Safety Zone; Redwood City Independence Day Fireworks Display; Port of Redwood City, Redwood City, CA, 31487-31490 [2019-13948]
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Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
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).
khammond on DSKBBV9HB2PROD with RULES
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
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15:49 Jul 01, 2019
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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),
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 lasting less than two and a half
hours that would prohibit entry within
450 yards of the fireworks discharge
site.
It is categorically excluded from
further review under paragraph 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.
Yaquina Bay, within a 450-yard radius
of the fireworks discharge site located at
44°37′32″ N, 124°2′5″ W in vicinity of
Newport, OR.
(b) Regulations. 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 Captain
of the Port Columbia River or his
designated representative. Also in
accordance with § 165.23, no person
may bring into, or allow to remain in
this safety zone any vehicle, vessel, or
object unless authorized by the Captain
of the Port Columbia River or his
designated representative.
(c) Enforcement period. This section
will be enforced from 9 p.m. to 11:30
p.m. on July 4, 2019.
Dated: June 26, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2019–14075 Filed 7–1–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
G. Protest Activities
Coast Guard
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.
33 CFR Part 165
List of Subjects in 33 CFR Part 165
AGENCY:
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
ACTION:
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.T13–0520 to read as
follows:
■
§ 165.T13–0520 Safety Zone; Newport 4th
of July Fireworks, Yaquina Bay, Newport,
OR.
(a) Location. The following area is
designated a safety zone: Waters of
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31487
[Docket No. USCG–2019–0467]
RIN 1625–AA00
Safety Zone; Redwood City
Independence Day Fireworks Display;
Port of Redwood City, Redwood City,
CA
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Port of
Redwood City near the Redwood City
Turning Basin in support of the
Redwood City Independence Day
Fireworks Display on July 4, 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 9 a.m.
to 10:20 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0467 in the ‘‘SEARCH’’ box and click
SUMMARY:
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Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
‘‘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:
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
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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
April 30, 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 Redwood
City Independence Day Fireworks
Display on July 4, 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 560-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
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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 9 a.m. until 10:20 p.m. on July 4,
2019 during the loading, staging, and
transit of the fireworks barge, until
approximately 30 minutes after
completion of the fireworks display.
From 9 a.m. to 9 p.m. on July 4, 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
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 9 a.m. to 3 p.m. on July
4, 2019, at Pier 50 in San Francisco, CA.
From 3 p.m. until 6 p.m. on July 4,
2019, the barge will remain at Pier 50.
From 6 p.m. to 8:30 p.m. on July 4,
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 p.m. on July 4, 2019, 30 minutes
prior to the commencement of the 20minute Redwood City Independence
Day Fireworks Display, 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 560 feet from the circle center at
approximate position 37°30′28.5″ N,
122°12′51.5″ W (NAD 83). The safety
zone will terminate at 10:20 p.m. on
July 4, 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 site 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.
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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.
E:\FR\FM\02JYR1.SGM
02JYR1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
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).
khammond on DSKBBV9HB2PROD with RULES
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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15:49 Jul 01, 2019
Jkt 247001
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),
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.
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31489
2. Add § 165.T11–980 to read as
follows:
■
§ 165.T11–980 Safety Zone; Redwood City
Independence Day Fireworks Display, Port
of Redwood City, Redwood City, CA.
(a) Location. The following area is a
safety zone: from 9 a.m. on July 4, 2019
until 9 p.m. on July 4, 2019 the safety
zone will encompass all navigable
waters of the Port of Redwood City,
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, CA as well as during transit
to and arrival at the display location in
Redwood City, CA. Between 9 p.m. on
July 4, 2019 and 10:20 p.m. on July 4,
2019, the safety zone will expand to all
navigable waters, from surface to
bottom, within a circle formed by
connecting all points 560 feet out from
the fireworks barge in approximate
position 37°30′28.5″ N, 122°12′51.5″ 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 COTP in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart (b) 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 the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
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) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 9 a.m. on
July 4, 2019 until 10:20 p.m. on July 4,
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 33 CFR
165.7.
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Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
II. Background Information and
Regulatory History
[FR Doc. 2019–13948 Filed 7–1–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0186]
RIN 1625–AA00
Safety Zone; Missouri River, Mile
Markers 366.3 to 369.8, Kansas City,
MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Missouri River
from mile marker (MM) 366.3 to MM
369.8. This action is necessary to
provide for the safety of life on these
navigable waters near Kansas City, MO,
during an air show from July 3 through
July 7, 2019. This regulation prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative.
SUMMARY:
This rule is effective from 11
a.m. on July 3, 2019 through 7 p.m. on
July 7, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0186 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 Commander Christian
Barger, Waterways Management
Division, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2560, email Christian.J.Barger@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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On March 14, 2019, the KC Air Show
Charities notified the Coast Guard that
it would be conducting an airshow over
the Missouri River near Kansas City,
MO on July 3, 2019 from 2 p.m. to 6
p.m., July 4, 2019 from noon to 6 p.m.,
and from 2 p.m. to 6 p.m. each day from
July 5, 2019 through July 7, 2019. In
response, on April 15, 2019, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Missouri River, Mile Markers 366.3 to
369.8, Kansas City, MO (84 FR 15165).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this airshow. During the comment
period that ended on May 15, 2019, we
received 17 comments.
