Safety Zone: Sausalito Lighted Boat Parade Fireworks Display, San Francisco Bay, Sausalito, CA, 74010-74012 [2013-29366]
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Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Rules and Regulations
TABLE 1
1. Nike Fireworks Ellis Island
Safety Zone, 33 CFR
165.160(2.2).
• Launch site: A barge located between Federal Anchorages 20–A and 20–B, in approximate position 40°41′45″
N, 074°02′09″ W (NAD 1983), about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from
the barge.
• Date: December 12, 2013.
• Time: 8:00 p.m.–9:30 p.m.
Under the provisions of 33 CFR
165.160, a vessel may not enter the
regulated area unless given express
permission from the COTP or the
designated representative. Spectator
vessels may transit outside the regulated
area but may not anchor, block, loiter in,
or impede the transit of other vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area.
Dated: November 20, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2013–29370 Filed 12–9–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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
December 14, 2013. This rule will be
enforced from 11 a.m. to 8 p.m. on
December 14, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0930. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade William
Hawn, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7442 or
email at D11-PF-MarineEvents@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
33 CFR Part 165
Table of Acronyms
[Docket No. USCG–2013–0930]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RIN 1625–AA00
Safety Zone: Sausalito Lighted Boat
Parade Fireworks Display, San
Francisco Bay, Sausalito, CA
A. Regulatory History and Information
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the San
Francisco Bay off of Spinnaker Point
near Sausalito, CA in support of the
Sausalito Lighted Boat Parade Fireworks
Display on December 14, 2013. This
safety zone is established to help protect
participants and spectators from the
dangers associated with pyrotechnics.
maindgalligan on DSK5TPTVN1PROD with RULES
SUMMARY:
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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
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rulemaking (NPRM) with respect to this
rule because the event would occur
before the rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in
fireworks displays, the safety zone is
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during 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.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C 1231; 46 U.S.C Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Public
Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
Sausalito On-the-Waterfront
Foundation will sponsor the Sausalito
Lighted Boat Parade Fireworks Display
on December 14, 2013 off of Spinnaker
Point near Sausalito, CA in approximate
position 37°51′31″ N, 122°28′28″ W
(NAD83) as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18653.
This safety zone establishes a temporary
restricted area on the waters 100 feet
surrounding the fireworks barge during
the loading, transit and arrival of the
pyrotechnics from the loading site to the
launch site until the commencement of
the fireworks display. Upon the
commencement of the 10 minute
fireworks display, the safety zone will
increase in size and encompass the
navigable waters around the fireworks
barge within a radius of 420 feet. The
fireworks display is meant for
entertainment purposes. The restricted
area around the fireworks barge is
necessary to protect spectators, vessels,
and other property from the hazards
associated with pyrotechnics.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around and
under a fireworks barge within a radius
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Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Rules and Regulations
rule restricts access to the waters
encompassed by the safety zone, the
effect of this rule is expected to be
minimal because the local waterway
users will be notified via public
Broadcast Notice to Mariners prior to
the activation of the safety zone. The
entities most likely to be affected are
waterfront facilities, commercial
vessels, and pleasure craft engaged in
recreational activities.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes and
executive orders.
maindgalligan on DSK5TPTVN1PROD with RULES
of 100 feet during the loading, transit,
and arrival of the fireworks barge to the
display location until the start of the
fireworks display. From 11 a.m. until
5:30 p.m. on December 14, 2013, the
fireworks barge will be loaded at Pier 50
in San Francisco, CA. From 5:30 p.m. to
7 p.m. on December 14, 2013 the loaded
fireworks barge will transit from Pier 50
to the launch site off of Spinnaker Point
near Sausalito, CA in approximate
position 37°51′31″ N, 122°28′28″ W
(NAD 83) where it will remain until the
commencement of the fireworks
display. Upon the commencement of the
10 minute fireworks display, scheduled
to begin at 7:45 p.m. on December 14,
2013, the safety zone will increase in
size and encompass the navigable
waters around and under the fireworks
barge within a radius 420 feet in
approximate position 37°51′31″ N,
122°28′28″ W (NAD 83) for the Sausalito
Lighted Boat Parade Fireworks Display.
At the conclusion of the fireworks
display the safety zone shall terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the fireworks barge while the
fireworks are set up, and 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 fireworks barge to help
protect the participants, spectators, and
transiting vessels.
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
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
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
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. Although this
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16:56 Dec 09, 2013
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2. 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 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 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 can navigate
around the safety zone. The maritime
public will be advised in advance of this
safety zone via Broadcast Notice to
Mariners.
3. Assistance for Small Entities
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74011
about this rule or any policy or action
of the Coast Guard.
4. 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).
5. Federalism
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.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
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Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Rules and Regulations
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination 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.
maindgalligan on DSK5TPTVN1PROD with RULES
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:
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16:56 Dec 09, 2013
Jkt 232001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–608 to
read as follows:
■
§ 165.T11–608 Safety zone; Sausalito
Lighted Boat Parade Fireworks Display, San
Francisco Bay, Sausalito, CA.
(a) Location. This temporary safety
zone is established for the navigable
waters of the San Francisco Bay off of
Spinnaker Point near Sausalito, CA as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18653. From 11 a.m. until 7:45
p.m. on December 14, 2013, the
temporary safety zone applies to the
nearest point of the fireworks barge
within a radius of 100 feet during the
loading, transit, and arrival of the
fireworks barge from Pier 50 to the
launch site off of Spinnaker Point near
Sausalito, CA in approximate position
37°51′31″ N, 122°28′28″ W (NAD83).
