82 FR 28999 - Safety Zone: City of Benicia Independence Day Fireworks Display, Benicia, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 122 (June 27, 2017)
Coast Guard
Federal Register Volume 82, Issue 122 (June 27, 2017)
| Page Range | 28999-29001 | |
| FR Document | 2017-13430 |
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)] [Rules and Regulations] [Pages 28999-29001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13430] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2017-0323] RIN 1625-AA00 Safety Zone: City of Benicia Independence Day Fireworks Display, Benicia, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters of the Carquinez Strait near Benicia, CA, in support of the City of Benicia Independence Day Fireworks Display on July 4, 2017. 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 on July 4, 2017. This rule will be enforced from 8 a.m. to 10:30 p.m. on July 4, 2017. ADDRESSES: Documents mentioned in this preamble are part of docket USCG-2017-0323. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-2001 or email at [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations APA Adminstrative Procedure Act COTP Captain of the Port DHS Department of Homeland Security FR Federal Register COTP Captain of the Port NEPA National Environmental Policy Act of 1969 NOAA National Oceanic and Atmospheric Administration PATCOM Patrol Commander RFA Regulatory Flexibility Act of 1980 TFR Temporary Final Rule [[Page 29000]] II. Background Information and Regulatory History The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a NPRM. Publishing a NPRM would be impractical due to the date of the event. 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. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zone. The City of Benicia is sponsoring a fireworks display on July 4, 2017, in Benicia, CA, in approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83) as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18652. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 8 a.m. until 4 p.m. on July 4, 2017, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of its transit to the display location. From 5:30 p.m. until 9 p.m. on July 4, 2017, the loaded fireworks barge will transit from Pier 50 to the launch site near Benicia, CA, in approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83), where it will remain until the commencement of the fireworks display. Upon the commencement of the 20-minute fireworks display, at approximately 9:30 p.m. on July 4, 2017, the safety zone will expand to encompass the navigable waters within 420 feet of approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83). This restricted area around the fireworks barge is necessary to protect spectators, vessels, and other property from the hazards associated with pyrotechnics. IV. Discussion of the Final Rule The proposed safety zone will encompass the navigable waters around the barge near Benicia, CA. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 8 a.m. until 4 p.m. on July 4, 2017, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of its transit to the display location. From 5:30 p.m. until 9 p.m. on July 4, 2017, the loaded fireworks barge will transit from Pier 50 to the launch site near Benicia, CA, in approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83), where it will remain until the commencement of the fireworks display. Upon the commencement of the 20-minute fireworks display, at approximately 9:30 p.m. on July 4, 2017, the safety zone will expand to encompass the navigable waters within a radius of 420 feet of approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83). The safety zone shall terminate at 10:30 p.m. on July 4, 2017. The effect of the temporary safety zone will be to restrict navigation in the vicinity of the launch site until the conclusion of the scheduled display. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. These regulations are needed to keep spectators and vessels away from the immediate vicinity of the launch site to ensure the safety of participants, spectators, and transiting vessels. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders 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 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 Local Notice to Mariners to ensure the safety zone will result in minimum impact. The entities most likely to be affected are waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule may affect owners and operators of waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone would be activated, and thus subject to enforcement, for a limited duration. When the safety zone is activated, vessel traffic could pass safely around the safety zone. The maritime public will be advised in advance of this safety zone via Local 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 [[Page 29001]] compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Tribal Governments A rule has implications for federalism under 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. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone of limited size and duration. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration for categorically excluded actions is 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, and 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-T11-849 to read as follows: Sec. 165-T11-849 Safety Zone; City of Benicia Independence Day Fireworks Display, Benicia, CA. (a) Location. This safety zone is established in the navigable waters of the Carquinez Strait near Benicia, CA, as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18652. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 8 a.m. until 4 p.m. on July 4, 2017, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of its transit to the display location. From 5:30 p.m. until 9 p.m. on July 4, 2017, the loaded fireworks barge will transit from Pier 50 to the launch site near Benicia, CA, in approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83), where it will remain until the commencement of the fireworks display. Upon the commencement of the 20- minute fireworks display, at approximately 9:30 p.m. on July 4, 2017, the safety zone will expand to encompass the navigable waters within 420 feet of approximate position 38[deg]02'49'' N. 122[deg]10'02'' W. (NAD 83). (b) Enforcement period. The safety zone described in paragraph (a) of this section will be enforced from 8 a.m. to 10:30 p.m. on July 4, 2017. 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 33 CFR 165.7. (c) Definitions. As used in this section, ``designated representative'' means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated to assist in the enforcement of the safety zone. (d) Regulations. (1) Under the general regulations in 33 CFR part 165, subpart C, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone may contact the Patrol Commander (PATCOM) on VHF-23A or through the 24-hour Command Center at telephone (415) 399-3547. Dated: May 25, 2017. Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2017-13430 Filed 6-26-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations 28999
preemption requirements described in person listed in the FOR FURTHER DEPARTMENT OF HOMELAND
E.O. 13132. INFORMATION CONTACT section to SECURITY
Also, this rule does not have tribal coordinate protest activities so that your
implications under E.O. 13175, message can be received without Coast Guard
Consultation and Coordination with jeopardizing the safety or security of
Indian Tribal Governments, because it people, places, or vessels. 33 CFR Part 165
will not have a substantial direct effect
on one or more Indian tribes, on the List of Subjects in 33 CFR Part 165
[Docket No. USCG–2017–0323]
relationship between the Federal Harbors, Marine safety, Navigation
Government and Indian tribes, or on the (water), Reporting and recordkeeping RIN 1625–AA00
distribution of power and requirements, Security measures,
responsibilities between the Federal Waterways. Safety Zone: City of Benicia
Government and Indian tribes. If you Independence Day Fireworks Display,
For the reasons discussed in the
believe this rule has implications for Benicia, CA
preamble, the Coast Guard amends 33
federalism or Indian tribes, please
CFR part 165 as follows:
contact the person listed in the FOR AGENCY: Coast Guard, DHS.
FURTHER INFORMATION CONTACT section. PART 165—REGULATED NAVIGATION ACTION: Temporary final rule.
E. Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS
SUMMARY: The Coast Guard is
The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 establishing a temporary safety zone in
of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: the navigable waters of the Carquinez
Federal agencies to assess the effects of Strait near Benicia, CA, in support of
their discretionary regulatory actions. In 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; the City of Benicia Independence Day
particular, the Act addresses actions Fireworks Display on July 4, 2017. This
Department of Homeland Security Delegation
that may result in the expenditure by a No. 0170.1. safety zone is established to ensure the
State, local, or tribal government, in the safety of mariners and spectators from
aggregate, or by the private sector of ■ 2. Add temporary § 165.T08–0514 to
the dangers associated with the
$100,000,000 (adjusted for inflation) or read as follows:
pyrotechnics. Unauthorized persons or
more in any one year. Though this rule vessels are prohibited from entering
§ 165.T08–0514 Safety Zone; Verdigris
will not result in such expenditure, we River, Catoosa, OK. into, transiting through, or remaining in
do discuss the effects of this rule the safety zone without permission of
elsewhere in this preamble. (a) Location. The following area is a
safety zone: All navigable waters of the the Captain of the Port or their
F. Environment Verdigris River from mile marker 444.0 designated representative.
We have analyzed this proposed rule to mile marker 444.5 in the vicinity of DATES: This rule is effective on July 4,
under Department of Homeland the left descending bank of the Verdigris 2017. This rule will be enforced from 8
Security Management Directive 023–01 River at mile marker 444.2, a.m. to 10:30 p.m. on July 4, 2017.
and Commandant Instruction approximately 500 yards downriver of ADDRESSES: Documents mentioned in
M16475.lD, which guide the Coast the State Route 66 bridge in Catoosa, OK this preamble are part of docket USCG–
Guard in complying with the National at approximate position 36°12.8′ N., 2017–0323. To view documents
Environmental Policy Act of 1969 (42 095°43.0′ W. mentioned in this preamble as being
U.S.C. 4321–4370f), and have made a (b) Effective date. The safety zone will available in the docket, go to http://
preliminary determination that this be in effect from 9:30 p.m. until 10 p.m. www.regulations.gov, type the docket
action is one of a category of actions that on July 1, 2017. number in the ‘‘SEARCH’’ box and click
do not individually or cumulatively (c) Regulations. (1) In accordance with ‘‘SEARCH.’’ Click on Open Docket
have a significant effect on the human the general regulations in § 165.23 of Folder on the line associated with this
environment. This rule involves a safety this part, entry into this zone is rulemaking.
zone that will prohibit entry into the prohibited unless specifically
FOR FURTHER INFORMATION CONTACT: If
zone unless authorized by the COTP or authorized by the Captain of the Port
you have questions on this rule, call or
a designated representative lasting 30 Memphis (COTP) or a designated
email Lieutenant Junior Grade Christina
minutes on one half mile of the representative.
Ramirez, U.S. Coast Guard Sector San
Verdigris River located just downriver (2) Any vessel desiring to enter this Francisco; telephone (415) 399–2001 or
of the State Route 66 Bridge in Catoosa, safety zone must first obtain permission email at D11-PF-MarineEvents@
OK. It is categorically excluded from from the COPT or a designated uscg.mil.
further review under paragraph L60 of representative, who may be contacted
Appendix A of the Commandant on VHF–FM Channel 16 or by telephone SUPPLEMENTARY INFORMATION:
Instruction. A Record of Environmental at 866–777–2784. I. Table of Abbreviations
Consideration (REC) supporting this (d) Informational broadcasts. The
determination is available in the docket COTP or a designated representative APA Adminstrative Procedure Act
where indicated under ADDRESSES. We will inform the public through COTP Captain of the Port
seek any comments or information that DHS Department of Homeland Security
broadcast notices to mariners of the FR Federal Register
may lead to the discovery of a enforcement periods for the safety zone.
pmangrum on DSK3GDR082PROD with RULES
COTP Captain of the Port
significant environmental impact from NEPA National Environmental Policy Act
Dated: June 13, 2017.
this proposed rule. of 1969
T.J. Wendt,
G. Protest Activities NOAA National Oceanic and Atmospheric
Captain, U.S. Coast Guard, Captain of the Administration
The Coast Guard respects the First Port, Memphis, Tennessee. PATCOM Patrol Commander
Amendment rights of protesters. [FR Doc. 2017–13428 Filed 6–26–17; 8:45 am] RFA Regulatory Flexibility Act of 1980
Protesters are asked to contact the BILLING CODE 9110–04–P TFR Temporary Final Rule
VerDate Sep<11>2014 15:07 Jun 26, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1](https://thefederalregister.org/doc/82_FR_29121/page/1.svg)
![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations 29001
compliance with, Federal regulations to Management Directive 023–01 and feet. From 8 a.m. until 4 p.m. on July 4,
the Small Business and Agriculture Commandant Instruction M16475.lD, 2017, the fireworks barge will be
Regulatory Enforcement Ombudsman which guide the Coast Guard in loading at Pier 50 in San Francisco, CA.
and the Regional Small Business complying with the National The fireworks barge will remain at Pier
Regulatory Fairness Boards. The Environmental Policy Act of 1969 50 until the start of its transit to the
Ombudsman evaluates these actions (NEPA)(42 U.S.C. 4321–4370f), and display location. From 5:30 p.m. until 9
annually and rates each agency’s have determined that this action is one p.m. on July 4, 2017, the loaded
responsiveness to small business. If you of a category of actions that do not fireworks barge will transit from Pier 50
wish to comment on actions by individually or cumulatively have a to the launch site near Benicia, CA, in
employees of the Coast Guard, call 1– significant effect on the human approximate position 38°02′49″ N.
888–REG–FAIR (1–888–734–3247). The environment. This rule involves a safety 122°10′02″ W. (NAD 83), where it will
Coast Guard will not retaliate against zone of limited size and duration. This remain until the commencement of the
small entities that question or complain rule is categorically excluded from fireworks display. Upon the
about this rule or any policy or action further review under paragraph 34(g) of commencement of the 20-minute
of the Coast Guard. Figure 2–1 of the Commandant fireworks display, at approximately 9:30
Instruction. A Record of Environmental p.m. on July 4, 2017, the safety zone
C. Collection of Information
Consideration for categorically excluded will expand to encompass the navigable
This rule will not call for a new actions is available in the docket where waters within 420 feet of approximate
collection of information under the indicated under ADDRESSES. We seek position 38°02′49″ N. 122°10′02″ W.
Paperwork Reduction Act of 1995 (44 any comments or information that may (NAD 83).
