82 FR 29398 - Safety Zone: San Francisco Independence Day Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range		29398-29400
FR Document		2017-13652

The Coast Guard is establishing temporary safety zones in the navigable waters of the San Francisco Bay near Aquatic Park in support of the San Francisco Fourth of July Fireworks Display on July 4, 2017. These safety zones are established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)

[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29398-29400]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13652]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0321]
RIN 1625-AA00

Safety Zone: San Francisco Independence Day Fireworks Display,
San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of the San Francisco Bay near Aquatic Park in support
of the San Francisco Fourth of July Fireworks Display on July 4, 2017.
These safety zones are established to ensure the safety of participants
and spectators from the dangers associated with pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zones without permission
of the Captain of the Port or their designated representative.

DATES: This rule is effective on from July 3 to July 4, 2017. This rule
will be enforced from 9 a.m. on July 3, 2017 through 10:30 p.m. on July
4, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2017-0321. 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 D11-PF-MarineEvents@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rule Making
PATCOM U.S. Coast Guard Patrol Commander
APA Administrative Procedure Act
NOAA National Oceanic and Atmospheric Administration
U.S.C. United States Code

II. Regulatory History and Information

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 an NPRM would be
impractical because it must be in place by the date of the event, July
3, 2017.
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 legal basis for the proposed rule is 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, which collectively authorize the Coast
Guard to establish safety zones.
San Francisco Travel Association will sponsor the San Francisco
Independence Day Fireworks Display on July 4, 2017, near Aquatic Park
in San Francisco, CA in approximate positions 37[deg]48'49'' N.,
122[deg]24'46' W. and 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18650.
Loading of the pyrotechnics onto the fireworks barges is scheduled
to take place from 9 a.m. on July 3, 2017 until 5 p.m. on July 4, 2017,
at Pier 50 in San Francisco, CA. The fireworks barges will remain at
Pier 50 until their transit to the respective display locations. Towing
of the barges from Pier 50 to the display locations is scheduled to
take place from 7:30 p.m. until 8:15 p.m. on July 4, 2017 where they
will remain until the conclusion of the fireworks display.

IV. Discussion of the Rule

The Coast Guard will enforce the San Francisco Independence Day
Fireworks Display safety zones from 9 a.m. on July 3, 2017 through
10:30 p.m. on July 4, 2017.
These safety zones establish temporary restricted areas on the
navigable waters within 100 feet of the fireworks barges during the
loading, transit, and arrival of the pyrotechnics from the loading site
to the display launch locations and until 15 minutes prior to the
commencement of the fireworks display. 15 minutes prior to the
commencement of the fireworks display, the safety zones will increase
in size and encompass the navigable waters around the fireworks barges
within a radius of 700 feet. The fireworks display is meant for
entertainment purposes. These restricted areas around the fireworks
barges are necessary to protect spectators, vessels, and other property
from the hazards associated with pyrotechnics.
During the loading, transit, and until 15 minutes prior to the
start of the fireworks display, the safety zones apply to the navigable
waters around and under the fireworks barges within a radius of 100
feet. At 9:15 p.m. on July 4, 2017, 15 minutes prior to the
commencement of the 30-minute fireworks display, the safety zones will
increase in size and encompass the

[[Page 29399]]

navigable waters around and under the fireworks barges within a radius
of 700 feet and will be located off of Pier 39 in approximate position
37[deg]48'49'' N., 122[deg]24'46'' W. (NAD 83) and off Black Point in
approximate position 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD 83) for
the San Francisco Independence Day Fireworks Display. The safety zones
shall terminate at 10:30 p.m. on July 4, 2017.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the launch sites 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 areas. These regulations are needed to keep
spectators and vessels away from the immediate vicinity of the launch
sites 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 these statutes and executive orders.

