Safety Zones; Northern California and Lake Tahoe Area Annual Fireworks Events, San Francisco, CA, 15082-15087 [2020-05174]
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
(2) For affected Austro Engine GmbH
model E4 engines installed on Diamond
Aircraft Industries (DAI) model Diamond
Aircraft (DA) 42 NG and DA 42 M–NG
airplanes, and for Austro Engine GmbH
model E4P engines installed on DAI model
DA 62 airplanes, using AFM Temporary
¨ M–42–973, and AFM
Revision (TR) TR–MA
¨ M–62–240, both dated August 12,
TR TR–MA
2016, updating the applicable AFM is an
acceptable method to comply with paragraph
(g)(1) of this AD.
(h) Credit for Previous Actions
You may take credit for actions required by
paragraph (g) of this AD if you amended the
AFM for the affected engine before the
effective date of this AD in accordance with
AD 2018–18–02.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO 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 ECO Branch, send it to
the attention of the person identified in
paragraph (j)(1) of this AD. You may email
your request to: ANE–AD–AMOC@faa.gov.
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(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
at the FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA 01803. For information on the
availability of this material at the FAA, call
781–238–7759.
(j) Related Information
Issued on March 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(1) For more information about this AD,
contact Mehdi Lamnyi, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7743; fax: 781–238–7199; email:
Mehdi.Lamnyi@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2017–0103R1,
dated February 25, 2019, for more
information. You may examine the EASA AD
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2020–0136.
(3) For Austro Engine GmbH service
information identified in this AD, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse
11, A–2700 Weiner Neustadt, Austria; phone:
+43 2622 23000; fax: +43 2622 23000–2711;
website: www.austroengine.at. For Diamond
Aircraft Industries service information
identified in this AD, contact Diamond
Aircraft Industries, N. A., Otto-Strabe 5, A–
2700 Wiener Neustadt, A2700, Austria;
phone: +43 2622 26700; fax: +43 2622 26780;
website: www.diamondaircraft.com. You
may view this referenced service information
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[FR Doc. 2020–05290 Filed 3–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0317]
RIN 1625–AA00
Safety Zones; Northern California and
Lake Tahoe Area Annual Fireworks
Events, San Francisco, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
The Coast Guard is proposing
to amend and establish several
permanent safety zones in the Captain
of the Port San Francisco zone. This
action is necessary to provide for the
safety of life on the navigable waters of
the San Francisco Bay, Carquinez Strait,
Mare Island Strait, Sacramento River,
Lake Tahoe, and Monterrey Bay during
annual fireworks displays. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zones unless authorized by the
Captain of the Port San Francisco or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 18, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0317 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Jennae Cotton, Waterways Management,
U.S. Coast Guard; telephone 415–399–
3585, email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Fireworks displays in 33 CFR part
165.1191 are held annually on the
navigable waters within the Captain of
the Port San Francisco (COTP) zone.
After conducting a review of the
fireworks displays listed in 33 CFR part
165.1191, the specifications for eight of
the events listed in the table no longer
accurately reflect the actual event
parameters, and three annual fireworks
displays are not listed in the table. The
COTP has determined that potential
hazards associated with the fireworks
used in these displays would be a safety
concern for anyone within the safety
zones during the fireworks displays.
The purpose of this rulemaking is to
ensure safety on the navigable waters
within the safety zones for the fireworks
displays before, during, and after the
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scheduled events. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to amend
Table 1 to § 165.1191. Eight fireworks
displays will be amended, and three
fireworks displays will be added.
The fireworks events we propose to
amend are listed numerically in Table 1
of this section as item 7, ‘‘San Francisco
Independence Day Fireworks,’’ item 8,
‘‘Fourth of July Fireworks, Berkeley
Marina,’’ item 9, ‘‘Fourth of July
Fireworks, City of Richmond,’’ item 19,
‘‘Red, White, and Tahoe Blue Fireworks,
Incline Village, NV,’’ item 22, ‘‘Monte
Foundation Fireworks,’’ item 24, ‘‘San
Francisco New Years Eve Fireworks,’’
item 25, ‘‘Sacramento New Years Eve
Fireworks,’’ and item 27, ‘‘Feast of
Lanterns Fireworks.’’