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. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the air
show.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with the air show to take
place from July 3, 2019 through July 7,
2019 will be a safety concern for
persons and vessels in that area. The
purpose of this rule is to ensure safety
of life on these navigable waters before,
during, and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received
seventeen comments on our NPRM
published on April 15, 2019. Six of
those commenters approved the
establishment of the safety zone in that
area. Three other commenters asked if
there was a detour around the zone. Due
to the limited width of the Missouri
River, it is not possible to navigate a
vessel around the safety zone. However,
this rule provides plenty of notice for
potential travelers to plan ahead for this
event. In addition, anyone desiring to
enter or pass through this zone, may
request permission from the COTP or a
designated representative. Such requests
will be considered on a case-by-case
basis considering all circumstances, and
mainly the safety of the requested
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passage to the vessel and the show
participants.
Three commenters asked the Coast
Guard to list examples under which a
vessel might be allowed to enter the
zone and under which it would be
excluded. One of these commenters
specifically asked how ‘‘obviously risky
vessels’’ would be treated if they request
permission to enter the zone. And the
other one asked under what
circumstances ‘‘small entities’’ would be
allowed to enter the zone. As stated
above and in the NPRM, all requests for
entry will be handled on a case-by-case
basis. Any vessel that is deemed unsafe
by the COTP or a designated
representative will not be allowed to
enter the zone. As another example, a
vessel in the state of emergency, or a
medical vessel, may be allowed to enter
the zone if it is deemed safe by the
COTP or a designated representative.
Two commenters were concerned
about the enforcement times. One of
them indicated that the enforcement
times should be tailored to the exact
length of the air show, and the other one
indicated that a bigger time cushion
would be needed it the show was
delayed. The Coast Guard agrees that
the time cushion should be provided to
account for any delays, including
weather, vessel entries, safety reasons,
etc. In response to these comments, the
Coast Guard has modified this rule’s
enforcement times to make it more
flexible. We have added another day,
July 3, 2019, during which the rule will
be enforced from 1 p.m. to 7 p.m. We
have also extended the beginning and
end of the enforcement period as
follows. Instead of noon—6 p.m. on July
4, 2019, the rule will be enforced 11
a.m.–7 p.m., and instead of 2 p.m.–6
p.m. on July 5–7, 2019, the rule will be
enforced 1 p.m.–7 p.m.
Three commenters were concerned
about business vessels that might be
unable to transit the area safely or at all.
One of these commenters asked the
Coast Guard to move the safety zone to
land. The other one suggested that the
government compensate the vessels
unable to transit the area. And the third
commenter asked if business vessels
would be safe transiting the area. The
Coast Guard cannot move the zone
because it does not have the authority
to establish a marine safety zone on
land. The comment about relief for
small entities was of general nature and
did not provide the Coast Guard with
specific information requested in the
NPRM. We asked that a business that
believes it is qualified as a small entity
and that the NPRM had a significant
economic impact on it, to provide the
Coast Guard with an explanation on
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31487-31490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13948]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0467]
RIN 1625-AA00
Safety Zone; Redwood City Independence Day Fireworks Display;
Port of Redwood City, Redwood City, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Port of Redwood City near the Redwood City
Turning Basin in support of the Redwood City Independence Day Fireworks
Display on July 4, 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 9 a.m. to 10:20 p.m. on July 4,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0467 in the ``SEARCH'' box and click
[[Page 31488]]
``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 April 30, 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 Redwood City Independence Day Fireworks Display on July 4, 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 560-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 9 a.m. until 10:20 p.m. on
July 4, 2019 during the loading, staging, and transit of the fireworks
barge, until approximately 30 minutes after completion of the fireworks
display. From 9 a.m. to 9 p.m. on July 4, 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 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 9 a.m. to 3 p.m. on July 4, 2019, at Pier 50 in
San Francisco, CA. From 3 p.m. until 6 p.m. on July 4, 2019, the barge
will remain at Pier 50. From 6 p.m. to 8:30 p.m. on July 4, 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 p.m. on July 4, 2019, 30 minutes prior to the commencement of
the 20-minute Redwood City Independence Day Fireworks Display, 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 560 feet from the circle center
at approximate position 37[deg]30'28.5'' N, 122[deg]12'51.5'' W (NAD
83). The safety zone will terminate at 10:20 p.m. on July 4, 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
site 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.
[[Page 31489]]
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),
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.T11-980 to read as follows:
Sec. 165.T11-980 Safety Zone; Redwood City Independence Day Fireworks
Display, Port of Redwood City, Redwood City, CA.
(a) Location. The following area is a safety zone: from 9 a.m. on
July 4, 2019 until 9 p.m. on July 4, 2019 the safety zone will
encompass all navigable waters of the Port of Redwood City, 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, CA as well as during transit to and arrival
at the display location in Redwood City, CA. Between 9 p.m. on July 4,
2019 and 10:20 p.m. on July 4, 2019, the safety zone will expand to all
navigable waters, from surface to bottom, within a circle formed by
connecting all points 560 feet out from the fireworks barge in
approximate position 37[deg]30'28.5'' N, 122[deg]12'51.5'' 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 COTP in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart (b) 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 the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's 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) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 9 a.m. on July 4, 2019 until 10:20 p.m.
on July 4, 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 33 CFR 165.7.
[[Page 31490]]
Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-13948 Filed 7-1-19; 8:45 am]
BILLING CODE 9110-04-P
