82 FR 29397 - Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port Zone.
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 124 (June 29, 2017)
Coast Guard
Federal Register Volume 82, Issue 124 (June 29, 2017)
| Page Range | 29397-29398 | |
| FR Document | 2017-13649 |
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)] [Rules and Regulations] [Pages 29397-29398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13649] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2017-0531] Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port Zone. AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce a safety zone for the San Diego, CA POPS Fireworks Display on the waters of San Diego Bay, CA on specific evenings from June 30, 2017 to September 3, 2017. This safety zone is necessary to provide for the safety of the participants, spectators, official vessels of the events, and general users of the waterway. Our regulation for the Southern California Annual Firework Events for the San Diego Captain of the Port Zone identifies the regulated area for the events. During the enforcement period, no spectators shall anchor, block, loiter in, or impede the transit of official patrol vessels in the regulated area without the approval of the Captain of the Port, or designated representative. DATES: The regulations in 33 CFR 165.1123, Table 1, Item 1 will be enforced from 9 p.m. through 10 p.m. on June 30 through July 2, July 7 and July 8, July 14 and July 15, July 28, August 4 and August 5, August 18 and August 19, August 25 and August 26, and September 1 through September 3, 2017 for Item 1 in Table 1 of 33 CFR 165.1123. FOR FURTHER INFORMATION CONTACT: If you have questions on this publication, call or email LT Robert Cole, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-7656, email D11MarineEventsSD@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations in 33 CFR 165.1123 for a safety zone on the waters of San Diego Bay, CA for the San Diego, CA POPS Fireworks Display in 33 CFR 165.1123, Table 1, Item 1 of that section, from 9 p.m. through 10 p.m. on specific evenings from June 30, 2017 to September 3, 2017. This action is being taken to provide for the safety of life on navigable waterways during the fireworks events. Our regulation for Southern California Annual Firework Events for the San Diego Captain of the Port Zone identifies the regulated areas for the events. Under the provisions of [[Page 29398]] 33 CFR 165.1123, a vessel may not enter the regulated area, unless it receives permission from the Captain of the Port, or his designated representative. Spectator vessels may safely transit outside the regulated area but may not anchor, block, loiter, or impede the transit of participants or official patrol vessels. The Coast Guard may be assisted by other Federal, state, or local law enforcement agencies in enforcing this regulation. This document is issued under authority of 33 CFR 165.1123 and 5 U.S.C. 552 (a). In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners and local advertising by the event sponsor. If the Captain of the Port or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area. Dated: June 16, 2017. E.M. Cooper, Commander, U.S. Coast Guard, Acting Captain of the Port San Diego. [FR Doc. 2017-13649 Filed 6-28-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 29397
Commission’s rules or regulations, water used, diverted or withdrawn DEPARTMENT OF HOMELAND
orders, approvals, docket conditions, or during that time period. SECURITY
any other requirements of the (8) The punitive effect of a civil
Commission. Coast Guard
penalty.
(d) It shall be the duty of any person
to proceed diligently to comply with (b) The Commission and/or Executive 33 CFR Part 165
any order issued pursuant to this Director retains the right to waive any
[Docket No. USCG–2017–0531]
section. penalty or reduce the amount of the
(e) The Commission or Executive penalty recommended by the Safety Zone; Southern California
Director may enter into a Consent Order Commission staff under § 808.15(a)(3) Annual Firework Events for the San
and Agreement with an alleged violator should it be determined, after Diego Captain of the Port Zone.
to resolve non-compliant operations and consideration of the factors in paragraph
enforcement proceedings in conjunction (a) of this section, that extenuating AGENCY: Coast Guard, DHS.
with or separately from settlement circumstances justify such action. ACTION: Notice of enforcement of
agreements under § 808.18. regulation.
■ 23. Revise § 808.17 to read as follows:
■ 21. Revise § 808.15 to read as follows: SUMMARY: The Coast Guard will enforce
§ 808.17 Enforcement of penalties, a safety zone for the San Diego, CA
§ 808.15 Show cause proceeding. abatement or remedial orders. POPS Fireworks Display on the waters
(a) The Executive Director may issue of San Diego Bay, CA on specific
an order requiring an alleged violator to Any penalty imposed or abatement or
remedial action ordered by the evenings from June 30, 2017 to
show cause why a penalty should not be September 3, 2017. This safety zone is
assessed in accordance with the Commission or the Executive Director
shall be paid or completed within such necessary to provide for the safety of the
provisions of this chapter and section participants, spectators, official vessels
15.17 of the compact. The order to the time period as shall be specified in the
of the events, and general users of the
alleged violator shall: civil penalty assessment or order. The
waterway. Our regulation for the
(1) Specify the nature and duration of Executive Director and Commission
Southern California Annual Firework
violation(s) that is alleged to have counsel are authorized to take such Events for the San Diego Captain of the
occurred. additional action as may be necessary to Port Zone identifies the regulated area
(2) Set forth the date by which the assure compliance with this subpart. If for the events. During the enforcement
alleged violator must provide a written a proceeding before a court becomes period, no spectators shall anchor,
response to the order. necessary, the penalty amount block, loiter in, or impede the transit of
(3) Identify the civil penalty determined in accordance with this part official patrol vessels in the regulated
recommended by Commission staff. shall constitute the penalty amount area without the approval of the Captain
(b) The written response by the recommended by the Commission to be of the Port, or designated representative.
project sponsor should include the fixed by the court pursuant to section DATES: The regulations in 33 CFR
following: 15.17 of the compact.
