83 FR 12662 - Safety Zone: Juan Benitez Fireworks Display, San Francisco, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 57 (March 23, 2018)
Coast Guard
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12662-12664 | |
| FR Document | 2018-05925 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Rules and Regulations] [Pages 12662-12664] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05925] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0063] RIN 1625-AA00 Safety Zone: Juan Benitez Fireworks Display, San Francisco, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary moving safety zone in the navigable waters of the San Francisco Bay near Point Cavallo in support of the Juan Benitez Fireworks Display on March 24, 2018. This safety zone is 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 zone without permission of the Captain of the Port or their designated representative. DATES: This rule is effective from 9:00 a.m. to 8:40 p.m. on March 24, 2018. [[Page 12663]] ADDRESSES: Documents mentioned in this preamble are part of docket USCG-2018-0063. 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 Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Acronyms APA Administrative Procedure Act COTP U.S. Coast Guard Captain on the Port DHS Department of Homeland Security FR Federal Register NOAA National Oceanic and Atmospheric Administration NPRM Notice of proposed rulemaking PATCOM U.S. Coast Guard Patrol Commander U.S.C. United States Code 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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. Since the Coast Guard received notice of this event on February 22, 2018, notice and comment procedures would be impracticable in this instance. For similar reasons as those stated above, 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. 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 (COTP) San Francisco has determined that potential hazards associated with the planned fireworks display on March 24, 2018, will be a safety concern for anyone within a 100-foot radius of the fireworks barge and anyone within a 560-feet radius of the fireworks firing site. This rule is needed to protect spectators, vessels, and other property from hazards associated with pyrotechnics. IV. Discussion of the Rule This rule establishes a temporary safety zone during the loading and transit of the fireworks barge, until after completion of the fireworks display. During the loading of the pyrotechnics onto the fireworks barge, scheduled to take place from 9:00 a.m. to 2:00 p.m. on March 24, 2018, at Pier 50 in San Francisco, CA, the safety zone will encompass the navigable waters around and under the fireworks barge within a radius of 100 feet. The fireworks barge will remain at Pier 50 until the start of its transit to the display location. Towing of the barge from Pier 50 to the display location is scheduled to take place from 5:30 p.m. to 7:00 p.m. on March 24, 2018 where it will remain until the conclusion of the fireworks display. At 8:00 p.m. on March 24, 2018, 30 minutes prior to the commencement of the 10-minute fireworks display, the safety zone will increase in size and encompass the navigable waters around and under the fireworks barge within a radius of 560 feet in approximate position 37[deg]49'48'' N, 122[deg]28'26'' W (NAD 83) for the Juan Benitez Fireworks Display. The safety zone shall terminate at 8:40 p.m. on March 24, 2018. The effect of the temporary safety zone is to restrict navigation in the vicinity of the fireworks loading, transit, and firing site. Except for persons or vessels authorized by the COTP or the COTP's designated representative, 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 fireworks firing 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 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the limited duration and narrowly tailored geographic area of the safety zone. 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 Broadcast 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. 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 the following entities, some of which may be small entities: owners and operators of waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing, if these facilities or vessels are in the vicinity of the safety zone at times when this zone is being enforced. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons: (i) This rule will encompass only a small portion of the waterway for a limited period of time, and (ii) 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 [[Page 12664]] 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. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01, which guides 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 of limited size and duration. It is categorically excluded from further review under Categorical Exclusion L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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; 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.T11-918 to read as follows: Sec. 165.T11-918 Safety Zone; Juan Benitez Fireworks Display, San Francisco Bay, San Francisco, CA. (a) Location. The following area is a safety zone: All navigable waters of the San Francisco Bay within 100 feet of the fireworks barge during loading at Pier 50, as well as transit to and arrival at Point Cavallo. The safety zone will expand to all navigable waters around and under the fireworks barge within a radius of 560 feet in approximate position 37[deg]49'48'' N, 122[deg]28'26'' W (NAD 83) at 8:00 p.m., 30 minutes prior to the start of the 10 minute fireworks display scheduled to begin at 8:30 p.m. on March 24, 2018. (b) Enforcement period. The zone described in paragraph (a) of this section will be enforced from 9:00 a.m. until approximately 8:40 p.m. March 24, 2018. The Captain of the Port 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 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 the COTP's 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 zones on VHF-23A or through the 24-hour Command Center at telephone (415) 399-3547. Dated: March 19, 2018. Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2018-05925 Filed 3-22-18; 8:45 am] BILLING CODE 9110-04-P
![12664 Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations
compliance, please contact the person that may result in the expenditure by a § 165.T11–918 Safety Zone; Juan Benitez
listed in the FOR FURTHER INFORMATION State, local, or tribal government, in the Fireworks Display, San Francisco Bay, San
CONTACT section. aggregate, or by the private sector of Francisco, CA.
