Safety Zones; San Francisco, CA, 5482-5485 [2017-01050]

Download as PDF 5482 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules mstockstill on DSK3G9T082PROD with PROPOSALS during the weeks of Veterans Day and Thanksgiving Day. The Captain of the Port Honolulu, will establish enforcement dates that will be announced by Notice of Enforcement, Local Notice to Mariners, Broadcast Notice to Mariners, on-scene designated representatives, and outreach. (c) Regulations. (1) All persons and vessels not registered with the sponsor as participants or support/enforcement vessels are considered spectators. The ‘‘support/enforcement vessels’’ consist of any territory, or local law enforcement and sponsor provided vessels assigned or approved by the Captain of the Port Honolulu to patrol the regulated area. (2) No spectator shall anchor, block, loiter or impede the transit of participants or support/enforcement vessels in the regulated area during the enforcement dates and times, unless cleared for entry by or through a support/enforcement vessel. (3) Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (d) Informational Broadcasts. The Captain of the Port Honolulu, will establish enforcement dates and times with a Notice of Enforcement. If circumstances render enforcement of the regulated area unnecessary for the entirety of these periods, the Captain of the Port or his designated representative will inform the public through broadcast notices to mariners that the regulated area is no longer being enforced. The harbor will remain closed until the Coast Guard issues an ‘‘All Clear’’ for the harbor after the race has concluded and the harbor is deemed safe for normal operations. (e) Penalties. Vessels or persons violating this rule may be subject to the penalties set forth in 33 U.S.C. 1233. Dated: January 10, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017–00861 Filed 1–17–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0836] RIN 1625–AA00 Safety Zones; San Francisco, CA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend, add, and delete several permanent safety zones located in the Captain of the Port San Francisco zone that are established to protect public safety during annual firework displays. These amendments will update listed events to accurately reflect the firework display locations. This proposed rulemaking would limit the movement of vessels within the established firework display areas unless authorized by the Captain of the Port (COTP) San Francisco or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before February 17, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0836 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of theSUPPLEMENTARY INFORMATION section for further instructions on submitting comments. SUMMARY: If you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415–399–3585, email D11-PFMarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard is conducting this rulemaking under the authority of 33 U.S.C. 1231. Fireworks displays are held annually on a recurring basis on the VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 navigable waters within the COTP San Francisco zone. One of the published annual fireworks events that require safety zones does not currently reflect the accurate location of the respective display sites. Three annual fireworks events that require safety zones are not published in 33 CFR 165.1191 and one published fireworks event has not occurred since 2009. These safety zones are necessary to provide for the safety of the crew, spectators, participants of the event, participating vessels, and other users and vessels of the waterway from the hazards associated with firework displays. The effect of these proposed safety zones will be to restrict general navigation in the vicinity of the events, from the start of each event until the conclusion of that event. Except for the persons or vessels authorized by the COTP San Francisco or a designated representative, no person or vessel may enter or remain in the regulated area. These regulations are needed to keep spectators and vessels a safe distance away from the fireworks displays to ensure the safety of participants, spectators, and transiting vessels. III. Discussion of Proposed Rule The Coast Guard has reviewed 33 CFR 165.1191 for accuracy. The Coast Guard is proposing to amend Table 1 in § 1191 to modify one event to reflect the current event locations, add three events, and delete one outdated event. The event proposed to be modified is listed numerically in Table 1 of this section as item 9, ‘‘Fourth of July Fireworks, City of Richmond.’’ The display location currently listed, Richmond Harbor, has been deemed undesirable or hazardous by the event sponsors, and so it is being changed to a barge located in the harbor, and the area of the safety zone would be the area around the barge. We are also proposing to add three events to Table 1 of 33 CFR 165.1191, as items 28, 29, and 30. These events are titled Execpro Services Fourth of July Fireworks, Monte Foundation Fireworks, Lake Tahoe, and Sausalito Lighted Boat Parade Fireworks, respectively. The events proposed to be added have taken place in 2011, 2013, and 2014, and we believe that they will likely be regularly scheduled in the future. For those reasons, we believe it is beneficial to include them in the permanent regulation. Finally, we propose to remove item 2, ‘‘KFOG KaBoom,’’ as this event is outdated. It is unlikely to reoccur and its continued inclusion in the regulation offers the possibility of confusion. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. E:\FR\FM\18JAP1.SGM 18JAP1 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 1231; 50 U.S.C. 191, 195; 33 CFR 1.05– 1, 6.04–1, 6.04–6, 160.5; Department of Homeland Security Delegation No. 0170.1. IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of each safety zone. Vessel traffic would be able to safely transit around each safety zone which would impact a small designated area of the COTP San Francisco zone for less than 1 hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Local Notice to Mariner and Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zones. mstockstill on DSK3G9T082PROD with PROPOSALS 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 proposed rule would 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 IV.A above this proposed rule would not have a VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 5483 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zones lasting less than 1 hour that would prohibit entry within 1,000 feet of a fireworks barge. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and 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 proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment E:\FR\FM\18JAP1.SGM 18JAP1 5484 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend to 33 CFR part 165 as follows: 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, 160.5; Department of Homeland Security Delegation No. 0170.1. 2. In § 165.1191, in Table 1 to § 165.1191, remove and reserve item 2, revise item 9, and add items 28, 29, and 30, to read as follows: ■ § 165.1191 Northern California and Lake Tahoe Area Annual Fireworks Events. * * * * * TABLE 1 TO § 165.1191 * * * * * * * * * * 2. [Reserved] * * * * 9. Fourth of July Fireworks, City of Richmond Sponsor ................................ Event Description ................. Date ...................................... Location ................................ Regulated Area .................... * Various Sponsors. Fireworks Display. Week of July 4th. A barge located in Richmond Harbor in approximate position 37°54′40″ N, 122°21′05″ W, Richmond, CA. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display. * * * * * * 28. Execpro Services Fourth of July Fireworks Sponsor ................................ Event Description ................. Date ...................................... Location ................................ Regulated Area .................... Execpro Services Inc. Fireworks Display. Week of July 4th. Off-shore from Incline Village, NV. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. 29. Monte Foundation Fireworks, Lake Tahoe Sponsor ................................ Event Description ................. Date ...................................... Location ................................ Regulated Area .................... Monte Foundation. Fireworks Display. Week of Labor Day. Carnelian Bay, Lake Tahoe, CA. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. mstockstill on DSK3G9T082PROD with PROPOSALS 30. Sausalito Lighted Boat Parade Fireworks Sponsor ................................ Event Description ................. Date ...................................... Location ................................ Regulated Area .................... VerDate Sep<11>2014 16:51 Jan 17, 2017 Various Sponsors. Fireworks Display. A Saturday or Sunday in December. Off-shore from Sausalito Point, Sausalito, CA. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. Jkt 241001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules Dated: December 13, 2016. Anthony J. Ceraolo, Captain, U.S. Coast Guard,Captain of the Port San Francisco. [FR Doc. 2017–01050 Filed 1–17–17; 8:45 am] BILLING CODE 9110–04–P menu and selecting ‘‘Smoking’’ from the list of policy subjects. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017–01060 Filed 1–17–17; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF THE INTERIOR National Park Service DEPARTMENT OF HEALTH AND HUMAN SERVICES 36 CFR Parts 1 and 2 Office of the Secretary 42 CFR Part 2 [NPS–WASO–REGS–17326; GPO Deposit Account 4311H2] [SAMHSA–4162–20] RIN 0930–ZA07 RIN 1024–AE30 Withdrawal of the Proposed Rule To Revise General Provisions; Electronic Cigarettes AGENCY: ACTION: National Park Service; Interior. Proposed rule; withdrawal. The National Park Service withdraws the proposed rule that would revise the regulation that defines smoking to include the use of electronic cigarettes and other electronic nicotine delivery systems; and would allow a superintendent to close an area, building, structure, or facility to smoking when necessary to maintain public health and safety. The withdrawal is based upon a need to engage in additional interagency coordination and review of the proposal. SUMMARY: The January 6, 2017, proposed rule (82 FR 1647) is withdrawn as of January 18, 2017. DATES: The withdrawal of the proposed rule, and comments, are available at www.regulations.gov by searching for Regulation Identifier Number (RIN) 1024–AE30. ADDRESSES: Sara Newman, Director, Office of Public Health, by telephone 202–513–7225, or email sara_newman@nps.gov. FOR FURTHER INFORMATION CONTACT: This withdrawal does not affect Director’s Order #50D (Smoking Policy), originally issued in 2003 and then revised and reissued in 2009, and Policy Memorandum 15–03 (Use of Electronic Nicotine Delivery Systems), issued on September 10, 2015, which remain in effect and are available online on the NPS Office of Policy Web site at http:// www.nps.gov/applications/npspolicy/ index.cfm by clicking on the drop-down mstockstill on DSK3G9T082PROD with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 Confidentiality of Substance Use Disorder Patient Records Substance Abuse and Mental Health Services Administration, HHS. ACTION: Supplemental notice of proposed rulemaking. AGENCY: On Feb. 9, 2016, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a Notice of Proposed Rulemaking (NPRM) that proposed policy changes to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR part 2). SAMHSA explained in the NPRM that these changes were intended to better align the regulations with advances in the U.S. health care delivery system while retaining important privacy protections for individuals seeking treatment for substance use disorders. The last substantive update to these regulations was in 1987. SAMHSA is issuing this Supplemental Notice of Proposed Rulemaking (SNPRM) to propose additional clarifications to the part 2 regulations as amended by the concurrently issued final rule. As noted in the final rule, 42 CFR part 2 Confidentiality of Substance Use Disorder Patient Records, questions raised by commenters highlighted varying interpretations of the 1987 rule’s restrictions on lawful holders and their contractors and subcontractors’ use and disclosure of part 2-covered data for purposes of carrying out payment, health care operations, and other health care related activities. In consideration of this feedback and given the critical role that third-party payers, other lawful holders, and their contractors, subcontractors, and legal representatives play in the provision of health care services, SAMHSA is issuing this SNPRM to seek further comments on our proposals to address and help SUMMARY: PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 5485 clarify these matters before establishing any appropriate restrictions on disclosures to contractors, subcontractors and legal representatives. DATES: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on February 17, 2017. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 0930–AA21, by any of the following methods: Electronically: Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for submitting comments. Regular, Express or Overnight Mail, or Hand Delivery or Courier: Written comments sent by hand delivery, or mailed by regular, express, or overnight mail must be sent to the following address ONLY: The Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, Attn: Danielle Tarino, SAMHSA, 5600 Fishers Lane, Room 13E89A, Rockville, Maryland 20857. Please allow sufficient time for mailed comments to be received before the close of the comment period. Instructions: To avoid duplication, please submit only one copy of your comments by only one method. All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will become a matter of public record and will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process and viewing public comments, see the ‘‘Request for Public Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Danielle Tarino, SAMHSA, 5600 Fishers Lane, Room 13E89A, Rockville, Maryland 20857, 240–276–2857, Email address: Danielle.Tarino@ samhsa.hhs.gov SUPPLEMENTARY INFORMATION: Background On February 9, 2016, SAMHSA published an NPRM in the Federal Register (81 FR 6987) proposing updates to regulations for the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR part 2). These regulations implement title 42, section E:\FR\FM\18JAP1.SGM 18JAP1

