[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9205-9207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04363]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0119]
RIN 1625-AA00
Safety Zone: St. Francis Yacht Club Fireworks, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the navigable waters of the San Francisco Bay near St. Francis Yacht
Club in support of the St. Francis Yacht Club Fireworks Display on
March 5, 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 8 a.m. to 10:30 p.m. on March 5,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0119 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 9, 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 5, 2018, will be a safety concern for anyone within a 100-foot
radius of the fireworks barge and anyone within a 560-foot 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 8:00 a.m. to 1:00 p.m. on
March 5, 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 6:00 p.m. to 6:30
p.m. on March 5, 2018, where it will remain until the conclusion of the
fireworks display.
At 9:10 p.m. on March 5, 2018, 30 minutes prior to the commencement
of the 18-minute fireworks display, the safety zone will increase in
size and encompass the navigable water around and under the fireworks
barge within a radius of 560 feet in approximate position
37[deg]48'37'' N, 122[deg]26'49'' W (NAD 83) for the St. Francis Yacht
Club Fireworks Display. The safety zone shall terminate at 10:30 p.m.
on March 5, 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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'')
[[Page 9206]]
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.''
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This regulatory
action determination is based on the size, location, duration of the
safety zone. The size of the zone is the minimum necessary to provide
adequate protection for the waterways users, adjoining areas, and the
public. This zone is of limited duration and is the minimum necessary
to provide adequate protection for the waterways users, adjoining
areas, and the public. The Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. 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.
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 is categorically excluded from further review under paragraph
L60(c) of Section L of the Department of Homeland Security Instruction
Manual 023-01-001-01 (series). An environmental analysis checklist
supporting this determination and Record of Environmental Consideration
(REC) are 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
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.T11-916 to read as follows:
[[Page 9207]]
Sec. 165.T11-916 Safety Zone; St. Francis Yacht Club 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 St.
Francis Yacht Club. 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]48'37'' N, 122[deg]26'49'' W (NAD 83) 30
minutes prior to the start of the 18 minute fireworks display,
scheduled to begin at 9:40 p.m. on March 5.
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 8 a.m. until approximately 10:30 p.m.
March 5, 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.
(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: February 23, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2018-04363 Filed 3-2-18; 8:45 am]
BILLING CODE 9110-04-P