The display locations for items 7, 8,
9, 25, and 27 no longer accurately reflect
the display locations for the events, so
this rule proposes to insert updated
location descriptions into the table.
The name of item 19 has changed
from ‘‘Red, White, and Tahoe Blue
Fireworks, Incline Village, NV’’ to
‘‘Incline Village Independence Day
Fireworks’’ and would be updated in
the table to reflect the name change.
The display dates listed in items 22,
24, and 27 do not accurately reflect the
display dates for the fireworks displays,
so this rule proposes to update them as
follows. Item 22, ‘‘Monte Foundation
Fireworks’’ currently states the date as
the second Saturday in October, but the
fireworks have occurred on the second
Saturday or Sunday in October. Item 24,
‘‘San Francisco New Years Eve
Fireworks’’ currently states it occurs on
New Years Eve, but the event has lasted
into the early hours of New Year’s Day,
so we propose adding January 1st as a
display date as well to be more accurate.
Item 27, ‘‘Feast of Lanterns Fireworks’’
currently states it occurs on the last
Saturday of July, but due to the variance
in the event dates, we are amending the
dates to say a Saturday or Sunday in
July. As stated in § 165.1191(a), the
Coast Guard will provide exact dates,
times, and other details concerning the
fireworks listed in table 1 to § 165.1191
in the Local Notice to Mariners at least
20 days prior to the event.
The Regulated Area description for
item 22, ‘‘Monte Foundation
Fireworks’’, would be revised to clarify
the safety zone will be in the navigable
waters around and under the Capitola
Pier.
This rule proposes to add three safety
zones covering three reoccurring
fireworks events to Table 1 in 33 CFR
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15083
165.1191. The three new fireworks
events would be listed in Table 1 of this
section as item 31, ‘‘Fourth of July
Fireworks, City of Benicia,’’ item 32,
‘‘Fourth of July Fireworks, City of
Vallejo,’’ and item 33 ‘‘Berkeley Winter
on the Waterfront Fireworks.’’ All three
of these fireworks displays occurred in
previous years 2017, 2018, and 2019.
Both the Benicia, CA fireworks and the
City of Vallejo, CA fireworks will occur
annually on the Fourth of July. The
Berkley, CA fireworks displays will
occur annually on the second Saturday
or Sunday in December. The Coast
Guard believes it is beneficial to include
these additional fireworks displays in
the list of reoccurring permanent
regulations to increase public awareness
of when safety zones would be enforced
in these marine areas. The regulatory
text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 areas of
the safety zones. Although this rule
restricts access to the waters
encompassed by the safety zones, 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 zones will result in
minimum impact. The entities most
likely to be affected are waterfront
facilities, commercial vessels, and
pleasure craft engaged in recreational
activities.
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator for the
following reasons: (i) This rule will
encompass only a small portion of each
affected waterway for a limited period
of time for each fireworks event, and (ii)
the maritime public will be advised in
advance of these safety zones via Notice
to Mariners.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This proposed rule would 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
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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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
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 made a preliminary determination
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 proposed
rule involves safety zones of limited
sizes and durations. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. We seek any
comments or information that may lead
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to the discovery of a significant
environmental impact from this
proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 is proposing
to amend 33 CFR part 165 as follows:
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
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.
27, and add Item 31, Item 32, and Item
33 in Table 1 to § 165.1191 to read as
follows:
2. Revise Item 7, Item 8, Item 9, Item
19, Items 22, Item 24, Item 25, and Item
§ 165. 1191 Northern California and Lake
Tahoe Area Annual Fireworks Events.
■
TABLE 1 TO § 165.1191
*
*
*
*
*
*
*
7. San Francisco Independence Day Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location 1 ........................................
Location 2 ........................................
Regulated Area ...............................
*
The City of San Francisco.
Fireworks Display.
July 4th.
A barge located approximately 1000 feet off San Francisco Pier 39.
A barge located approximately 700 feet off of the San Francisco Municipal Pier at Aquatic Park.
100-foot radius around each fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks
display.
*
*
*
*
*
*
8. Fourth of July Fireworks, Berkeley Marina
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Berkeley Marina.