From 7:45 p.m. until 8 p.m. on
December 14, 2013, the temporary safety
zone will increase in size and
encompass the navigable waters around
and under the fireworks barge in
approximate position 37°51′31″ N,
122°28′28″ W (NAD83) within a radius
of 420 feet.
(b) Enforcement Period. The zone
described in paragraph (a) of this
section will be enforced from 11 a.m.
through 8 p.m. on December 14, 2013.
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 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 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.
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(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 on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: November 20, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–29366 Filed 12–9–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0419 FRL–9900–70–
Region 10]
Approval and Promulgation of
Implementation Plans; State of
Oregon; Revised Format for Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
The EPA is revising the
format for materials submitted by the
State of Oregon that are incorporated by
reference (IBR) into the Oregon State
Implementation Plan (SIP). The
regulations affected by this format
change have all been previously
submitted by the State of Oregon and
approved by the EPA. This format
revision will primarily affect the
‘‘Identification of plan’’ section, as well
as the format of the SIP materials that
will be available for public inspection at
the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at the EPA Headquarters
in Oregon, DC, and the EPA Regional
Office. The EPA is also adding a table
in the ‘‘Identification of plan’’ section
which summarizes the approval actions
that the EPA has taken on the nonregulatory and quasi-regulatory portions
of the Oregon SIP.
DATES: This action is effective January 9,
2014.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations:
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Rules and Regulations]
[Pages 74010-74012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29366]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0930]
RIN 1625-AA00
Safety Zone: Sausalito Lighted Boat Parade Fireworks Display, San
Francisco Bay, Sausalito, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay off of Spinnaker Point near
Sausalito, CA in support of the Sausalito Lighted Boat Parade Fireworks
Display on December 14, 2013. This safety zone is established to help
protect 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 on December 14, 2013. This rule will be
enforced from 11 a.m. to 8 p.m. on December 14, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0930. To view documents mentioned in this preamble as being
available in the docket, go to https://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. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
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 because the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the pyrotechnics used in fireworks displays, the safety zone is
necessary to provide for the safety of event participants, spectators,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during 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.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
Sausalito On-the-Waterfront Foundation will sponsor the Sausalito
Lighted Boat Parade Fireworks Display on December 14, 2013 off of
Spinnaker Point near Sausalito, CA in approximate position
37[deg]51'31'' N, 122[deg]28'28'' W (NAD83) as depicted in National
Oceanic and Atmospheric Administration (NOAA) Chart 18653. This safety
zone establishes a temporary restricted area on the waters 100 feet
surrounding the fireworks barge during the loading, transit and arrival
of the pyrotechnics from the loading site to the launch site until the
commencement of the fireworks display. Upon the commencement of the 10
minute fireworks display, the safety zone will increase in size and
encompass the navigable waters around the fireworks barge within a
radius of 420 feet. The fireworks display is meant for entertainment
purposes. The restricted area around the fireworks barge is necessary
to protect spectators, vessels, and other property from the hazards
associated with pyrotechnics.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around and under a fireworks barge within a radius
[[Page 74011]]
of 100 feet during the loading, transit, and arrival of the fireworks
barge to the display location until the start of the fireworks display.
From 11 a.m. until 5:30 p.m. on December 14, 2013, the fireworks barge
will be loaded at Pier 50 in San Francisco, CA. From 5:30 p.m. to 7
p.m. on December 14, 2013 the loaded fireworks barge will transit from
Pier 50 to the launch site off of Spinnaker Point near Sausalito, CA in
approximate position 37[deg]51'31'' N, 122[deg]28'28'' W (NAD 83) where
it will remain until the commencement of the fireworks display. Upon
the commencement of the 10 minute fireworks display, scheduled to begin
at 7:45 p.m. on December 14, 2013, the safety zone will increase in
size and encompass the navigable waters around and under the fireworks
barge within a radius 420 feet in approximate position 37[deg]51'31''
N, 122[deg]28'28'' W (NAD 83) for the Sausalito Lighted Boat Parade
Fireworks Display. At the conclusion of the fireworks display the
safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks barge while the fireworks
are set up, and 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 fireworks barge to help protect the
participants, spectators, and transiting vessels.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
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. Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule is expected to be minimal
because the local waterway users will be notified via public Broadcast
Notice to Mariners prior to the activation of the safety zone. The
entities most likely to be affected are waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities.
2. 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 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 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 can navigate around the safety zone.
The maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.
3. Assistance for Small Entities
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 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.
4. 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).
5. Federalism
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.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and
[[Page 74012]]
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination 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.
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; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T11-608 to read as follows:
Sec. 165.T11-608 Safety zone; Sausalito Lighted Boat Parade Fireworks
Display, San Francisco Bay, Sausalito, CA.
(a) Location. This temporary safety zone is established for the
navigable waters of the San Francisco Bay off of Spinnaker Point near
Sausalito, CA as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18653. From 11 a.m. until 7:45 p.m. on
December 14, 2013, the temporary safety zone applies to the nearest
point of the fireworks barge within a radius of 100 feet during the
loading, transit, and arrival of the fireworks barge from Pier 50 to
the launch site off of Spinnaker Point near Sausalito, CA in
approximate position 37[deg]51'31'' N, 122[deg]28'28'' W (NAD83). From
7:45 p.m. until 8 p.m. on December 14, 2013, the temporary safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge in approximate position 37[deg]51'31'' N,
122[deg]28'28'' W (NAD83) within a radius of 420 feet.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced from 11 a.m. through 8 p.m. on December 14,
2013. 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 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 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 on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: November 20, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-29366 Filed 12-9-13; 8:45 am]
BILLING CODE 9110-04-P
