[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30909-30911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13816]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0492]
RIN 1625-AA00


Safety Zone; San Francisco Waterfront Celebration Fireworks 
Display; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 Waterfront Celebration on July 4, 2019. These 
safety zones are necessary to protect personnel, vessels, and the 
marine environment 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 a designated representative.

DATES: This rule is effective from 9 a.m. on July 3, 2019 to 10:30 p.m. 
on July 4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0492 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 Abbreviations

COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 April 24, 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 COTP has determined that 
potential hazards associated with the San Francisco Waterfront 
Celebration Fireworks Display on July 4, 2019, will be a safety concern 
for anyone within a 100-foot radius of the fireworks barges during 
loading, staging, and transit, and anyone within a 700-foot radius of 
the fireworks barges starting 30 minutes before the fireworks display 
is scheduled to commence and ending 30 minutes after the conclusion of 
the fireworks display. For this reason, safety zones are needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters around the fireworks barges during the fireworks display.

IV. Discussion of the Rule

    This rule establishes safety zones from 9 a.m. on July 3, 2019 
until 10:30 p.m. on July 4, 2019 during the loading, staging, and 
transit of the four fireworks barges, until approximately 30 minutes 
after completion of the fireworks display. From 9 a.m. on July 3, 2019 
to 9 p.m. on July 4, 2019, during the loading, staging, and transit of 
the fireworks barges until 30 minutes prior to the start of the 
fireworks display, the

[[Page 30910]]

safety zones will encompass the navigable waters around and under the 
four fireworks barges, from surface to bottom, within a circle formed 
by connecting all points 100 feet out from each of the fireworks 
barges. Loading the pyrotechnics onto the fireworks barges is scheduled 
from 9 a.m. on July 3, 2019 to 7:30 p.m. on July 4, 2019, at Pier 50 in 
San Francisco, CA. From 7:30 p.m. to 8:15 p.m. on July 4, 2019, the 
fireworks barges will be towed from Pier 50 to the two display 
locations, where they will remain until the conclusion of the fireworks 
display.
    At 9 p.m. on July 4, 2019, 30 minutes prior to the commencement of 
the 30-minute San Francisco Waterfront Celebration Fireworks Display, 
the safety zones will increase in size and encompass the navigable 
waters around and under the fireworks barges, from surface to bottom, 
within the circles formed by connecting all points 700 feet from the 
circle centers at approximate positions 37[deg]48'49'' N, 
122[deg]24'46'' W (NAD 83) and 37[deg]48'45'' N, 122[deg]25'39'' W (NAD 
83). The safety zones will terminate at 10:30 p.m. on July 4, 2019.
    The effect of the safety zones is to restrict navigation in the 
vicinity of the fireworks loading, staging, transit, and firing sites. 
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 zones. 
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 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, 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 zones at times when these zones are 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 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

[[Page 30911]]

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 safety zones 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.T11-981 to read as follows:


Sec.  165.T11-981  Safety Zone; San Francisco Waterfront Celebration 
Fireworks Display; San Francisco Bay, San Francisco, CA.

    (a) Location. The following areas are safety zones: from 9 a.m. on 
July 3, 2019 until 9 p.m. on July 4, 2019 the safety zones will 
encompass all navigable waters of the San Francisco Bay, from surface 
to bottom, within the circles formed by connecting all points 100 feet 
out from the fireworks barges during the loading and staging at Pier 50 
in San Francisco, CA as well as during transit to and arrival at the 
display locations in San Francisco, CA. Between 9 p.m. on July 4, 2019 
and 10:30 p.m. on July 4, 2019, the safety zones will expand to all 
navigable waters, from surface to bottom, within the circles formed by 
connecting all points 700 feet out from the fireworks barges in 
approximate positions 37[deg]48'49'' N, 122[deg]24'46'' W (NAD 83) and 
37[deg]48'45'' N, 122[deg]25'39'' 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 zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zones are 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 
zones must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zones 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 zones on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. The zones described in paragraph (a) of 
this section will be enforced from 9 a.m. on July 3, 2019 until 10:30 
p.m. on July 4, 2019. The Captain of the Port San Francisco will notify 
the maritime community of periods during which these zones will be 
enforced via Notice to Mariners in accordance with Sec.  165.7.

    Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-13816 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P