Fireworks Display.
July 4th.
A barge located near the Berkeley Marina Pier.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks display.
*
*
*
*
*
*
9. Fourth of July Fireworks, City of Richmond
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Various Sponsors.
Fireworks Display.
Week of July 4th.
A barge located in the Richmond Harbor in Richmond, CA.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.
*
*
*
*
*
*
19. Incline Village Independence Day Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Various Sponsors.
Fireworks Display.
Week of July 4th.
500–1000 feet off Incline Village, NV in Crystal Bay.
100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks
barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1000-foot radius upon commencement of the fireworks display.
*
*
*
*
*
*
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22. Monte Foundation Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Monte Foundation.
Fireworks Display.
Second Saturday or Sunday in October.
Capitola Pier in Capitola, CA.
1000-foot radius safety zone in the navigable waters around and under the Capitola Pier.
*
*
*
*
*
24. San Francisco New Year’s Eve Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
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City of San Francisco.
Fireworks Display.
December 30th through January 1st.
1000 feet off the Embarcadero near the Ferry Plaza in San Francisco, CA.
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
TABLE 1 TO § 165.1191—Continued
Regulated Area ...............................
*
100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks
barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1000-foot radius upon commencement of the fireworks display.
*
*
*
*
*
*
25. Sacramento New Year’s Eve Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Various Sponsors.
Fireworks Display.
New Year’s Eve, December 31st.
Near the Tower Bridge, Sacramento River, Sacramento, CA.
The navigable waters of the Sacramento River within 700 feet of the two shore-based launch locations
near the Tower Bridge in Sacramento, CA and the bridge-based launch location on the Tower Bridge in
Sacramento, CA.
*
*
*
*
*
*
27. Feast of Lanterns Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
Feast of Lanterns, Inc.
Fireworks Display.
A Saturday or Sunday in July.
Near Lover’s Point Park in Pacific Grove, CA.
The area of navigable waters within a 1000-foot radius of the launch platform located on the beach near
Lover’s Point Park.
*
*
*
*
*
*
31. Benicia Fourth of July Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
City of Benicia, CA.
Fireworks Display.
July 4th.
Carquinez Strait, Benicia, CA.
1000-foot radius safety zone around the fireworks launch platform located on the Benicia First Street Pier.
*
*
*
*
*
*
32. Vallejo Fourth of July Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
City of Vallejo, CA.
Fireworks Display.
July 4th.
Mare Island Strait, Vallejo, CA.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks display.
*
*
*
*
*
*
33. Berkeley Winter on the Waterfront Fireworks
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Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
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City of Berkeley, CA.
Two Fireworks Displays.
Second Saturday or Sunday in December.
Near the entrance to the Berkeley Marina in Berkeley, CA.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 500-foot radius upon commencement of the first fireworks display and remains in effect until after the conclusion of the second fireworks display.
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Proposed Rules
Dated: March 9, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2020–05174 Filed 3–16–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 73
[Docket No. CDC–2020–0024]
RIN 0920–AA71
Possession, Use, and Transfer of
Select Agents and Toxins; Biennial
Review
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Advance notice of proposed
rulemaking and request for comments.
AGENCY:
In accordance with section
351a of the Public Health Service Act,
the Centers for Disease Control and
Prevention (CDC) in the Department of
Health and Human Services (HHS;
hereafter referred to as HHS/CDC) has
initiated a review of the HHS list of
biological agents and toxins that have
the potential to pose a severe threat to
public health and safety (HHS select
agents and toxins). This review was
initiated within two years of the
completion of the previous review. In
reviewing the list, HHS/CDC is
considering whether to propose
amending the HHS list of select agents
and toxins.
DATES: Comments should be received on
or before May 18, 2020.
ADDRESSES: You may submit comments,
identified by Docket No. CDC–2020–
0024 or Regulation Identifier Number
(RIN) 0920–AA71, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Division of Select Agents and
Toxins, Centers for Disease Control and
Prevention, 1600 Clifton Road NE,
Mailstop H21–7, Atlanta, Georgia 30329,
ATTN: RIN 0920–AA71.
