits of available regulatory
crew, spectators, participants of the alternatives and, if regulation is
Safety Zones; San Francisco, CA event, participating vessels, and other necessary, to select regulatory
AGENCY: Coast Guard, DHS. users and vessels of the waterway. One approaches that maximize net benefits
of the published annual fireworks including potential economic,
ACTION: Final rule.
events that requires safety zones does environmental, public health and safety
SUMMARY: The Coast Guard is adding, not currently reflect the accurate effects, distributive impacts, and equity.
amending, and deleting several location of the respective display sites. E.O. 13563 emphasizes the importance
permanent safety zones located in the Three annual fireworks events that of quantifying both costs and benefits, of
Captain of the Port San Francisco zone require safety zones are not published in reducing costs, of harmonizing rules,
that are established to protect public 33 CFR 165.1191 and one published and of promoting flexibility. Executive
safety during annual firework displays. fireworks event has not occurred since Order 13771 (‘‘Reducing Regulation and
These changes will update listed events 2009. Safety zones which accurately Controlling Regulatory Costs’’), directs
to accurately reflect the firework display reflect the location of each event are agencies to reduce regulation and
locations. This regulation prohibits the necessary to provide for the safety of the control regulatory costs and provides
movement of vessels within the crew, spectators, participants of the that ‘‘for every one new regulation
established firework display areas event, participating vessels, and other issued, at least two prior regulations be
unless authorized by the Captain of the users and vessels of the waterway from identified for elimination, and that the
Port (COTP) San Francisco or a the hazards associated with firework cost of planned regulations be prudently
designated representative. displays. The effect of these proposed managed and controlled through a
DATES: This rule is effective May 1, safety zones will be to restrict general budgeting process.’’
2017. navigation in the vicinity of the events, The Office of Management and Budget
from the start of each event until the (OMB) has not designated this rule a
ADDRESSES: To view documents
conclusion of that event. Except for the significant regulatory action under
mentioned in this preamble as being
persons or vessels authorized by the section 3(f) of Executive Order 12866.
available in the docket, go to http://
COTP San Francisco or a designated Accordingly, the Office of Management
www.regulations.gov, type USCG–2016–
representative, no person or vessel may and Budget (OMB) has not reviewed it.
0836 in the ‘‘SEARCH’’ box and click As this rule is not a significant
‘‘SEARCH.’’ Click on Open Docket enter or remain in the regulated area.
These regulations are needed to keep regulatory action, this rule is exempt
Folder on the line associated with this
spectators and vessels a safe distance from the requirements of Executive
rule.
away from the fireworks displays to Order 13771. See OMB’s Memorandum
FOR FURTHER INFORMATION CONTACT: If titled ‘‘Interim Guidance Implementing
ensure the safety of participants,
you have questions on this rule, call or Section 2 of the Executive Order of
spectators, and transiting vessels.
email Lieutenant Junior Grade Christina January 30, 2017 titled ‘Reducing
Ramirez, U.S. Coast Guard Sector San IV. Discussion of Comments, Changes, Regulation and Controlling Regulatory
Francisco; telephone 415–399–2001, and the Rule Costs’ ’’ (February 2, 2017).
email D11-PF-MarineEvents@uscg.mil. This regulatory action determination
As noted above, we received no
SUPPLEMENTARY INFORMATION: is based on the size, location, duration,
adverse comments on our NPRM
I. Table of Abbreviations published on January 18, 2017. We and time-of-day of each safety zone.
received one comment supporting the Vessel traffic would be able to safely
CFR Code of Federal Regulations transit around each safety zone which
COTP Captain of the Port Coast Guard’s efforts to safeguard
vessels. There are no changes in the would impact a small designated area of
DHS Department of Homeland Security
FR Federal Register regulatory text of this rule from the the COTP San Francisco zone for less
NPRM Notice of proposed rulemaking proposed rule in the NPRM. than 1 hour during the evening when
§ Section vessel traffic is normally low. Moreover,
U.S.C. United States Code This rule amends Table 1 in § 1191 to the Coast Guard would issue a Local
update one event to reflect the current Notice to Mariner and Broadcast Notice
II. Background Information and event location, delete one event to Mariners via VHF–FM marine
Regulatory History fireworks event which has not occurred channel 16 about the zone, and the rule
On January 18, 2017 we published a since 2009, and permanently publish would allow vessels to seek permission
notice of proposed rulemaking (NPRM) three annual events. These events are to enter the zones.