(1) A statement whether the project 165.1123, Table 1, Item 1 will be
sponsor contests that the violations ■ 24. Revise § 808.18 to read as follows: enforced from 9 p.m. through 10 p.m. on
outlined in the Order occurred; June 30 through July 2, July 7 and July
(2) If the project sponsor contests the
§ 808.18 Settlement by agreement. 8, July 14 and July 15, July 28, August
violations, then a statement of the 4 and August 5, August 18 and August
(a) An alleged violator may offer to
relevant facts and/or law providing the 19, August 25 and August 26, and
settle an enforcement action by September 1 through September 3, 2017
basis for the project sponsor’s position; agreement. The Executive Director may
(3) Any mitigating factors or for Item 1 in Table 1 of 33 CFR
enter into settlement agreements to 165.1123.
explanation regarding the violations resolve an enforcement action. The
outlined in the Order; and FOR FURTHER INFORMATION CONTACT: If
Commission may, by Resolution, require
(4) A statement explaining what the certain types of enforcement actions or you have questions on this publication,
appropriate civil penalty, if any, should call or email LT Robert Cole, Waterways
settlements to be submitted to the
be utilizing the factors at § 808.16. Management, U.S. Coast Guard Sector
Commission for action or approval.
(c) Based on the information San Diego, CA; telephone 619–278–
presented and any relevant policies, (b) In the event the violator fails to 7656, email D11MarineEventsSD@
guidelines or law, the Executive carry out any of the terms of the uscg.mil.
Director shall make a written finding settlement agreement, the Commission SUPPLEMENTARY INFORMATION: The Coast
affirming or modifying the civil penalty or Executive Director may reinstitute a Guard will enforce the regulations in 33
recommended by Commission staff. civil penalty action and any other CFR 165.1123 for a safety zone on the
■ 22. Amend § 808.16 by revising applicable enforcement action against waters of San Diego Bay, CA for the San
paragraphs (a) introductory text and the alleged violator. Diego, CA POPS Fireworks Display in
(a)(7), adding paragraph (a)(8), and Dated: June 21, 2017. 33 CFR 165.1123, Table 1, Item 1 of that
revising paragraph (b) to read as follows: Stephanie L. Richardson, section, from 9 p.m. through 10 p.m. on
specific evenings from June 30, 2017 to
§ 808.16 Civil penalty criteria. Secretary to the Commission.
September 3, 2017. This action is being
(a) In determining the amount of any [FR Doc. 2017–13324 Filed 6–28–17; 8:45 am]
taken to provide for the safety of life on
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civil penalty or any settlement of a BILLING CODE 7040–01–P navigable waterways during the
violation, the Commission and fireworks events. Our regulation for
Executive Director shall consider: Southern California Annual Firework
* * * * * Events for the San Diego Captain of the
(7) The length of time over which the Port Zone identifies the regulated areas
violation occurred and the amount of for the events. Under the provisions of
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![29398 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
33 CFR 165.1123, a vessel may not enter permission of the Captain of the Port or III. Legal Authority and Need for Rule
the regulated area, unless it receives their designated representative. The legal basis for the proposed rule
permission from the Captain of the Port, DATES: This rule is effective on from is 33 U.S.C 1231; 50 U.S.C. 191, 195; 33
or his designated representative. July 3 to July 4, 2017. This rule will be CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Spectator vessels may safely transit enforced from 9 a.m. on July 3, 2017 Department of Homeland Security
outside the regulated area but may not through 10:30 p.m. on July 4, 2017. Delegation No. 0170.1, which
anchor, block, loiter, or impede the collectively authorize the Coast Guard
transit of participants or official patrol ADDRESSES: Documents mentioned in
this preamble are part of docket USCG– to establish safety zones.
vessels. The Coast Guard may be San Francisco Travel Association will
assisted by other Federal, state, or local 2017–0321. To view documents
mentioned in this preamble as being sponsor the San Francisco
law enforcement agencies in enforcing Independence Day Fireworks Display on
this regulation. available in the docket, go to http://
www.regulations.gov, type the docket July 4, 2017, near Aquatic Park in San
This document is issued under Francisco, CA in approximate positions
authority of 33 CFR 165.1123 and 5 number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket 37°48′49″ N., 122°24′46′ W. and
U.S.C. 552 (a). In addition to this 37°48′45″ N., 122°25′39″ W. (NAD83) as
document in the Federal Register, the Folder on the line associated with this
rulemaking. depicted in National Oceanic and
Coast Guard will provide the maritime Atmospheric Administration (NOAA)
community with advance notification of FOR FURTHER INFORMATION CONTACT: If Chart 18650.
