Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port Zone., 29397-29398 [2017-13649]
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
Commission’s rules or regulations,
orders, approvals, docket conditions, or
any other requirements of the
Commission.
(d) It shall be the duty of any person
to proceed diligently to comply with
any order issued pursuant to this
section.
(e) The Commission or Executive
Director may enter into a Consent Order
and Agreement with an alleged violator
to resolve non-compliant operations and
enforcement proceedings in conjunction
with or separately from settlement
agreements under § 808.18.
■ 21. Revise § 808.15 to read as follows:
§ 808.15
Show cause proceeding.
(a) The Executive Director may issue
an order requiring an alleged violator to
show cause why a penalty should not be
assessed in accordance with the
provisions of this chapter and section
15.17 of the compact. The order to the
alleged violator shall:
(1) Specify the nature and duration of
violation(s) that is alleged to have
occurred.
(2) Set forth the date by which the
alleged violator must provide a written
response to the order.
(3) Identify the civil penalty
recommended by Commission staff.
(b) The written response by the
project sponsor should include the
following:
(1) A statement whether the project
sponsor contests that the violations
outlined in the Order occurred;
(2) If the project sponsor contests the
violations, then a statement of the
relevant facts and/or law providing the
basis for the project sponsor’s position;
(3) Any mitigating factors or
explanation regarding the violations
outlined in the Order; and
(4) A statement explaining what the
appropriate civil penalty, if any, should
be utilizing the factors at § 808.16.
(c) Based on the information
presented and any relevant policies,
guidelines or law, the Executive
Director shall make a written finding
affirming or modifying the civil penalty
recommended by Commission staff.
■ 22. Amend § 808.16 by revising
paragraphs (a) introductory text and
(a)(7), adding paragraph (a)(8), and
revising paragraph (b) to read as follows:
nlaroche on DSK30NT082PROD with RULES
§ 808.16
Civil penalty criteria.
(a) In determining the amount of any
civil penalty or any settlement of a
violation, the Commission and
Executive Director shall consider:
*
*
*
*
*
(7) The length of time over which the
violation occurred and the amount of
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15:31 Jun 28, 2017
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water used, diverted or withdrawn
during that time period.
(8) The punitive effect of a civil
penalty.
(b) The Commission and/or Executive
Director retains the right to waive any
penalty or reduce the amount of the
penalty recommended by the
Commission staff under § 808.15(a)(3)
should it be determined, after
consideration of the factors in paragraph
(a) of this section, that extenuating
circumstances justify such action.
■
23. Revise § 808.17 to read as follows:
§ 808.17 Enforcement of penalties,
abatement or remedial orders.
Any penalty imposed or abatement or
remedial action ordered by the
Commission or the Executive Director
shall be paid or completed within such
time period as shall be specified in the
civil penalty assessment or order. The
Executive Director and Commission
counsel are authorized to take such
additional action as may be necessary to
assure compliance with this subpart. If
a proceeding before a court becomes
necessary, the penalty amount
determined in accordance with this part
shall constitute the penalty amount
recommended by the Commission to be
fixed by the court pursuant to section
15.17 of the compact.
■
24. Revise § 808.18 to read as follows:
§ 808.18
Settlement by agreement.
(a) An alleged violator may offer to
settle an enforcement action by
agreement. The Executive Director may
enter into settlement agreements to
resolve an enforcement action. The
Commission may, by Resolution, require
certain types of enforcement actions or
settlements to be submitted to the
Commission for action or approval.
(b) In the event the violator fails to
carry out any of the terms of the
settlement agreement, the Commission
or Executive Director may reinstitute a
civil penalty action and any other
applicable enforcement action against
the alleged violator.
Dated: June 21, 2017.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2017–13324 Filed 6–28–17; 8:45 am]
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29397
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0531]
Safety Zone; Southern California
Annual Firework Events for the San
Diego Captain of the Port Zone.