Instructions: All submissions received
must include the agency name and RIN
for this rulemaking. All relevant
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket Access: For access to the
docket to read background documents
or comments received, or to download
an electronic version of the advance
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SUMMARY:
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notice of proposed rulemaking, go to
https://www.regulations.gov. Comments
will be available for public inspection
Monday through Friday, except for legal
holidays, from 9 a.m. until 5 p.m. at
1600 Clifton Road NE, Atlanta, GA,
30329. Please call ahead to 1–866–694–
4867 and ask for a representative in the
Division of Select Agents and Toxins
(DSAT) to schedule your visit. Please be
aware that comments and other
submissions from members of the public
are made available for public viewing
without changes.
FOR FURTHER INFORMATION CONTACT:
Samuel S. Edwin Ph.D., Director,
Division of Select Agents and Toxins,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE,
Mailstop H21–7, Atlanta, Georgia 30329.
Telephone: (404) 718–2000.
SUPPLEMENTARY INFORMATION: The
preamble to this advance notice of
proposed rulemaking is organized as
follows:
I. Public Participation
II. Background
III. Modifications to the List of Select Agents
and Toxins Being Considered
A. Agents and Toxins Under Consideration
i. Botulinum Neurotoxin Producing
Species of Clostridium
ii. Coxiella burnetii
iii. Rickettsia prowazekii
iv. Bacillus anthracis (Pasteur Strain)
v. Brucella Abortus, Brucella Melitensis,
and Brucella Suis
vi. Venezuelan Equine Encephalitis Virus
(VEEV) 1AB and 1C
vii. Short, Paralytic Alpha Conotoxins
viii. Diacetoxyscirpenol
ix. Staphylococcal Enterotoxins
x. New World Hantaviruses:
1. Sin Nombre Virus
2. Andes Virus
xi. Old World Hantaviruses:
1. Hantaan Virus
2. Dobrava Virus
B. Toxins Being Considered for Revision to
Exclusion Amounts (i.e., the Amount
Below Which the Toxin Is Not Subject to
Regulatory Oversight)
i. Saxitoxin
ii. Tetrodotoxin
iii. Botulinum neurotoxin
C. Designating Nipah Virus as a Tier 1
Select Agent
IV. References
I. Public Participation
Interested persons or organizations
are invited to participate by submitting
written views, recommendations, and
data. Comments are welcomed on any
topic related to this advance notice of
proposed rulemaking.
In addition, HHS/CDC invites
comments specifically as to whether
there are additional biological agents or
toxins that should be added or removed
from the HHS list of select agents and
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
15087
toxins based on the following criteria
outlined under 42 U.S.C. 262a(a)(1)(B):
(1) ‘‘The effect on human health of exposure
to the agent or toxin’’
(2) ‘‘The degree of contagiousness of the
agent or toxin and the methods by which
the agent or toxin is transferred to
humans’’
(3) ‘‘The availability and effectiveness of
pharmacotherapies to treat or
immunizations to prevent any illness
resulting from infection by the agent or
exposure to the toxin’’
(4) ‘‘Any other criteria including the needs of
children and other vulnerable
populations’’ and any other criteria that
the commenter believes should be
considered.
Comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure.
Commenters should not include any
information in their comments or
supporting materials that they consider
confidential or inappropriate for public
disclosure. HHS/CDC will carefully
consider all comments submitted.
II. Background
Under the Public Health Security and
Bioterrorism Preparedness and
Response Act of 2002 (Bioterrorism
Response Act) (42 U.S.C. 262a(a)(1)), the
HHS Secretary must establish by
regulation a list of biological agents and
toxins that have the potential to pose a
severe threat to public health and safety.
In determining whether to include a
biological agent or toxin on the list, the
Bioterrorism Response Act (42 U.S.C.
262a(a)(1)(B)) requires that the HHS
Secretary consider the following
criteria: The effect on human health of
exposure to an agent or toxin; the degree
of contagiousness of the agent and the
methods by which the agent or toxin is
transferred to humans; the availability
and effectiveness of pharmacotherapies
and immunizations to treat and prevent
illnesses resulting from an agent or
toxin; and any other criteria including
the needs of children and other
vulnerable populations that the HHS
Secretary deems relevant.
