Safety Zone: San Francisco Giants Fireworks Display, San Francisco Bay, San Francisco, CA, 29005-29007 [2018-13421]
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. USCG–2018–0426]
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, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0123 to read as
follows:
■
daltland on DSKBBV9HB2PROD with RULES
(a) Location. The following area is a
safety zone: All navigable waters of
Lavaca Bay encompassing a 500 feet of
the fireworks launch location at Point
Comfort Bayfront Park in the
approximate position 28°40′52.93″ N,
096°33′47.723″ W, Point Comfort, TX.
(b) Effective period. This section is
effective from 7:30 p.m. through 9:30
p.m. on June 30, 2018.
(c) Enforcement period. This section
will be enforced from 7:30 p.m. through
9:30 p.m. on June 30, 2018.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Corpus Christi.
(2) Persons or vessels seeking to enter
the safety zone must request permission
from the COTP or a designated
representative on VHF–FM channel 16
or by telephone at 361–939–0450.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
[FR Doc. 2018–13428 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
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Recurring Safety Zone; EQT 4th of July
Celebration, Pittsburgh, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the EQT 4th of July
Celebration to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio, Allegheny, and Monongahela
Rivers during this event. Our regulation
for marine events within the Eighth
Coast Guard District identifies the
regulated area for this event in
Pittsburgh, PA. During the enforcement
periods, entry into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
SUMMARY:
§ 165.T08–0123 Safety Zone; Lavaca Bay,
Point Comfort, TX.
Dated: June 15, 2018.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
33 CFR Part 165
The regulations in 33 CFR
165.801, Table 1, Line 47, will be
enforced from 9 p.m. through 11 p.m. on
July 4, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
Charles Morris, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email Charles.F.Morris@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
EQT 4th of July Celebration in 33 CFR
165.801, Table 1, Line 47, from 9 p.m.
through 11 p.m. on July 4, 2018. This
action is being taken to provide for the
safety of persons, vessels, and the
marine environment on navigable
waters of the Ohio, Allegheny, and
Monongahela Rivers during this event.
Our regulation for marine events within
the Eighth Coast Guard District,
§ 165.801, specifies the location of the
safety zone for the EQT 4th of July
Celebration, which covers a less than
one-mile stretch of the Ohio, Allegheny,
and Monongahela Rivers. Entry into the
safety zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. Persons or
vessels desiring to enter the safety zone
must request permission from the COTP
or a designated representative. They can
be reached on VHF FM channel 16. If
permission is granted, all persons and
DATES:
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29005
vessels shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of enforcement.
Dated: June 15, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–13393 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0507]
RIN 1625–AA00
Safety Zone: San Francisco Giants
Fireworks Display, San Francisco Bay,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone in the navigable waters of the San
Francisco Bay near AT&T Park in
support of the San Francisco Giants
Fireworks Display on June 22, 2018.
This safety zone is 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 zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective from 11:00
a.m. to 10:45 p.m. on June 22, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0507. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Emily
SUMMARY:
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443 or
email at D11-PF-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol
Commander
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast
Guard received notice of this event on
May 26, 2018, notice and comment
procedures would be impracticable in
this instance.
For similar reasons as those stated
above, 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.
daltland on DSKBBV9HB2PROD with RULES
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 (COTP) San
Francisco has determined that potential
hazards associated with the planned
fireworks display on June 22, 2018, will
be a safety concern for anyone within a
100-foot radius of the fireworks barge
and anyone within a 700-foot radius of
the fireworks firing site. This rule is
needed to protect spectators, vessels,
and other property from hazards
associated with pyrotechnics.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone during the loading and
transit of the fireworks barge, until after
completion of the fireworks display.
During the loading of the pyrotechnics
onto the fireworks barge, scheduled to
take place from 11:00 a.m. to 5:00 p.m.
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on June 22, 2018, at Pier 50 in San
Francisco, CA, the safety zone will
encompass the navigable waters around
and under the fireworks barge within a
radius of 100 feet.
The fireworks barge will remain at
Pier 50 until the start of its transit to the
display location. Towing of the barge
from Pier 50 to the display location is
scheduled to take place from 8:30 p.m.
to 9:00 p.m. on June 22, 2018, where it
will remain until the conclusion of the
fireworks display.
At 9:30 p.m. on June 22, 2018, 30
minutes prior to the commencement of
the 15-minute fireworks display, the
safety zone will increase in size and
encompass the navigable waters around
and under the fireworks barge within a
radius of 700 feet in approximate
position 37°46′36″ N, 122°22′56″ W
(NAD 83) for the San Francisco Giants
Fireworks Display. The safety zone shall
terminate at 10:45 p.m. on June 22,
2018.