Agencies

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5482-5485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01050]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0836]
RIN 1625-AA00


Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend, add, and delete several 
permanent safety zones located in the Captain of the Port San Francisco 
zone that are established to protect public safety during annual 
firework displays. These amendments will update listed events to 
accurately reflect the firework display locations. This proposed 
rulemaking would limit the movement of vessels within the established 
firework display areas unless authorized by the Captain of the Port 
(COTP) San Francisco or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0836 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of theSUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Junior Grade Christina 
Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, 
email D11-PF-MarineEvents@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is conducting this rulemaking under the authority 
of 33 U.S.C. 1231. Fireworks displays are held annually on a recurring 
basis on the navigable waters within the COTP San Francisco zone. One 
of the published annual fireworks events that require safety zones does 
not currently reflect the accurate location of the respective display 
sites. Three annual fireworks events that require safety zones are not 
published in 33 CFR 165.1191 and one published fireworks event has not 
occurred since 2009. These safety zones are necessary to provide for 
the safety of the crew, spectators, participants of the event, 
participating vessels, and other users and vessels of the waterway from 
the hazards associated with firework displays. The effect of these 
proposed safety zones will be to restrict general navigation in the 
vicinity of the events, from the start of each event until the 
conclusion of that event. Except for the persons or vessels authorized 
by the COTP San Francisco or a designated representative, no person or 
vessel may enter or remain in the regulated area. These regulations are 
needed to keep spectators and vessels a safe distance away from the 
fireworks displays to ensure the safety of participants, spectators, 
and transiting vessels.