Small businesses may send comments $100,000,000 (adjusted for inflation) or (a) Location. The following area is a
on the actions of Federal employees more in any one year. Though this rule safety zone: All navigable waters of the
who enforce, or otherwise determine will not result in such expenditure, we San Francisco Bay within 100 feet of the
compliance with, Federal regulations to do discuss the effects of this rule fireworks barge during loading at Pier
the Small Business and Agriculture elsewhere in this preamble. 50, as well as transit to and arrival at
Regulatory Enforcement Ombudsman Point Cavallo. The safety zone will
and the Regional Small Business F. Environment expand to all navigable waters around
Regulatory Fairness Boards. The and under the fireworks barge within a
We have analyzed this rule under radius of 560 feet in approximate
Ombudsman evaluates these actions
Department of Homeland Security position 37°49′48″ N, 122°28′26″ W
annually and rates each agency’s
responsiveness to small business. If you Management Directive 023–01, which (NAD 83) at 8:00 p.m., 30 minutes prior
wish to comment on actions by guides the Coast Guard in complying to the start of the 10 minute fireworks
employees of the Coast Guard, call 1– with the National Environmental Policy display scheduled to begin at 8:30 p.m.
888–REG–FAIR (1–888–734–3247). The Act of 1969 (42 U.S.C. 4321–4370f), and on March 24, 2018.
Coast Guard will not retaliate against have determined that this action is one (b) Enforcement period. The zone
small entities that question or complain of a category of actions that do not described in paragraph (a) of this
about this rule or any policy or action individually or cumulatively have a section will be enforced from 9:00 a.m.
of the Coast Guard. significant effect on the human until approximately 8:40 p.m. March 24,
environment. This rule involves safety 2018. The Captain of the Port San
C. Collection of Information zones of limited size and duration. It is Francisco (COTP) will notify the
This rule will not call for a new categorically excluded from further maritime community of periods during
collection of information under the review under Categorical Exclusion which these zones will be enforced via
Paperwork Reduction Act of 1995 (44 L60(a) of Appendix A, Table 1 of DHS Broadcast Notice to Mariners in
U.S.C. 3501–3520). Instruction Manual 023–01–001–01, accordance with 33 CFR 165.7.
Rev. 01. A Record of Environmental (c) Definitions. As used in this
D. Federalism and Indian Tribal
Governments Consideration supporting this section, ‘‘designated representative’’
determination is available in the docket means a Coast Guard Patrol
A rule has implications for federalism where indicated under ADDRESSES. Commander, including a Coast Guard
under Executive Order 13132, coxswain, petty officer, or other officer
Federalism, if it has a substantial direct G. Protest Activities on a Coast Guard vessel or a Federal,
effect on the States, on the relationship State, or local officer designated by or
The Coast Guard respects the First
between the national government and assisting the COTP in the enforcement
Amendment rights of protesters.
the States, or on the distribution of of the safety zone.
Protesters are asked to contact the
power and responsibilities among the (d) Regulations. (1) Under the general
various levels of government. We have person listed in the FOR FURTHER
INFORMATION CONTACT section to regulations in 33 CFR part 165, subpart
analyzed this rule under that Order and C, entry into, transiting or anchoring
have determined that it is consistent coordinate protest activities so that your
message can be received without within this safety zone is prohibited
with the fundamental federalism unless authorized by the COTP or the
principles and preemption requirements jeopardizing the safety or security of
people, places or vessels. COTP’s designated representative.
described in Executive Order 13132. (2) The safety zone is closed to all
Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 vessel traffic, except as may be
implications under Executive Order permitted by the COTP or a designated
13175, Consultation and Coordination Harbors, Marine safety, Navigation representative.
with Indian Tribal Governments, (water), Reporting and recordkeeping (3) Vessel operators desiring to enter
because it does not have a substantial requirements, Security measures, or operate within the safety zone must
direct effect on one or more Indian Waterways. contact the COTP or a designated
tribes, on the relationship between the representative to obtain permission to
Federal Government and Indian tribes, For the reasons discussed in the
preamble, the Coast Guard amends 33 do so. Vessel operators given permission
or on the distribution of power and to enter or operate in the safety zone
responsibilities between the Federal CFR part 165 as follows:
must comply with all directions given to
Government and Indian tribes. If you them by the COTP or a designated
believe this rule has implications for PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS representative. Persons and vessels may
federalism or Indian tribes, please request permission to enter the safety
contact the person listed in the FOR zones on VHF–23A or through the 24-
FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165
hour Command Center at telephone
above. continues to read as follows:
(415) 399–3547.
E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Dated: March 19, 2018.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
amozie on DSK30RV082PROD with RULES
The Unfunded Mandates Reform Act Anthony J. Ceraolo,
Department of Homeland Security Delegation
of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Captain, U.S. Coast Guard, Captain of the
Federal agencies to assess the effects of Port, San Francisco.
their discretionary regulatory actions. In ■ 2. Add § 165.T11–918 to read as [FR Doc. 2018–05925 Filed 3–22–18; 8:45 am]
particular, the Act addresses actions follows: BILLING CODE 9110–04–P
VerDate Sep<11>2014 16:24 Mar 22, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1](https://thefederalregister.org/doc/83_FR_12719/page/3.svg)
Document Created: 2018-11-01 08:54:08
Document Modified: 2018-11-01 08:54:08
| 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 from 9:00 a.m. to 8:40 p.m. on March 24, 2018. | |
| Contact | If you have questions on this rule, call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected] | |
| FR Citation | 83 FR 12662 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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