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).
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zones
are limited in duration, and are limited to a narrowly tailored
geographic area. In addition, although this rule restricts access to
the waters encompassed by the safety zones, the effect of this rule
will not be significant because the local waterway users will be
notified via public Broadcast Notice to Mariners to ensure the safety
zones 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. These safety zones would not have a
significant economic impact on a substantial number of small entities
for the following reasons. These safety zones would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zones are activated, vessel traffic could pass safely around the safety
zones. The maritime public will be advised in advance of these safety
zones via Broadcast Notice to Mariners.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

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 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

[[Page 29400]]

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 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 safety zones lasting in a limited duration that will
prohibit entry within 700 feet of the pyrotechnic launch locations. It
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., 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.

0
2. Add Sec. 165.T11-850 to read as follows:

Sec. 165.T11-850 Safety Zone; San Francisco Independence Day
Fireworks Display, San Francisco Bay, San Francisco, CA.

(a) Location. These temporary safety zones are established in the
navigable waters of the San Francisco Bay near Aquatic Park in San
Francisco, CA, as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650. From 9 a.m. on July 3, 2017 until
9:15 p.m. on July 4, 2017, the temporary safety zones apply to the
nearest point of the fireworks barges within a radius of 100 feet
during the loading, transit, and arrival of the fireworks barges from
Pier 50 to the launch sites near Aquatic Park in approximate positions
37[deg]48'49'' N., 122[deg]24'46'' W. and 37[deg]48'45'' N.,
122[deg]25'39'' W. (NAD83). From 9:15 p.m. until 10:30 p.m. on July 4,
2017, the temporary safety zones will increase in size and encompass
the navigable waters around and under the fireworks barges in
approximate positions 37[deg]48'49'' N., 122[deg]24'46'' W. and
37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) within a radius of 700
feet.
(b) Enforcement period. The zones described in paragraph (a) of
this section will be enforced from 9 a.m. on July 3, 2017 until 10:30
p.m. on July 4, 2017. The Captain of the Port of San Francisco (COTP)
will notify the maritime community of periods during which these zones
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 by or assisting
the COTP in the enforcement of the safety zones.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within these safety
zones is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zones are 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
zones 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 zones 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 zones 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. 2017-13652 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 29399