The effect of the temporary safety
zone is to restrict navigation in the
vicinity of the fireworks loading, transit,
and firing site. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
the restricted areas. These regulations
are needed to keep spectators and
vessels away from the immediate
vicinity of the fireworks firing sites to
ensure the safety of participants,
spectators, and transiting vessels.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
PO 00000
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safety zone. Although this rule restricts
access to the waters encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterway users will be notified via
public Broadcast Notice to Mariners to
ensure the safety zone will result in
minimum impact. The entities most
likely to be affected are waterfront
facilities, commercial vessels, and
pleasure craft engaged in recreational
activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: Owners and operators of
waterfront facilities, commercial
vessels, and pleasure craft engaged in
recreational activities and sightseeing, if
these facilities or vessels are in the
vicinity of the safety zone at times when
this zone is being enforced. This rule
will not have a significant economic
impact on a substantial number of small
entities for the following reasons: (i)
This rule will encompass only a small
portion of the waterway for a limited
period of time, and (ii) the maritime
public will be advised in advance of
these safety zones via Broadcast Notice
to Mariners.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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 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 M16475.1D,
which guide the Coast Guard in
complying with the National
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Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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, and 160.5;
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T11–928 to read as
follows:
■
§ 165.T11–928 Safety Zone; San Francisco
Giants Fireworks Display, San Francisco
Bay, San Francisco, CA.
(a) Location. The following area is a
safety zone: All navigable waters of the
San Francisco Bay within 100 feet of the
fireworks barge during loading at Pier
50, as well as transit and arrival near
AT&T Park in San Francisco, CA. From
11:00 a.m. until approximately 5:00
p.m. on June 22, 2018, the fireworks
barge will be loading at Pier 50 in San
Francisco, CA. The safety zone will
expand to all navigable waters around
and under the firework barge within a
radius of 700 feet in approximate
position 37°46′36″ N, 122°22′56″ W
(NAD 83), 30 minutes prior to the start
of the 15 minute fireworks display,
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29007
scheduled to begin at 10:00 p.m. on June
22, 2018.
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 11:00 a.m.
until approximately 10:45 p.m. June 22,
2018. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which these zones will be enforced via
Broadcast Notice to Mariners in
accordance with § 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in subpart C of this part,
entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: June 18, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2018–13421 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0523]
RIN 1625–AA00; 1625–AA11
Regulated Navigation Area and Safety
Zone, Harlem River and Hudson River,
Manhattan, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29005-29007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13421]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0507]
RIN 1625-AA00
Safety Zone: San Francisco Giants Fireworks Display, San
Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the navigable waters of the San Francisco Bay near AT&T Park in
support of the San Francisco Giants Fireworks Display on June 22, 2018.
This safety zone is 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 zone without permission
of the Captain of the Port or their designated representative.
DATES: This rule is effective from 11:00 a.m. to 10:45 p.m. on June 22,
2018.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0507. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Emily
[[Page 29006]]
Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443
or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on May 26, 2018, notice and comment procedures would be
impracticable in this instance.
For similar reasons as those stated above, 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.
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 (COTP) San Francisco has determined that
potential hazards associated with the planned fireworks display on June
22, 2018, will be a safety concern for anyone within a 100-foot radius
of the fireworks barge and anyone within a 700-foot radius of the
fireworks firing site. This rule is needed to protect spectators,
vessels, and other property from hazards associated with pyrotechnics.
IV. Discussion of the Rule
This rule establishes a temporary safety zone during the loading
and transit of the fireworks barge, until after completion of the
fireworks display. During the loading of the pyrotechnics onto the
fireworks barge, scheduled to take place from 11:00 a.m. to 5:00 p.m.
on June 22, 2018, at Pier 50 in San Francisco, CA, the safety zone will
encompass the navigable waters around and under the fireworks barge
within a radius of 100 feet.
The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 8:30 p.m. to 9:00
p.m. on June 22, 2018, where it will remain until the conclusion of the
fireworks display.
At 9:30 p.m. on June 22, 2018, 30 minutes prior to the commencement
of the 15-minute fireworks display, the safety zone will increase in
size and encompass the navigable waters around and under the fireworks
barge within a radius of 700 feet in approximate position
37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83) for the San Francisco
Giants Fireworks Display. The safety zone shall terminate at 10:45 p.m.
on June 22, 2018.
The effect of the temporary safety zone is to restrict navigation
in the vicinity of the fireworks loading, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted areas. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the fireworks firing
sites to ensure the safety of participants, spectators, and transiting
vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified via public Broadcast Notice
to Mariners to ensure the safety zone will result in minimum impact.
The entities most likely to be affected are waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones via Broadcast Notice to Mariners.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's
[[Page 29007]]
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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 M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone of limited size and duration. It is
categorically excluded from further review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T11-928 to read as follows:
Sec. 165.T11-928 Safety Zone; San Francisco Giants Fireworks Display,
San Francisco Bay, San Francisco, CA.
(a) Location. The following area is a safety zone: All navigable
waters of the San Francisco Bay within 100 feet of the fireworks barge
during loading at Pier 50, as well as transit and arrival near AT&T
Park in San Francisco, CA. From 11:00 a.m. until approximately 5:00
p.m. on June 22, 2018, the fireworks barge will be loading at Pier 50
in San Francisco, CA. The safety zone will expand to all navigable
waters around and under the firework barge within a radius of 700 feet
in approximate position 37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83),
30 minutes prior to the start of the 15 minute fireworks display,
scheduled to begin at 10:00 p.m. on June 22, 2018.
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 11:00 a.m. until approximately 10:45 p.m.
June 22, 2018. The Captain of the Port San Francisco (COTP) will notify
the maritime community of periods during which these zones will be
enforced via Broadcast Notice to Mariners in accordance with Sec.
165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in subpart C of
this part, entry into, transiting or anchoring within this safety zone
is prohibited unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: June 18, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-13421 Filed 6-21-18; 8:45 am]
BILLING CODE 9110-04-P