this enforcement period via the Local you have questions on this rule, call or Loading of the pyrotechnics onto the
Notice to Mariners and local advertising email Lieutenant Junior Grade Christina fireworks barges is scheduled to take
by the event sponsor. Ramirez, U.S. Coast Guard Sector San place from 9 a.m. on July 3, 2017 until
If the Captain of the Port or his Francisco; telephone (415) 399–2001 or 5 p.m. on July 4, 2017, at Pier 50 in San
designated representative determines email at D11-PF-MarineEvents@ Francisco, CA. The fireworks barges will
that the regulated area need not be uscg.mil. remain at Pier 50 until their transit to
enforced for the full duration stated on the respective display locations. Towing
this document, he or she may use a SUPPLEMENTARY INFORMATION:
of the barges from Pier 50 to the display
Broadcast Notice to Mariners or other I. Table of Acronyms locations is scheduled to take place
communications coordinated with the from 7:30 p.m. until 8:15 p.m. on July
event sponsor to grant general COTP U.S. Coast Guard Captain on the
Port 4, 2017 where they will remain until the
permission to enter the regulated area. conclusion of the fireworks display.
DHS Department of Homeland Security
Dated: June 16, 2017. FR Federal Register
IV. Discussion of the Rule
E.M. Cooper, NPRM Notice of Proposed Rule Making
Commander, U.S. Coast Guard, Acting PATCOM U.S. Coast Guard Patrol The Coast Guard will enforce the San
Captain of the Port San Diego. Commander Francisco Independence Day Fireworks
APA Administrative Procedure Act Display safety zones from 9 a.m. on July
[FR Doc. 2017–13649 Filed 6–28–17; 8:45 am]
NOAA National Oceanic and 3, 2017 through 10:30 p.m. on July 4,
BILLING CODE 9110–04–P Atmospheric Administration
2017.
U.S.C. United States Code
These safety zones establish
DEPARTMENT OF HOMELAND II. Regulatory History and Information temporary restricted areas on the
SECURITY navigable waters within 100 feet of the
The Coast Guard is issuing this fireworks barges during the loading,
Coast Guard temporary final rule without prior transit, and arrival of the pyrotechnics
notice and opportunity to comment from the loading site to the display
33 CFR Part 165 pursuant to authority under section 4(a) launch locations and until 15 minutes
of the Administrative Procedure Act prior to the commencement of the
[Docket No. USCG–2017–0321] (APA) (5 U.S.C. 553(b)). This provision fireworks display. 15 minutes prior to
authorizes an agency to issue a rule the commencement of the fireworks
RIN 1625–AA00 without prior notice and opportunity to display, the safety zones will increase in
comment when the agency for good size and encompass the navigable
Safety Zone: San Francisco cause finds that those procedures are waters around the fireworks barges
Independence Day Fireworks Display, ‘‘impracticable, unnecessary, or contrary within a radius of 700 feet. The
San Francisco Bay, San Francisco, CA to the public interest.’’ fireworks display is meant for
AGENCY: Coast Guard, DHS. We did not publish a notice of entertainment purposes. These
proposed rulemaking (NPRM) for this restricted areas around the fireworks
ACTION: Temporary final rule.
regulation. Under 5 U.S.C. 553(b)(B), the barges are necessary to protect
SUMMARY: The Coast Guard is Coast Guard finds that good cause exists spectators, vessels, and other property
establishing temporary safety zones in for not publishing a NPRM. Publishing from the hazards associated with
the navigable waters of the San an NPRM would be impractical because pyrotechnics.
Francisco Bay near Aquatic Park in it must be in place by the date of the During the loading, transit, and until
support of the San Francisco Fourth of event, July 3, 2017. 15 minutes prior to the start of the
July Fireworks Display on July 4, 2017. Under 5 U.S.C. 553(d)(3), the Coast fireworks display, the safety zones
These safety zones are established to Guard finds that good cause exists for apply to the navigable waters around
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ensure the safety of participants and making this rule effective less than 30 and under the fireworks barges within a
spectators from the dangers associated days after publication in the Federal radius of 100 feet. At 9:15 p.m. on July
with pyrotechnics. Unauthorized Register. For these same reasons, the 4, 2017, 15 minutes prior to the
persons or vessels are prohibited from Coast Guard finds good cause for commencement of the 30-minute
entering into, transiting through, or implementing this rule less than thirty fireworks display, the safety zones will
remaining in the safety zones without days before the effective date. increase in size and encompass the
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Document Created: 2018-11-14 10:16:43
Document Modified: 2018-11-14 10:16:43
| 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 | Notice of enforcement of regulation. | |
| Dates | The regulations in 33 CFR 165.1123, Table 1, Item 1 will be enforced from 9 p.m. through 10 p.m. on June 30 through July 2, July 7 and July 8, July 14 and July 15, July 28, August 4 and August 5, August 18 and August 19, August 25 and August 26, and September 1 through September 3, 2017 for Item 1 in Table 1 of 33 CFR 165.1123. | |
| Contact | If you have questions on this publication, call or email LT Robert Cole, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-7656, email [email protected] | |
| FR Citation | 82 FR 29397 |
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