Safety Zones; Sacramento New Years Eve Fireworks Display, Sacramento River, Sacramento, CA, 210-212 [2019-28191]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2019–27864 Filed 1–2–20; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0967]
RIN 1625–AA00
Safety Zones; Sacramento New Years
Eve Fireworks Display, Sacramento
River, Sacramento, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones in the navigable waters of the
Sacramento River near River Walk Park
and the Tower Bridge in Sacramento,
CA in support of the Sacramento New
Years Eve Fireworks Display on
December 31, 2019. These safety zones
are 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 zones without permission of
the Captain of the Port or a designated
representative.
DATES: This rule is effective from 8:30
p.m. to 10 p.m. on December 31, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0967 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 Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
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 with
respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
November 5, 2019. There was
insufficient time to undergo the full
rulemaking process, including
providing a reasonable comment period
and considering those comments,
because the Coast Guard must establish
this temporary safety zone by December
31, 2019.
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 public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with the
firework display near Sacramento, CA.
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 has
determined that potential hazards
associated with the Sacramento New
Year’s Eve fireworks display on
December 31, 2019, will be a safety
concern for anyone within a 175-foot
radius of the fireworks firing sites. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters around the
fireworks firing site during the fireworks
display.
IV. Discussion of the Rule
This rule establishes three temporary
safety zones from 8:30 p.m. to 10 p.m.
on December 31, 2019. At 8:30 p.m., 30
minutes prior to the commencement of
the 20-minute fireworks display,
scheduled to being at 9:00 p.m. on
December 31, 2019, the three safety
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Sfmt 4700
zones for the Sacramento New Years
Eve Fireworks Display will encompass
the navigable waters, from surface to
bottom, around the fireworks firing sites
within three respective circles each with
a radius of 175 feet with the respective
circle centers in approximate positions:
Southern Firing Site at 38°34′50″ N,
121°30′30″ W,
Northern Firing Site at 38°35′02″ N,
121°30′40″ W, and
Near the Tower Bridge at 38°34′50″ N,
121°30′30″ W (NAD83).
The safety zones shall terminate at 10
p.m. on December 31, 2019.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the firework
display locations to ensure the safety of
participants, spectators, and transiting
vessels. 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. A ‘‘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 zones. The
COTP or the COTP’s designated
representative will notify the maritime
community of periods during which
these zones will be enforced using
information broadcasts.
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
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03JAR1
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
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safety zones. These safety zones impacts
three, 175-foot-radius circular areas of
the Sacramento River in Sacramento,
CA for 2 hours and 30 minutes. The
vessels desiring to transit through or
around the temporary safety zones may
do so upon express permission from the
COTP or the COTP’s designated
representative.
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.
While some owners or operators of
vessels intending to transit the
temporary safety zones may be small
entities, for the reasons stated in section
V.A. above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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).
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16:16 Jan 02, 2020
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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 U.S. Coast Guard
Environmental Planning Policy,
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 safety
zones lasting two hours and thirty
minutes that prevents entry to a 175foot-radius area of the Sacramento River
in Sacramento, CA. It is categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of
Department of Homeland Security
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Fmt 4700
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211
Directive 023–01. 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: 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.T11–016 to read as
follows:
■
§ 165.T11–016 Safety zones; Sacramento
New Years Eve Fireworks Display,
Sacramento River, Sacramento, CA.
(a) Location. These temporary safety
zones are established in the navigable
waters of the Sacramento River near
River Walk Park and the Tower Bridge
in Sacramento, CA as depicted in
National Oceanic and Atmospheric
Administration (NOAA) Chart 18662.
From 8:30 p.m. until 10 p.m. on
December 31, 2019, the three temporary
safety zones apply to all navigable
waters of the Sacramento River, from
surface to bottom, within three circles
each with a radius of 175 feet with
circle centers at each of the three
fireworks firing sites, near River Walk
Park and the Tower Bridge in
Sacramento, CA, in approximate
positions, respectively: Southern Firing
Site at 38°34′50″ N, 121°30′30″ W,
Northern Firing Site at 38°35′02″ N,
121°30′40″ W, and Near the Tower
Bridge at 38°34′50″ N, 121°30′30″ W
(NAD83).