navigable waters around and under the Section 2 of the Executive Order of who enforce, or otherwise determine
fireworks barges within a radius of 700 January 30, 2017 titled ‘Reducing compliance with, Federal regulations to
feet and will be located off of Pier 39 in Regulation and Controlling Regulatory the Small Business and Agriculture
approximate position 37°48′49″ N., Costs’ ’’ (February 2, 2017). Regulatory Enforcement Ombudsman
122°24′46″ W. (NAD 83) and off Black We expect the economic impact of and the Regional Small Business
Point in approximate position 37°48′45″ this rule will not rise to the level of Regulatory Fairness Boards. The
N., 122°25′39″ W. (NAD 83) for the San necessitating a full Regulatory Ombudsman evaluates these actions
Francisco Independence Day Fireworks Evaluation. The safety zones are limited annually and rates each agency’s
Display. The safety zones shall in duration, and are limited to a responsiveness to small business. If you
terminate at 10:30 p.m. on July 4, 2017. narrowly tailored geographic area. In wish to comment on actions by
The effect of the temporary safety addition, although this rule restricts employees of the Coast Guard, call 1–
zones will be to restrict navigation in access to the waters encompassed by the 888–REG–FAIR (1–888–734–3247). The
the vicinity of the launch sites until the safety zones, the effect of this rule will Coast Guard will not retaliate against
conclusion of the scheduled display. not be significant because the local small entities that question or complain
Except for persons or vessels authorized waterway users will be notified via about this rule or any policy or action
by the Coast Guard Patrol Commander, public Broadcast Notice to Mariners to of the Coast Guard.
no person or vessel may enter or remain ensure the safety zones will result in
in the restricted areas. These regulations minimum impact. The entities most C. Collection of Information
are needed to keep spectators and likely to be affected are waterfront This rule will not call for a new
vessels away from the immediate facilities, commercial vessels, and collection of information under the
vicinity of the launch sites to ensure the pleasure craft engaged in recreational Paperwork Reduction Act of 1995 (44
safety of participants, spectators, and activities. U.S.C. 3501–3520).
transiting vessels. B. Impact on Small Entities D. Federalism and Indian Tribal
V. Regulatory Analyses The Regulatory Flexibility Act of 1980 Governments
We developed this rule after (RFA), 5 U.S.C. 601–612, as amended, A rule has implications for federalism
considering numerous statutes and requires federal agencies to consider the under Executive Order 13132,
executive orders related to rulemaking. potential impact of regulations on small Federalism, if it has a substantial direct
Below we summarize our analyses entities during rulemaking. The term effect on the States, on the relationship
based on these statutes and executive ‘‘small entities’’ comprises small between the national government and
orders. businesses, not-for-profit organizations the States, or on the distribution of
that are independently owned and power and responsibilities among the
A. Regulatory Planning and Review operated and are not dominant in their various levels of government. We have
E.O.s 12866 (‘‘Regulatory Planning fields, and governmental jurisdictions analyzed this rule under that Order and
and Review’’) and 13563 (‘‘Improving with populations of less than 50,000. have determined that it is consistent
Regulation and Regulatory Review’’) The Coast Guard certifies under 5 U.S.C. with the fundamental federalism
direct agencies to assess the costs and 605(b) that this rule will not have a principles and preemption requirements
benefits of available regulatory significant economic impact on a described in Executive Order 13132.
alternatives and, if regulation is substantial number of small entities. Also, this rule does not have tribal
necessary, to select regulatory This rule may affect owners and implications under Executive Order
approaches that maximize net benefits operators of waterfront facilities, 13175, Consultation and Coordination
including potential economic, commercial vessels, and pleasure craft with Indian Tribal Governments,
environmental, public health and safety engaged in recreational activities and because it does not have a substantial
effects, distributive impacts, and equity. sightseeing. These safety zones would direct effect on one or more Indian
E.O. 13563 emphasizes the importance not have a significant economic impact tribes, on the relationship between the
of quantifying both costs and benefits, of on a substantial number of small entities Federal Government and Indian tribes,
reducing costs, of harmonizing rules, for the following reasons. These safety or on the distribution of power and
and of promoting flexibility. Executive zones would be activated, and thus responsibilities between the Federal
Order 13771 (‘‘Reducing Regulation and subject to enforcement, for a limited Government and Indian tribes. If you
Controlling Regulatory Costs’’), directs duration. When the safety zones are believe this rule has implications for
agencies to reduce regulation and activated, vessel traffic could pass safely federalism or Indian tribes, please
control regulatory costs and provides around the safety zones. The maritime contact the person listed in the FOR
that ‘‘for every one new regulation public will be advised in advance of FURTHER INFORMATION CONTACT section
issued, at least two prior regulations be these safety zones via Broadcast Notice above.
identified for elimination, and that the to Mariners.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
cost of planned regulations be prudently
managed and controlled through a Business Regulatory Enforcement The Unfunded Mandates Reform Act
budgeting process.’’ Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
The Office of Management and Budget we want to assist small entities in Federal agencies to assess the effects of
(OMB) has not designated this rule a understanding this rule. If the rule their discretionary regulatory actions. In
significant regulatory action under would affect your small business, particular, the Act addresses actions
section 3(f) of Executive Order 12866. organization, or governmental that may result in the expenditure by a
State, local, or tribal government, in the
nlaroche on DSK30NT082PROD with RULES

Accordingly, the Office of Management jurisdiction and you have questions
and Budget (OMB) has not reviewed it. concerning its provisions or options for aggregate, or by the private sector of
As this rule is not a significant compliance, please contact the person $100,000,000 (adjusted for inflation) or
regulatory action, this rule is exempt listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
from the requirements of Executive CONTACT section. will not result in such expenditure, we
Order 13771. See OMB’s Memorandum Small businesses may send comments do discuss the effects of this rule
titled ‘‘Interim Guidance Implementing on the actions of Federal employees elsewhere in this preamble.

VerDate Sep<11>2014 15:31 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

Document Created: 2018-11-14 10:17:39
Document Modified: 2018-11-14 10:17:39

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 from July 3 to July 4, 2017. This rule will be enforced from 9 a.m. on July 3, 2017 through 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 29398
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 29398 - Safety Zone: San Francisco Independence Day Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 124 (June 29, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard