Safety Zone; Belvedere Island Birthday Fireworks; Richardson Bay, Belvedere, CA, 25175-25177 [2019-11410]
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khammond on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
(ii) More than three broken wires in a oneinch span of 7 × 7 cable or six broken wires
in a one-inch span of 7 × 19 cable.
(2) Within the next 90 days after the
effective date of this AD, revise the
Airworthiness Limitations section of your
maintenance program by adding the
following requirements:
(i) At the scheduled replacement of each
life-limited elevator and rudder control cable,
inspect the cable for abnormal wear at pulley
location STA 270.3.
(ii) If there is abnormal wear on the cable
at the pulley location, before further flight, in
addition to removing the life-limited cable
from service, replace the corresponding
pulley.
Issued in Kansas City, Missouri, on May
23, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy
Director, Policy and Innovation Division,
AIR–601.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590;
telephone: (516) 228–7300; fax: (516) 794–
5531; email: 9-avs-nyaco-cos@faa.gov. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
instead be accomplished using a method
approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil
Aviation (TCCA); or Viking Air Limited’s
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DAO-authorized signature.
33 CFR Part 165
(h) Related Information
(1) Refer to MCAI TCCA AD Number CF–
2018–28, dated October 15, 2018, and Viking
DHC–6 Twin Otter Service Bulletin Number:
V6/0062, dated July 31, 2017, for related
information. You may examine the MCAI on
the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2019–0410. For Viking Air Limited service
information identified in this AD, contact
Viking Air Limited Technical Support, 1959
de Havilland Way, Sidney, British Columbia,
Canada, V8L 5V5; telephone: (North
America) (800) 663–8444; fax: (250) 656–
0673; email: technical.support@
vikingair.com; internet: https://
www.vikingair.com/support/service-bulletins.
(2) For more information about this AD,
contact Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services
Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY
11590; telephone: (516) 228–7323; fax: (516)
794–5531; email: 9-avs-nyaco-cos@faa.gov.
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[FR Doc. 2019–11298 Filed 5–30–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2019–0413]
RIN 1625–AA00
Safety Zone; Belvedere Island Birthday
Fireworks; Richardson Bay, Belvedere,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Richardson Bay
500 feet west of Belvedere Island in
support of the Belvedere Island Birthday
Fireworks on June 1, 2019. This safety
zone is necessary to protect personnel,
vessels, and the marine environment
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 a designated
representative.
DATES: This rule is effective from noon
to 10:25 p.m. on June 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0413 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 Jennae
Cotton, Waterways Management, U.S.
Coast Guard; telephone (415) 399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
§ Section
U.S.C. United States Code
PO 00000
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25175
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 20, 2019, notice and comment
procedures would be impracticable in
this instance.
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 similar reasons as stated
above, notice and comment procedures
would be impractical in this instance
due to the short notice provided for this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the Belvedere
Island Birthday Fireworks on June 1,
2019, will be a safety concern for
anyone within a 100-foot radius of the
fireworks barge during loading, staging,
and transit, and anyone within a 420foot radius of the fireworks barge
starting 30 minutes before the fireworks
display is scheduled to commence and
ending 30 minutes after the conclusion
of the fireworks display. For this reason,
a safety zone is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
around the fireworks barge during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from noon until 10:25 p.m. on June 1,
2019, during the loading, staging, and
transit of the fireworks barge, until
approximately 30 minutes after
completion of the fireworks display.
From noon to 9:15 p.m. on June 1, 2019,
during the loading, staging, and transit
of the fireworks barge until 30 minutes
prior to the start of the fireworks
display, the safety zone will encompass
the navigable waters around and under
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Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
the fireworks barge, from surface to
bottom, within a circle formed by
connecting all points 100 feet out from
the fireworks barge. Loading the
pyrotechnics onto the fireworks barge is
scheduled from noon to 4 p.m. on June
1, 2019, at Pier 50 in San Francisco, CA.
From 4 p.m. to 8:15 p.m. on June 1,
2019, the barge will remain at Pier 50.
From 8:15 p.m. to 9:25 p.m. on June 1,
2019, the fireworks barge will be towed
from Pier 50 to the display location,
where it will remain until the
conclusion of the fireworks display.
At 9:15 p.m. on June 1, 2019, 30
minutes prior to the commencement of
the 10-minute Belvedere Island Birthday
Fireworks, the safety zone will increase
in size and encompass the navigable
waters around and under the fireworks
barge, from surface to bottom, within a
circle formed by connecting all points
420 feet from the circle center at
approximate position 37°52′08″ N,
122°28′18″ W (NAD 83). The safety zone
will terminate at 10:25 p.m. on June 1,
2019.
The effect of the safety zone is to
restrict navigation in the vicinity of the
fireworks loading, staging, 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.
khammond on DSKBBV9HB2PROD with RULES
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.
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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 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, 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 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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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 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
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
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 paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. 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: 46 U.S.C 70034, 70051; 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.T11–976 to read as
follows:
■
khammond on DSKBBV9HB2PROD with RULES
§ 165.T11–976 Safety Zone; Belvedere
Island Birthday Fireworks, Richardson Bay,
Belvedere, CA.
(a) Location. The following area is a
safety zone: From noon on June 1, 2019
until 9:15 p.m. on June 1, 2019 the
safety zone will encompass all navigable
waters of San Francisco Bay and
Richardson Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during the loading and staging at
Pier 50 in San Francisco, as well as
during transit to and arrival at
Belvedere, CA. Between 9:15 p.m. and
10:25 p.m. on June 1, 2019, the safety
zone will expand to all navigable
waters, from surface to bottom, within a
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15:55 May 30, 2019
Jkt 247001
circle formed by connecting all points
420 feet out from the fireworks barge in
approximate position 37°52′08″ N,
122°28′18″ W (NAD 83).
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section 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 lawful orders or
directions given to them by the COTP or
the COTP’s 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.
(d) Effective period. The zone
described in paragraph (a) of this
section will be effective and enforced
from noon on June 1, 2019 until
approximately 10:25 p.m. on June 1,
2019. The Captain of the Port San
Francisco will notify the maritime
community of periods during which
these zones will be enforced via Notice
to Mariners in accordance with § 165.7.
Dated: May 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–11410 Filed 5–30–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0408]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
AGENCY:
PO 00000
Coast Guard, DHS.
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25177
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
certain safety zones located in federal
regulations for Annual Events in the
Captain of the Port Buffalo. This action
is necessary and intended to protect the
safety of life and property on navigable
waters prior to, during, and immediately
after these events. During each
enforcement period, no person or vessel
may enter the respective safety zone
without the permission of the Captain of
the Port Buffalo.
DATES: The regulations in 33 CFR
165.939(a)(4) as listed in Table 165.939
will be enforced from 9:30 p.m. through
10:15 p.m. on June 14, 2019. The
regulations in 33 CFR 165.939(a)(5) as
listed in Table 165.939 will be enforced
from 9 p.m. through 10 p.m. on June 1,
2019. The regulations in 33 CFR
165.939(a)(6) as listed in Table 165.939
will be enforced from 8 a.m. through
5:30 p.m. on June 15, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT Sean
Dolan, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone listed in 33 CFR 165.939
for the following events:
(1) Seneca River Days, Baldwinsville,
NY; The safety zone listed in Table
165.939 as (a)(4) will be enforced from
9:30 p.m. through 10:15 p.m. on June
14, 2019 with a rain date of June 15,
2019.
(2) Flagship Niagara Mariner’s Ball
Fireworks, Erie, PA; The safety zone
listed in Table 165.939 as (a)(5) will be
enforced from 9 p.m. through 10 p.m. on
June 01, 2019.
(3) Hope Chest Buffalo Niagara
Dragon Boat Festival, Buffalo, NY; The
safety zone listed in Table 165.939 as
(a)(6) will be enforced from 8:00 a.m.
through 5:30 p.m. on June 15, 2019.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zones during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or a
designated representative. Those
seeking permission to enter the safety
zones may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zones
shall obey the directions of the Captain
of the Port Buffalo or a designated
representative. While within a safety
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25175-25177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11410]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0413]
RIN 1625-AA00
Safety Zone; Belvedere Island Birthday Fireworks; Richardson Bay,
Belvedere, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Richardson Bay 500 feet west of Belvedere Island in
support of the Belvedere Island Birthday Fireworks on June 1, 2019.
This safety zone is necessary to protect personnel, vessels, and the
marine environment 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 a designated representative.
DATES: This rule is effective from noon to 10:25 p.m. on June 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0413 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 Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone (415) 399-3585, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 20, 2019, notice and comment procedures would be
impracticable in this instance.
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 similar reasons as stated
above, notice and comment procedures would be impractical in this
instance due to the short notice provided for this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Belvedere Island Birthday Fireworks on June 1, 2019, will be a
safety concern for anyone within a 100-foot radius of the fireworks
barge during loading, staging, and transit, and anyone within a 420-
foot radius of the fireworks barge starting 30 minutes before the
fireworks display is scheduled to commence and ending 30 minutes after
the conclusion of the fireworks display. For this reason, a safety zone
is needed to protect personnel, vessels, and the marine environment in
the navigable waters around the fireworks barge during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone from noon until 10:25 p.m. on
June 1, 2019, during the loading, staging, and transit of the fireworks
barge, until approximately 30 minutes after completion of the fireworks
display. From noon to 9:15 p.m. on June 1, 2019, during the loading,
staging, and transit of the fireworks barge until 30 minutes prior to
the start of the fireworks display, the safety zone will encompass the
navigable waters around and under
[[Page 25176]]
the fireworks barge, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks barge. Loading
the pyrotechnics onto the fireworks barge is scheduled from noon to 4
p.m. on June 1, 2019, at Pier 50 in San Francisco, CA. From 4 p.m. to
8:15 p.m. on June 1, 2019, the barge will remain at Pier 50. From 8:15
p.m. to 9:25 p.m. on June 1, 2019, the fireworks barge will be towed
from Pier 50 to the display location, where it will remain until the
conclusion of the fireworks display.
At 9:15 p.m. on June 1, 2019, 30 minutes prior to the commencement
of the 10-minute Belvedere Island Birthday Fireworks, the safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 420 feet from the circle center at
approximate position 37[deg]52'08'' N, 122[deg]28'18'' W (NAD 83). The
safety zone will terminate at 10:25 p.m. on June 1, 2019.
The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, 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 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, 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 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 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 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
[[Page 25177]]
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
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. 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: 46 U.S.C 70034, 70051; 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.T11-976 to read as follows:
Sec. 165.T11-976 Safety Zone; Belvedere Island Birthday Fireworks,
Richardson Bay, Belvedere, CA.
(a) Location. The following area is a safety zone: From noon on
June 1, 2019 until 9:15 p.m. on June 1, 2019 the safety zone will
encompass all navigable waters of San Francisco Bay and Richardson Bay,
from surface to bottom, within a circle formed by connecting all points
100 feet out from the fireworks barge during the loading and staging at
Pier 50 in San Francisco, as well as during transit to and arrival at
Belvedere, CA. Between 9:15 p.m. and 10:25 p.m. on June 1, 2019, the
safety zone will expand to all navigable waters, from surface to
bottom, within a circle formed by connecting all points 420 feet out
from the fireworks barge in approximate position 37[deg]52'08'' N,
122[deg]28'18'' W (NAD 83).
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section 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 lawful orders or
directions given to them by the COTP or the COTP's 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.
(d) Effective period. The zone described in paragraph (a) of this
section will be effective and enforced from noon on June 1, 2019 until
approximately 10:25 p.m. on June 1, 2019. The Captain of the Port San
Francisco will notify the maritime community of periods during which
these zones will be enforced via Notice to Mariners in accordance with
Sec. 165.7.
Dated: May 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-11410 Filed 5-30-19; 8:45 am]
BILLING CODE 9110-04-P
