Safety Zones; San Francisco, CA, 15635-15637 [2017-06287]
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Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Rules and Regulations
III. Legal Authority and Need for Rule
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is adding,
amending, and deleting 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 changes will update listed events
to accurately reflect the firework display
locations. This regulation prohibits 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.
DATES: This rule is effective May 1,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0836 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 Christina
Ramirez, U.S. Coast Guard Sector San
Francisco; telephone 415–399–2001,
email D11-PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
jstallworth on DSK7TPTVN1PROD with RULES
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 18, 2017 we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zones; San Francisco,
CA, in the Federal Register (83 FR
5482). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to the amended fireworks safety zones.
We received no adverse comments on
the NPRM nor did we receive a request
for public meeting. A public meeting
was not held.
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The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the current
outdated fireworks events, if not
updated, pose safety concerns for event
crew, spectators, participants of the
event, participating vessels, and other
users and vessels of the waterway. One
of the published annual fireworks
events that requires 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. Safety zones which accurately
reflect the location of each event 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
adverse comments on our NPRM
published on January 18, 2017. We
received one comment supporting the
Coast Guard’s efforts to safeguard
vessels. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule amends Table 1 in § 1191 to
update one event to reflect the current
event location, delete one event
fireworks event which has not occurred
since 2009, and permanently publish
three annual events. These events are
listed numerically in Table 1 of this
section: Respectively items (9), (2), and
the addition of (28), (29), and (30).
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
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15635
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
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
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Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Rules and Regulations
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 (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. 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 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 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 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
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 rule involves a safety
zones lasting less than 1 hour that
would prohibit entry within a radial
distance of no more than 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 rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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.
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]
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*
*
*
*
9. Fourth of July Fireworks, City of Richmond
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
VerDate Sep<11>2014
14:26 Mar 29, 2017
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.
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Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Rules and Regulations
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 ...........................................
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.
30. Sausalito Lighted Boat Parade Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
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.
Dated: March 9, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port of San Francisco.
[FR Doc. 2017–06287 Filed 3–29–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Gulf of Mexico, Apalachicola Bay, East
Bay, St. Andrew Bay and St. Andrew
Sound at Tyndall Air Force Base,
Florida; Restricted Areas
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers (Corps) is amending its
regulations by revising an existing
restricted area regulation and
establishing a new restricted area along
portions of the Tyndall Air Force Base
(AFB) facility shoreline that will be
activated on a temporary basis. The
duration of temporary restricted area
activations will be limited to those
periods where it is warranted or
required by specific and credible
security threats and will be inactive at
all other times. The restricted area will
be partitioned using 23 pairs of
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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14:26 Mar 29, 2017
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coordinates to facilitate quick
geographic recognition. Tyndall AFB is
surrounded on three sides by water with
approximately 129 miles of unprotected
coastline. This includes several areas
where the lack of security or lack of
restriction on access to these areas
leaves Tyndall AFB personnel and
resources vulnerable to security threats.
This amendment is necessary to
implement an enhanced threat security
plan for Tyndall AFB which will allow
temporary activation of one or more
portions of the restricted area as
necessary to provide the appropriate
level of security required to address the
specific and credible threat triggering
the need for activation.
DATES: Effective: May 1, 2017.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO (David B.
Olson), 441 G Street NW., Washington,
DC 20314–1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Ed Sarfert, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 850–439–9533.
SUPPLEMENTARY INFORMATION:
Executive Summary
External reviews of security at
Tyndall AFB identified the lack of
jurisdiction to respond to threats from
the waterways as a major weakness.
Tyndall AFB does not currently have
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the authority to restrict access to the
shoreline of Tyndall AFB if needed to
respond to a security threat. The
purpose of this regulatory action is to
establish a restricted area in the waters
surrounding portions of Tyndall AFB
that will only be activated on a
temporary basis in response to specific
and credible security threats.
Additionally this amendment provides
an administrative correction to the
existing regulation at 33 CFR 334.660.
The Corps’ authority to establish the
restricted area is Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat 266;
33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3).
Background
Pursuant to its authorities in Section
7 of the Rivers and Harbors Act of 1917
(40 Stat 266; 33 U.S.C. 1) and Chapter
XIX of the Army Appropriations Act of
1919 (40 Stat 892; 33 U.S.C. 3) the Corps
is amending the regulations at 33 CFR
part 334 by adding § 334.665 and
revising § 334.660. Adding § 334.665
will establish a restricted area in the
waters surrounding Tyndall AFB. This
amendment will allow the Installation
Commander, Tyndall AFB to
temporarily restrict the passage of
persons, watercraft, and vessels in
waters contiguous to this facility when
a specific and credible security threat is
identified, providing greater security for
personnel and equipment during those
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[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15635-15637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06287]
[[Page 15635]]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adding, amending, and deleting 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 changes will update listed events to
accurately reflect the firework display locations. This regulation
prohibits 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.
DATES: This rule is effective May 1, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0836 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 Christina Ramirez, U.S. Coast
Guard Sector San Francisco; telephone 415-399-2001, 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 18, 2017 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; San Francisco, CA, in the Federal
Register (83 FR 5482). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to the
amended fireworks safety zones. We received no adverse comments on the
NPRM nor did we receive a request for public meeting. A public meeting
was not held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port San Francisco (COTP) has determined that
potential hazards associated with the current outdated fireworks
events, if not updated, pose safety concerns for event crew,
spectators, participants of the event, participating vessels, and other
users and vessels of the waterway. One of the published annual
fireworks events that requires 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.
Safety zones which accurately reflect the location of each event 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no adverse comments on our NPRM
published on January 18, 2017. We received one comment supporting the
Coast Guard's efforts to safeguard vessels. There are no changes in the
regulatory text of this rule from the proposed rule in the NPRM.
This rule amends Table 1 in Sec. 1191 to update one event to
reflect the current event location, delete one event fireworks event
which has not occurred since 2009, and permanently publish three annual
events. These events are listed numerically in Table 1 of this section:
Respectively items (9), (2), and the addition of (28), (29), and (30).
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
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
[[Page 15636]]
operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above this rule will not have a significant economic impact on any
vessel owner or operator.
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 (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. 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 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 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 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
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 rule involves a safety zones lasting less than 1 hour
that would prohibit entry within a radial distance of no more than
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 rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
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: 33 U.S.C. 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.
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
* * * * *
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------------------------------------------------------------------------
* * * * * * *
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2. [Reserved]
------------------------------------------------------------------------
* * * * * * *
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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.
[[Page 15637]]
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.
------------------------------------------------------------------------
Dated: March 9, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port of San Francisco.
[FR Doc. 2017-06287 Filed 3-29-17; 8:45 am]
BILLING CODE 9110-04-P
