[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28999-29001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13430]
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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.
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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