Under 42 U.S.C. 262a(a)(2), the HHS
Secretary must review and republish the
list of HHS select agents and toxins at
least biennially. For this review, HHS/
CDC evaluated as discussed below each
agent and toxin based on: The degree of
pathogenicity (ability of an organism to
cause disease); dissemination efficacy;
aerosol stability; matrix stability; ease of
production; ability to genetically
manipulate or alter; severity of illness;
case fatality rate; long-term health
effects; rate of transmission; available
treatment; status of host immunity (e.g.
whether an individual has already been
E:\FR\FM\17MRP1.SGM
17MRP1
]]>Agencies
[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Proposed Rules]
[Pages 15082-15087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05174]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0317]
RIN 1625-AA00
Safety Zones; Northern California and Lake Tahoe Area Annual
Fireworks Events, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
[[Page 15083]]
SUMMARY: The Coast Guard is proposing to amend and establish several
permanent safety zones in the Captain of the Port San Francisco zone.
This action is necessary to provide for the safety of life on the
navigable waters of the San Francisco Bay, Carquinez Strait, Mare
Island Strait, Sacramento River, Lake Tahoe, and Monterrey Bay during
annual fireworks displays. This proposed rulemaking would prohibit
persons and vessels from entering the safety zones unless authorized by
the Captain of the Port San Francisco or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 18, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0317 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone 415-399-3585, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Fireworks displays in 33 CFR part 165.1191 are held annually on the
navigable waters within the Captain of the Port San Francisco (COTP)
zone. After conducting a review of the fireworks displays listed in 33
CFR part 165.1191, the specifications for eight of the events listed in
the table no longer accurately reflect the actual event parameters, and
three annual fireworks displays are not listed in the table. The COTP
has determined that potential hazards associated with the fireworks
used in these displays would be a safety concern for anyone within the
safety zones during the fireworks displays. The purpose of this
rulemaking is to ensure safety on the navigable waters within the
safety zones for the fireworks displays before, during, and after the
scheduled events. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to amend Table 1 to Sec. 165.1191. Eight
fireworks displays will be amended, and three fireworks displays will
be added.
The fireworks events we propose to amend are listed numerically in
Table 1 of this section as item 7, ``San Francisco Independence Day
Fireworks,'' item 8, ``Fourth of July Fireworks, Berkeley Marina,''
item 9, ``Fourth of July Fireworks, City of Richmond,'' item 19, ``Red,
White, and Tahoe Blue Fireworks, Incline Village, NV,'' item 22,
``Monte Foundation Fireworks,'' item 24, ``San Francisco New Years Eve
Fireworks,'' item 25, ``Sacramento New Years Eve Fireworks,'' and item
27, ``Feast of Lanterns Fireworks.''
The display locations for items 7, 8, 9, 25, and 27 no longer
accurately reflect the display locations for the events, so this rule
proposes to insert updated location descriptions into the table.
The name of item 19 has changed from ``Red, White, and Tahoe Blue
Fireworks, Incline Village, NV'' to ``Incline Village Independence Day
Fireworks'' and would be updated in the table to reflect the name
change.
The display dates listed in items 22, 24, and 27 do not accurately
reflect the display dates for the fireworks displays, so this rule
proposes to update them as follows. Item 22, ``Monte Foundation
Fireworks'' currently states the date as the second Saturday in
October, but the fireworks have occurred on the second Saturday or
Sunday in October. Item 24, ``San Francisco New Years Eve Fireworks''
currently states it occurs on New Years Eve, but the event has lasted
into the early hours of New Year's Day, so we propose adding January
1st as a display date as well to be more accurate. Item 27, ``Feast of
Lanterns Fireworks'' currently states it occurs on the last Saturday of
July, but due to the variance in the event dates, we are amending the
dates to say a Saturday or Sunday in July. As stated in Sec.
165.1191(a), the Coast Guard will provide exact dates, times, and other
details concerning the fireworks listed in table 1 to Sec. 165.1191 in
the Local Notice to Mariners at least 20 days prior to the event.
The Regulated Area description for item 22, ``Monte Foundation
Fireworks'', would be revised to clarify the safety zone will be in the
navigable waters around and under the Capitola Pier.