U.S.C. 3501–3520). lead to the discovery of a significant (b) Enforcement period. The safety
D. Federalism and Tribal Governments environmental impact from this rule. zone described in paragraph (a) of this
section will be enforced from 8 a.m. to
A rule has implications for federalism G. Protest Activities 10:30 p.m. on July 4, 2017. The Captain
under Executive Order 13132, The Coast Guard respects the First of the Port San Francisco (COTP) will
Federalism, if it has a substantial direct Amendment rights of protesters. notify the maritime community of
effect on the States, on the relationship Protesters are asked to contact the periods during which this zone will be
between the national government and person listed in the FOR FURTHER enforced via Broadcast Notice to
the States, or on the distribution of INFORMATION CONTACT section to Mariners in accordance with 33 CFR
power and responsibilities among the coordinate protest activities so that your 165.7.
various levels of government. We have message can be received without (c) Definitions. As used in this
analyzed this rule under that Order and jeopardizing the safety or security of section, ‘‘designated representative’’
determined that this rule does not have people, places or vessels. means a Coast Guard Patrol
implications for federalism. Commander, including a Coast Guard
Also, this rule does not have tribal List of Subjects in 33 CFR Part 165
coxswain, petty officer, or other officer
implications under Executive Order Harbors, Marine safety, Navigation on a Coast Guard vessel or a Federal,
13175, Consultation and Coordination (water), Reporting and recordkeeping State, or local officer designated to assist
with Indian Tribal Governments, requirements, Security measures, and in the enforcement of the safety zone.
because it does not have a substantial Waterways. (d) Regulations. (1) Under the general
direct effect on one or more Indian For the reasons discussed in the regulations in 33 CFR part 165, subpart
tribes, on the relationship between the preamble, the Coast Guard amends 33 C, entry into, transiting or anchoring
Federal Government and Indian tribes, CFR part 165 as follows: within this safety zone is prohibited
or on the distribution of power and unless authorized by the COTP or a
responsibilities between the Federal PART 165—REGULATED NAVIGATION designated representative.
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS (2) The safety zone is closed to all
believe this rule has implications for vessel traffic, except as may be
federalism or Indian tribes, please ■ 1. The authority citation for part 165 permitted by the COTP or a designated
contact the person listed in the FOR continues to read as follows: representative.
FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191; (3) Vessel operators desiring to enter
above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; or operate within the safety zone must
Department of Homeland Security Delegation contact the COTP or a designated
E. Unfunded Mandates Reform Act No. 0170.1. representative to obtain permission to
The Unfunded Mandates Reform Act ■ 2. Add § 165–T11–849 to read as do so. Vessel operators given permission
of 1995 (2 U.S.C. 1531–1538) requires follows: to enter or operate in the safety zone
Federal agencies to assess the effects of must comply with all directions given to
their discretionary regulatory actions. In § 165–T11–849 Safety Zone; City of them by the COTP or a designated
particular, the Act addresses actions Benicia Independence Day Fireworks
representative. Persons and vessels may
that may result in the expenditure by a Display, Benicia, CA.
request permission to enter the safety
State, local, or tribal government, in the (a) Location. This safety zone is zone may contact the Patrol Commander
aggregate, or by the private sector of established in the navigable waters of (PATCOM) on VHF–23A or through the
$100,000,000 (adjusted for inflation) or the Carquinez Strait near Benicia, CA, as 24-hour Command Center at telephone
more in any one year. Though this rule depicted in National Oceanic and (415) 399–3547.
pmangrum on DSK3GDR082PROD with RULES
will not result in such an expenditure, Atmospheric Administration (NOAA)
Chart 18652. During the loading, transit, Dated: May 25, 2017.
we do discuss the effects of this rule
elsewhere in this preamble. and arrival of the fireworks barge and Anthony J. Ceraolo,
until the start of the fireworks display, Captain, U.S. Coast Guard, Captain of the
F. Environment the temporary safety zone applies to the Port, San Francisco.
We have analyzed this rule under navigable waters around and under the [FR Doc. 2017–13430 Filed 6–26–17; 8:45 am]
Department of Homeland Security fireworks barge within a radius of 100 BILLING CODE 9110–04–P
VerDate Sep<11>2014 15:07 Jun 26, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 9990 E:\FR\FM\27JNR1.SGM 27JNR1](https://thefederalregister.org/doc/82_FR_29121/page/3.svg)
Document Created: 2018-11-14 10:15:14
Document Modified: 2018-11-14 10:15:14
| 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 | Temporary final rule. | |
| Dates | This rule is effective on July 4, 2017. This rule will be enforced from 8 a.m. to 10:30 p.m. on July 4, 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 or email at D11- [email protected] | |
| FR Citation | 82 FR 28999 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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