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for the San Diego, CA
POPS Fireworks Display on the waters
of San Diego Bay, CA on specific
evenings from June 30, 2017 to
September 3, 2017. This safety zone is
necessary to provide for the safety of the
participants, spectators, official vessels
of the events, and general users of the
waterway. Our regulation for the
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated area
for the events. During the enforcement
period, no spectators shall anchor,
block, loiter in, or impede the transit of
official patrol vessels in the regulated
area without the approval of the Captain
of the Port, or designated representative.
DATES: The regulations in 33 CFR
165.1123, Table 1, Item 1 will be
enforced from 9 p.m. through 10 p.m. on
June 30 through July 2, July 7 and July
8, July 14 and July 15, July 28, August
4 and August 5, August 18 and August
19, August 25 and August 26, and
September 1 through September 3, 2017
for Item 1 in Table 1 of 33 CFR
165.1123.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this publication,
call or email LT Robert Cole, Waterways
Management, U.S. Coast Guard Sector
San Diego, CA; telephone 619–278–
7656, email D11MarineEventsSD@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the regulations in 33
CFR 165.1123 for a safety zone on the
waters of San Diego Bay, CA for the San
Diego, CA POPS Fireworks Display in
33 CFR 165.1123, Table 1, Item 1 of that
section, from 9 p.m. through 10 p.m. on
specific evenings from June 30, 2017 to
September 3, 2017. This action is being
taken to provide for the safety of life on
navigable waterways during the
fireworks events. Our regulation for
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated areas
for the events. Under the provisions of
SUMMARY:
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29398
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
33 CFR 165.1123, a vessel may not enter
the regulated area, unless it receives
permission from the Captain of the Port,
or his designated representative.
Spectator vessels may safely transit
outside the regulated area but may not
anchor, block, loiter, or impede the
transit of participants or official patrol
vessels. The Coast Guard may be
assisted by other Federal, state, or local
law enforcement agencies in enforcing
this regulation.
This document is issued under
authority of 33 CFR 165.1123 and 5
U.S.C. 552 (a). In addition to this
document in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners and local advertising
by the event sponsor.
If the Captain of the Port or his
designated representative determines
that the regulated area need not be
enforced for the full duration stated on
this document, he or she may use a
Broadcast Notice to Mariners or other
communications coordinated with the
event sponsor to grant general
permission to enter the regulated area.
Dated: June 16, 2017.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2017–13649 Filed 6–28–17; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0321]
RIN 1625–AA00
Safety Zone: San Francisco
Independence Day Fireworks Display,
San Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing temporary safety zones in
the navigable waters of the San
Francisco Bay near Aquatic Park in
support of the San Francisco Fourth of
July Fireworks Display on July 4, 2017.
These safety zones are established to
ensure the safety of 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 zones without
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SUMMARY:
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15:31 Jun 28, 2017
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This rule is effective on from
July 3 to July 4, 2017. This rule will be
enforced from 9 a.m. on July 3, 2017
through 10:30 p.m. on July 4, 2017.
DATES:
Documents mentioned in
this preamble are part of docket USCG–
2017–0321. 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.
ADDRESSES:
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 or
email at D11-PF-MarineEvents@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
COTP U.S. Coast Guard Captain on the
Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rule Making
PATCOM U.S. Coast Guard Patrol
Commander
APA Administrative Procedure Act
NOAA National Oceanic and
Atmospheric Administration
U.S.C. United States Code
II. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
permission of the Captain of the Port or
their designated representative.
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.’’
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a NPRM. Publishing
an NPRM would be impractical because
it must be in place by the date of the
event, July 3, 2017.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For these same reasons, the
Coast Guard finds good cause for
implementing this rule less than thirty
days before the effective date.
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III. Legal Authority and Need for Rule
The legal basis for the proposed rule
is 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, which
collectively authorize the Coast Guard
to establish safety zones.
San Francisco Travel Association will
sponsor the San Francisco
Independence Day Fireworks Display on
July 4, 2017, near Aquatic Park in San
Francisco, CA in approximate positions
37°48′49″ N., 122°24′46′ W. and
37°48′45″ N., 122°25′39″ W. (NAD83) as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18650.
Loading of the pyrotechnics onto the
fireworks barges is scheduled to take
place from 9 a.m. on July 3, 2017 until
5 p.m. on July 4, 2017, at Pier 50 in San
Francisco, CA. The fireworks barges will
remain at Pier 50 until their transit to
the respective display locations. Towing
of the barges from Pier 50 to the display
locations is scheduled to take place
from 7:30 p.m. until 8:15 p.m. on July
4, 2017 where they will remain until the
conclusion of the fireworks display.
IV. Discussion of the Rule
The Coast Guard will enforce the San
Francisco Independence Day Fireworks
Display safety zones from 9 a.m. on July
3, 2017 through 10:30 p.m. on July 4,
2017.
These safety zones establish
temporary restricted areas on the
navigable waters within 100 feet of the
fireworks barges during the loading,
transit, and arrival of the pyrotechnics
from the loading site to the display
launch locations and until 15 minutes
prior to the commencement of the
fireworks display. 15 minutes prior to
the commencement of the fireworks
display, the safety zones will increase in
size and encompass the navigable
waters around the fireworks barges
within a radius of 700 feet. The
fireworks display is meant for
entertainment purposes. These
restricted areas around the fireworks
barges are necessary to protect
spectators, vessels, and other property
from the hazards associated with
pyrotechnics.
During the loading, transit, and until
15 minutes prior to the start of the
fireworks display, the safety zones
apply to the navigable waters around
and under the fireworks barges within a
radius of 100 feet. At 9:15 p.m. on July
4, 2017, 15 minutes prior to the
commencement of the 30-minute
fireworks display, the safety zones will
increase in size and encompass the
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[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29397-29398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13649]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0531]
Safety Zone; Southern California Annual Firework Events for the
San Diego Captain of the Port Zone.
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for the San Diego,
CA POPS Fireworks Display on the waters of San Diego Bay, CA on
specific evenings from June 30, 2017 to September 3, 2017. This safety
zone is necessary to provide for the safety of the participants,
spectators, official vessels of the events, and general users of the
waterway. Our regulation for the Southern California Annual Firework
Events for the San Diego Captain of the Port Zone identifies the
regulated area for the events. During the enforcement period, no
spectators shall anchor, block, loiter in, or impede the transit of
official patrol vessels in the regulated area without the approval of
the Captain of the Port, or designated representative.
DATES: The regulations in 33 CFR 165.1123, Table 1, Item 1 will be
enforced from 9 p.m. through 10 p.m. on June 30 through July 2, July 7
and July 8, July 14 and July 15, July 28, August 4 and August 5, August
18 and August 19, August 25 and August 26, and September 1 through
September 3, 2017 for Item 1 in Table 1 of 33 CFR 165.1123.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
publication, call or email LT Robert Cole, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone 619-278-7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations
in 33 CFR 165.1123 for a safety zone on the waters of San Diego Bay, CA
for the San Diego, CA POPS Fireworks Display in 33 CFR 165.1123, Table
1, Item 1 of that section, from 9 p.m. through 10 p.m. on specific
evenings from June 30, 2017 to September 3, 2017. This action is being
taken to provide for the safety of life on navigable waterways during
the fireworks events. Our regulation for Southern California Annual
Firework Events for the San Diego Captain of the Port Zone identifies
the regulated areas for the events. Under the provisions of
[[Page 29398]]
33 CFR 165.1123, a vessel may not enter the regulated area, unless it
receives permission from the Captain of the Port, or his designated
representative. Spectator vessels may safely transit outside the
regulated area but may not anchor, block, loiter, or impede the transit
of participants or official patrol vessels. The Coast Guard may be
assisted by other Federal, state, or local law enforcement agencies in
enforcing this regulation.
This document is issued under authority of 33 CFR 165.1123 and 5
U.S.C. 552 (a). In addition to this document in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
If the Captain of the Port or his designated representative
determines that the regulated area need not be enforced for the full
duration stated on this document, he or she may use a Broadcast Notice
to Mariners or other communications coordinated with the event sponsor
to grant general permission to enter the regulated area.
Dated: June 16, 2017.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2017-13649 Filed 6-28-17; 8:45 am]
BILLING CODE 9110-04-P