entitled Safety Zones; San Francisco, listed numerically in Table 1 of this
CA, in the Federal Register (83 FR section: Respectively items (9), (2), and B. Impact on Small Entities
5482). There we stated why we issued the addition of (28), (29), and (30). The Regulatory Flexibility Act of
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the NPRM, and invited comments on V. Regulatory Analyses 1980, 5 U.S.C. 601–612, as amended,
our proposed regulatory action related requires Federal agencies to consider
to the amended fireworks safety zones. We developed this rule after the potential impact of regulations on
We received no adverse comments on considering numerous statutes and small entities during rulemaking. The
the NPRM nor did we receive a request Executive orders related to rulemaking. term ‘‘small entities’’ comprises small
for public meeting. A public meeting Below we summarize our analyses businesses, not-for-profit organizations
was not held. based on a number of these statutes and that are independently owned and
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![15636 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Rules and Regulations
operated and are not dominant in their various levels of government. We have a fireworks barge. Normally such
fields, and governmental jurisdictions analyzed this rule under that Order and actions are categorically excluded from
with populations of less than 50,000. have determined that it is consistent further review under paragraph 34(g) of
The Coast Guard certifies under 5 U.S.C. with the fundamental federalism Figure 2–1 of Commandant Instruction
605(b) that this rule will not have a principles and preemption requirements M16475.lD. A preliminary
significant economic impact on a described in Executive Order 13132. environmental analysis checklist and
substantial number of small entities. Also, this rule does not have tribal Categorical Exclusion Determination are
While some owners or operators of implications under Executive Order available in the docket where indicated
vessels intending to transit the safety 13175, Consultation and Coordination under ADDRESSES. We seek any
zone may be small entities, for the with Indian Tribal Governments, comments or information that may lead
reasons stated in section V.A above this because it would not have a substantial to the discovery of a significant
rule will not have a significant direct effect on one or more Indian environmental impact from this rule.
economic impact on any vessel owner tribes, on the relationship between the
or operator. Federal Government and Indian tribes, G. Protest Activities
If you think that your business, or on the distribution of power and The Coast Guard respects the First
organization, or governmental responsibilities between the Federal Amendment rights of protesters.
jurisdiction qualifies as a small entity Government and Indian tribes. If you Protesters are asked to contact the
and that this rule would have a believe this rule has implications for person listed in the FOR FURTHER
significant economic impact on it, federalism or Indian tribes, please INFORMATION CONTACT section to
please submit a comment (see contact the person listed in the FOR coordinate protest activities so that your
ADDRESSES) explaining why you think it FURTHER INFORMATION CONTACT section. message can be received without
qualifies and how and to what degree E. Unfunded Mandates Reform Act jeopardizing the safety or security of
this rule would economically affect it. people, places, or vessels.
Under section 213(a) of the Small The Unfunded Mandates Reform Act
Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires List of Subjects in 33 CFR Part 165
Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of
their discretionary regulatory actions. In Harbors, Marine safety, Navigation
we want to assist small entities in (water), Reporting and recordkeeping
understanding this rule. If the rule particular, the Act addresses actions
that may result in the expenditure by a requirements, Security measures,
would affect your small business, Waterways.
organization, or governmental State, local, or tribal government, in the
jurisdiction and you have questions aggregate, or by the private sector of For the reasons discussed in the
concerning its provisions or options for $100,000,000 (adjusted for inflation) or preamble, the Coast Guard amends 33
compliance, please contact the person more in any one year. Though this rule CFR part 165 as follows:
listed in the FOR FURTHER INFORMATION will not result in such an expenditure,
we do discuss the effects of this rule PART 165—REGULATED NAVIGATION
CONTACT section. The Coast Guard will
elsewhere in this preamble. AREAS AND LIMITED ACCESS AREAS
not retaliate against small entities that
question or complain about this rule or F. Environment ■ 1. The authority citation for part 165
any policy or action of the Coast Guard.
We have analyzed this rule under continues to read as follows:
C. Collection of Information Department of Homeland Security Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
This rule will not call for a new Management Directive 023–01 and 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
collection of information under the Commandant Instruction M16475.lD, Department of Homeland Security Delegation
Paperwork Reduction Act of 1995 (44 which guide the Coast Guard in No. 0170.1.
U.S.C. 3501–3520). complying with the National ■ 2. In § 165.1191, in Table 1 to
Environmental Policy Act of 1969 (42 § 165.1191, remove and reserve item 2,
D. Federalism and Indian Tribal U.S.C. 4321–4370f), and have made a
Governments revise item 9, and add items 28, 29, and
preliminary determination that this 30 to read as follows:
A rule has implications for federalism action is one of a category of actions that
under Executive Order 13132, do not individually or cumulatively § 165.1191 Northern California and Lake
Federalism, if it has a substantial direct have a significant effect on the human Tahoe Area Annual Fireworks Events.
effect on the States, on the relationship environment. This rule involves a safety * * * * *
between the national government and zones lasting less than 1 hour that
the States, or on the distribution of would prohibit entry within a radial Table 1 to § 165.1191
power and responsibilities among the distance of no more than 1,000 feet of * * * * *
* * * * * * *
2. [Reserved]
* * * * * * *
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9. Fourth of July Fireworks, City of Richmond
Sponsor ........................................... Various Sponsors.
Event Description ............................ Fireworks Display.
Date ................................................. Week of July 4th.