III. Discussion of Proposed Rule

    The Coast Guard has reviewed 33 CFR 165.1191 for accuracy. The 
Coast Guard is proposing to amend Table 1 in Sec.  1191 to modify one 
event to reflect the current event locations, add three events, and 
delete one outdated event.
    The event proposed to be modified is listed numerically in Table 1 
of this section as item 9, ``Fourth of July Fireworks, City of 
Richmond.'' The display location currently listed, Richmond Harbor, has 
been deemed undesirable or hazardous by the event sponsors, and so it 
is being changed to a barge located in the harbor, and the area of the 
safety zone would be the area around the barge.
    We are also proposing to add three events to Table 1 of 33 CFR 
165.1191, as items 28, 29, and 30. These events are titled Execpro 
Services Fourth of July Fireworks, Monte Foundation Fireworks, Lake 
Tahoe, and Sausalito Lighted Boat Parade Fireworks, respectively. The 
events proposed to be added have taken place in 2011, 2013, and 2014, 
and we believe that they will likely be regularly scheduled in the 
future. For those reasons, we believe it is beneficial to include them 
in the permanent regulation.
    Finally, we propose to remove item 2, ``KFOG KaBoom,'' as this 
event is outdated. It is unlikely to reoccur and its continued 
inclusion in the regulation offers the possibility of confusion.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C.

[[Page 5483]]

1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Department of Homeland Security Delegation No. 0170.1.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of each safety zone. Vessel traffic 
would be able to safely transit around each safety zone which would 
impact a small designated area of the COTP San Francisco zone for less 
than 1 hour during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Local Notice to Mariner and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zones.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zones lasting less than 1 hour that would prohibit entry within 1,000 
feet of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 5484]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend to 33 CFR part 165 as follows:

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, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. In Sec.  165.1191, in Table 1 to Sec.  165.1191, remove and reserve 
item 2, revise item 9, and add items 28, 29, and 30, to read as 
follows:


Sec.  165.1191   Northern California and Lake Tahoe Area Annual 
Fireworks Events.

* * * * *

                       Table 1 to Sec.   165.1191
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                              2. [Reserved]
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
              9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor......................  Various Sponsors.
Event Description............  Fireworks Display.
Date.........................  Week of July 4th.
Location.....................  A barge located in Richmond Harbor in
                                approximate position 37[deg]54'40'' N,
                                122[deg]21'05'' W, Richmond, CA.
Regulated Area...............  100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 560-
                                foot radius upon commencement of the
                                fireworks display.
 
                              * * * * * * *
------------------------------------------------------------------------
              28. Execpro Services Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor......................  Execpro Services Inc.
Event Description............  Fireworks Display.
Date.........................  Week of July 4th.
Location.....................  Off-shore from Incline Village, NV.
Regulated Area...............  100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
------------------------------------------------------------------------
               29. Monte Foundation Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor......................  Monte Foundation.
Event Description............  Fireworks Display.
Date.........................  Week of Labor Day.
Location.....................  Carnelian Bay, Lake Tahoe, CA.
Regulated Area...............  100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
------------------------------------------------------------------------
               30. Sausalito Lighted Boat Parade Fireworks
------------------------------------------------------------------------
Sponsor......................  Various Sponsors.
Event Description............  Fireworks Display.
Date.........................  A Saturday or Sunday in December.
Location.....................  Off-shore from Sausalito Point,
                                Sausalito, CA.
Regulated Area...............  100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
------------------------------------------------------------------------



[[Page 5485]]

    Dated: December 13, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard,Captain of the Port San Francisco.
[FR Doc. 2017-01050 Filed 1-17-17; 8:45 am]
 BILLING CODE 9110-04-P