[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30914-30916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13852]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0393]
RIN 1625-AA00


Safety Zone: City of Benicia Fourth of July Fireworks Display, 
Carquinez Strait, 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 Benicia Fourth of July Fireworks Display on July 4, 2019. This 
safety zone is necessary to protect personnel, vessels, and the marine 
environment from the dangers associated with pyrotechnics. Unauthorized 
persons and vessels are prohibited from entering into, transiting 
through, or remaining in the safety zone without permission of the 
Captain of the Port San Francisco or a designated representative.

DATES: This rule is effective from 9:15 p.m. through 10:35 p.m. on July 
4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0393 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Jennae Cotton, Waterways 
Management, U.S. Coast Guard; telephone (415) 399-3585, email 
SFWaterways@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
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 final details 
of this event on April 18, 2019, notice and comment procedures would be 
impracticable in this instance.
    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 similar reasons as stated 
above, notice and comment procedures would be impractical in this 
instance due to the short notice provided for this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco (COTP) has determined that potential hazards associated with 
the Benicia Fourth of July Fireworks Display on July 4, 2019, will be a 
safety concern for anyone within a 420-foot radius of the fireworks 
firing site. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters around the safety zone 
during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone around the fireworks 
firing site for the Benicia Fourth of July Fireworks Display. At 9:15 
p.m. on July 4, 2019, 30 minutes prior to the commencement of the 20-
minute fireworks display, the safety zone will encompass the navigable 
waters of the Carquinez Strait, from surface to bottom, within a circle 
formed by connecting all points 420 feet out from the fireworks firing 
site located on the Benicia 1st Street public pier at approximate 
position 38[deg]02'40'' N, 122[deg]09'55'' W (NAD 83). The safety zone 
will terminate at approximately 10:35 p.m. on July 4, 2019.
    The effect of the safety zone is to restrict navigation in the 
vicinity of the fireworks 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 area. This 
regulation is needed to keep spectators and vessels away from the 
immediate vicinity of the fireworks firing 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 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

[[Page 30915]]

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, 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 this 
safety zone 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 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 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
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 a safety zone of limited size and 
duration. It is categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. 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:  46 U.S.C 70034, 70051; 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.T11-975 to read as follows:


Sec.  165.T11-975  Safety Zone; City of Benicia 4th of July Fireworks 
Display, Carquinez Strait, Benicia, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Carquinez Strait near Benicia, CA, from surface to 
bottom, within a circle formed by connecting all points 420 feet out 
from the fireworks firing site on the Benicia 1st Street public pier at 
approximate position 38[deg]02'40'' N, 122[deg]09'55'' W (NAD 83).
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francisco (COTP) in the 
enforcement of the safety zone.

[[Page 30916]]

    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section 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 the COTP's 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 lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Effective period. The zone described in paragraph (a) of this 
section will be effective and enforced from 9:15 p.m. until 
approximately 10:35 p.m. on July 4, 2019. The Captain of the Port San 
Francisco will notify the maritime community of periods during which 
this zone will be enforced via Broadcast Notice to Mariners in 
accordance with Sec.  165.7.

    Dated: June 6, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-13852 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P