Location ........................................... A barge located in Richmond Harbor in approximate position 37°54′40″ N., 122°21′05″ W., Richmond, CA.
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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 560-foot radius upon commencement of the fireworks display.
* * * * * * *
28. Execpro Services Fourth of July Fireworks
Sponsor ........................................... Execpro Services Inc.
Event Description ............................ Fireworks Display.
Date ................................................. Week of July 4th.
Location ........................................... Off-shore from Incline Village, NV.
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.
29. Monte Foundation Fireworks, Lake Tahoe
Sponsor ........................................... Monte Foundation.
Event Description ............................ Fireworks Display.
Date ................................................. Week of Labor Day.
Location ........................................... Carnelian Bay, Lake Tahoe, CA.
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.
30. Sausalito Lighted Boat Parade Fireworks
Sponsor ........................................... Various Sponsors.
Event Description ............................ Fireworks Display.
Date ................................................. A Saturday or Sunday in December.
Location ........................................... Off-shore from Sausalito Point, Sausalito, CA.
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.
Dated: March 9, 2017. coordinates to facilitate quick the authority to restrict access to the
Anthony J. Ceraolo, geographic recognition. Tyndall AFB is shoreline of Tyndall AFB if needed to
Captain, U.S. Coast Guard, Captain of the surrounded on three sides by water with respond to a security threat. The
Port of San Francisco. approximately 129 miles of unprotected purpose of this regulatory action is to
[FR Doc. 2017–06287 Filed 3–29–17; 8:45 am] coastline. This includes several areas establish a restricted area in the waters
BILLING CODE 9110–04–P where the lack of security or lack of surrounding portions of Tyndall AFB
restriction on access to these areas that will only be activated on a
leaves Tyndall AFB personnel and temporary basis in response to specific
DEPARTMENT OF DEFENSE resources vulnerable to security threats. and credible security threats.
This amendment is necessary to Additionally this amendment provides
Department of the Army, Corps of implement an enhanced threat security an administrative correction to the
Engineers plan for Tyndall AFB which will allow existing regulation at 33 CFR 334.660.
temporary activation of one or more The Corps’ authority to establish the
33 CFR Part 334 portions of the restricted area as restricted area is Section 7 of the Rivers
necessary to provide the appropriate and Harbors Act of 1917 (40 Stat 266;
Gulf of Mexico, Apalachicola Bay, East level of security required to address the 33 U.S.C. 1) and Chapter XIX of the
Bay, St. Andrew Bay and St. Andrew specific and credible threat triggering Army Appropriations Act of 1919 (40
Sound at Tyndall Air Force Base, the need for activation. Stat. 892; 33 U.S.C. 3).
Florida; Restricted Areas DATES: Effective: May 1, 2017.
Background
AGENCY: U.S. Army Corps of Engineers, ADDRESSES: U.S. Army Corps of
DoD. Engineers, Attn: CECW–CO (David B. Pursuant to its authorities in Section
ACTION: Final rule. Olson), 441 G Street NW., Washington, 7 of the Rivers and Harbors Act of 1917
DC 20314–1000. (40 Stat 266; 33 U.S.C. 1) and Chapter
SUMMARY: The U.S. Army Corps of FOR FURTHER INFORMATION CONTACT: Mr. XIX of the Army Appropriations Act of
Engineers (Corps) is amending its David Olson, Headquarters, Operations 1919 (40 Stat 892; 33 U.S.C. 3) the Corps
regulations by revising an existing and Regulatory Community of Practice, is amending the regulations at 33 CFR
restricted area regulation and Washington, DC at 202–761–4922 or Mr. part 334 by adding § 334.665 and
establishing a new restricted area along Ed Sarfert, U.S. Army Corps of revising § 334.660. Adding § 334.665
portions of the Tyndall Air Force Base Engineers, Jacksonville District, will establish a restricted area in the
(AFB) facility shoreline that will be Regulatory Division, at 850–439–9533. waters surrounding Tyndall AFB. This
activated on a temporary basis. The SUPPLEMENTARY INFORMATION: amendment will allow the Installation
jstallworth on DSK7TPTVN1PROD with RULES
duration of temporary restricted area Commander, Tyndall AFB to
activations will be limited to those Executive Summary temporarily restrict the passage of
periods where it is warranted or External reviews of security at persons, watercraft, and vessels in
required by specific and credible Tyndall AFB identified the lack of waters contiguous to this facility when
security threats and will be inactive at jurisdiction to respond to threats from a specific and credible security threat is
all other times. The restricted area will the waterways as a major weakness. identified, providing greater security for
be partitioned using 23 pairs of Tyndall AFB does not currently have personnel and equipment during those
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Document Created: 2017-03-30 01:35:43
Document Modified: 2017-03-30 01:35:43
| 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 May 1, 2017. | |
| Contact | If you have questions on this rule, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-2001, email D11-PF- [email protected] | |
| FR Citation | 82 FR 15635 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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