(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
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
on 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 zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B, you
may not enter the safety zones described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zones are 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 zones 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 zones 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. This section
will be enforced from 8:30 p.m. until 10
p.m. on December 31, 2019.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which these zones will
be enforced in accordance with § 165.7.
Dated: December 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2019–28191 Filed 12–30–19; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0970]
RIN 1625–AA11
Regulated Navigation Area; Thea Foss,
Middle Waterway, and WheelerOsgood Waterways EPA Superfund
Cleanup Site, Commencement Bay,
Tacoma, WA
Coast Guard, DHS.
Final rule.
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AGENCY:
ACTION:
The Coast Guard is amending
the Thea Foss and Wheeler-Osgood
Regulated Navigation Area (RNA) for
Commencement Bay to establish a
permanent regulated navigation area
SUMMARY:
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16:16 Jan 02, 2020
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within the Middle Waterway. This
action is necessary to protect sediment
cap areas in the U.S. Environmental
Protection Agency’s Commencement
Bay Nearshore-Tideflats Superfund
Cleanup Site within the Middle
Waterway. This RNA would prohibit
certain activities that could disrupt the
integrity of the engineered sediment
caps placed within the Middle
Waterway.
DATES:
This rule is effective February 3,
2020.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0970 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 Petty Officer Zachary Spence,
Sector Puget Sound Waterways
Management Branch, U.S. Coast Guard;
telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 5, 2005, the Middle
Waterway Action Committee requested
the establishment of a regulated
navigation area to prohibit activities that
could compromise the integrity of the
sediment caps placed over the
contaminated sites within the Middle
Waterway. In 2006 and 2015, the Coast
Guard issued NPRMs related to this
issued but never finalized the rule. On
March 6, 2019, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Regulated
Navigation Area; Thea Foss and
Wheeler-Osgood Waterways EPA
Superfund Cleanup Site,
Commencement Bay, Tacoma, WA 84
FR 8051. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this regulated
navigation area. During the comment
period that ended April 6, 2019, we
received two comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
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(previously 33 U.S.C. 1231). The Coast
Guard District Thirteen Commander has
determined that there are potential
hazards associated with the five
Environmental Protection Agency’s
Superfund Cleanup Sites located within
the Middle Waterway. The purpose of
this rule is to ensure safety of persons
and environment within the navigable
waters of the Middle Waterway by
prohibiting activities that could
compromise the integrity of the
engineered sediment caps.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published
March 6, 2019. One comment we
received was in support of the rule.
The second comment discussed
current marine operations prohibited by
this rule, these operations include
marine piling construction, anchoring
system for a dry-dock, and other
mooring systems. The commenter
discussed these operations occur within
the proposed regulated navigation area
but outside of the five separate
contaminated sites contained within the
Middle Waterway Regulated Navigation
Area. Additionally, the comment
discussed concerns over the ingress and
egress of tugboats within the designated
area.
The Coast Guard is aware marine
operations occur within the regulated
navigation area that do disturb the
seabed outside of the contaminated
Superfund cleanup sites. In the initial
request for a regulated navigation area
submitted by the Middle Waterway
Action Committee, April 5, 2005, we
were informed of the dry-dock anchored
outside one of the sediment caps within
the waterway. The COTP, upon written
request, may authorize a waiver from
this regulation. The COTP will consult
with the Environmental Protection
Agency in making this determination
when necessary and practicable.
The vessel traffic navigating within
the regulated navigation area is not
prohibited by this regulation and
therefore falls outside the scope of this
rulemaking.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule amends the Thea Foss and
Wheeler Osgood Waterway by
establishing a permanent regulated
navigation area for the Middle
Waterway. The purpose of this rule is to
prevent the disturbance of the five
sediment caps established within the
Middle Waterway Problem Area of the
Superfund Cleanup Site that are not
geographically encompassed by the
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Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 210-212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28191]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0967]
RIN 1625-AA00
Safety Zones; Sacramento New Years Eve Fireworks Display,
Sacramento River, Sacramento, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three temporary safety zones
in the navigable waters of the Sacramento River near River Walk Park
and the Tower Bridge in Sacramento, CA in support of the Sacramento New
Years Eve Fireworks Display on December 31, 2019. These safety zones
are 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 zones without permission of the Captain of the
Port or a designated representative.
DATES: This rule is effective from 8:30 p.m. to 10 p.m. on December 31,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0967 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 Emily Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
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 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 with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until November 5, 2019. There
was insufficient time to undergo the full rulemaking process, including
providing a reasonable comment period and considering those comments,
because the Coast Guard must establish this temporary safety zone by
December 31, 2019.
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 public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the firework display near Sacramento, CA.
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 has determined that potential hazards associated with the
Sacramento New Year's Eve fireworks display on December 31, 2019, will
be a safety concern for anyone within a 175-foot radius of the
fireworks firing sites. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters around the
fireworks firing site during the fireworks display.
IV. Discussion of the Rule
This rule establishes three temporary safety zones from 8:30 p.m.
to 10 p.m. on December 31, 2019. At 8:30 p.m., 30 minutes prior to the
commencement of the 20-minute fireworks display, scheduled to being at
9:00 p.m. on December 31, 2019, the three safety zones for the
Sacramento New Years Eve Fireworks Display will encompass the navigable
waters, from surface to bottom, around the fireworks firing sites
within three respective circles each with a radius of 175 feet with the
respective circle centers in approximate positions:
Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30'' W,
Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and
Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W
(NAD83).
The safety zones shall terminate at 10 p.m. on December 31, 2019.
This regulation is needed to keep persons and vessels away from the
immediate vicinity of the firework display locations to ensure the
safety of participants, spectators, and transiting vessels. 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. A ``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 zones. The COTP or the COTP's designated representative will
notify the maritime community of periods during which these zones will
be enforced using information broadcasts.
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
[[Page 211]]
safety zones. These safety zones impacts three, 175-foot-radius
circular areas of the Sacramento River in Sacramento, CA for 2 hours
and 30 minutes. The vessels desiring to transit through or around the
temporary safety zones may do so upon express permission from the COTP
or the COTP's designated representative.
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.
While some owners or operators of vessels intending to transit the
temporary safety zones may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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 U.S. Coast Guard Environmental Planning Policy,
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 safety zones
lasting two hours and thirty minutes that prevents entry to a 175-foot-
radius area of the Sacramento River in Sacramento, CA. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of Department of Homeland Security Directive 023-01. 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: 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.T11-016 to read as follows:
Sec. 165.T11-016 Safety zones; Sacramento New Years Eve Fireworks
Display, Sacramento River, Sacramento, CA.
(a) Location. These temporary safety zones are established in the
navigable waters of the Sacramento River near River Walk Park and the
Tower Bridge in Sacramento, CA as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18662. From 8:30 p.m. until 10
p.m. on December 31, 2019, the three temporary safety zones apply to
all navigable waters of the Sacramento River, from surface to bottom,
within three circles each with a radius of 175 feet with circle centers
at each of the three fireworks firing sites, near River Walk Park and
the Tower Bridge in Sacramento, CA, in approximate positions,
respectively: Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30''
W, Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and
Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W (NAD83).
(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
[[Page 212]]
on 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 zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B, you may not enter the safety zones described in paragraph
(a) of this section unless authorized by the COTP or the COTP's
designated representative.
(2) The safety zones are 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
zones 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 zones 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. This section will be enforced from 8:30
p.m. until 10 p.m. on December 31, 2019.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which these zones will be enforced in accordance with Sec. 165.7.
Dated: December 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-28191 Filed 12-30-19; 4:15 pm]
BILLING CODE 9110-04-P