This rule proposes to add three safety zones covering three
reoccurring fireworks events to Table 1 in 33 CFR 165.1191. The three
new fireworks events would be listed in Table 1 of this section as item
31, ``Fourth of July Fireworks, City of Benicia,'' item 32, ``Fourth of
July Fireworks, City of Vallejo,'' and item 33 ``Berkeley Winter on the
Waterfront Fireworks.'' All three of these fireworks displays occurred
in previous years 2017, 2018, and 2019. Both the Benicia, CA fireworks
and the City of Vallejo, CA fireworks will occur annually on the Fourth
of July. The Berkley, CA fireworks displays will occur annually on the
second Saturday or Sunday in December. The Coast Guard believes it is
beneficial to include these additional fireworks displays in the list
of reoccurring permanent regulations to increase public awareness of
when safety zones would be enforced in these marine areas. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 areas of the safety zones.
Although this rule restricts access to the waters encompassed by the
safety zones, 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 zones will result in minimum impact. The entities
most likely to be affected are waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities.
[[Page 15084]]
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator for the following reasons: (i)
This rule will encompass only a small portion of each affected waterway
for a limited period of time for each fireworks event, and (ii) the
maritime public will be advised in advance of these safety zones via
Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination 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 proposed rule involves safety
zones of limited sizes and durations. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 33 CFR part 165 as follows:
[[Page 15085]]
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. Revise Item 7, Item 8, Item 9, Item 19, Items 22, Item 24, Item 25,
and Item 27, and add Item 31, Item 32, and Item 33 in Table 1 to Sec.
165.1191 to read as follows:
Sec. 165. 1191 Northern California and Lake Tahoe Area Annual
Fireworks Events.
Table 1 to Sec. 165.1191
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
7. San Francisco Independence Day Fireworks
------------------------------------------------------------------------
Sponsor........................... The City of San Francisco.
Event Description................. Fireworks Display.
Date.............................. July 4th.
Location 1........................ A barge located approximately 1000
feet off San Francisco Pier 39.
Location 2........................ A barge located approximately 700
feet off of the San Francisco
Municipal Pier at Aquatic Park.
Regulated Area.................... 100-foot radius around each
fireworks barge during the loading,
transit, setup, and until the
commencement of the scheduled
display. Increases to a 1000-foot
radius upon commencement of the
fireworks display.
* * * * * * *
------------------------------------------------------------------------
8. Fourth of July Fireworks, Berkeley Marina
------------------------------------------------------------------------
Sponsor........................... Berkeley Marina.
Event Description................. Fireworks Display.
Date.............................. July 4th.
Location.......................... A barge located near the Berkeley
Marina Pier.
Regulated Area.................... 100-foot radius around the fireworks
barge during the loading, transit,
setup, and until the commencement
of the scheduled display. Increases
to a 1000-foot radius upon
commencement of the fireworks
display.
* * * * * * *
------------------------------------------------------------------------
9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. Week of July 4th.
Location.......................... A barge located in the Richmond
Harbor in Richmond, CA.
Regulated Area.................... 100-foot radius around the fireworks
barge during the loading, transit,
setup, and until the commencement
of the scheduled display. Increases
to a 560-foot radius upon
commencement of the fireworks
display.
* * * * * * *
------------------------------------------------------------------------
19. Incline Village Independence Day Fireworks
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. Week of July 4th.
Location.......................... 500-1000 feet off Incline Village,
NV in Crystal Bay.
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1000-foot radius
upon commencement of the fireworks
display.
* * * * * * *
------------------------------------------------------------------------
22. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor........................... Monte Foundation.
Event Description................. Fireworks Display.
Date.............................. Second Saturday or Sunday in
October.
Location.......................... Capitola Pier in Capitola, CA.
Regulated Area.................... 1000-foot radius safety zone in the
navigable waters around and under
the Capitola Pier.
* * * * * * *
------------------------------------------------------------------------
24. San Francisco New Year's Eve Fireworks
------------------------------------------------------------------------
Sponsor........................... City of San Francisco.
Event Description................. Fireworks Display.
Date.............................. December 30th through January 1st.
Location.......................... 1000 feet off the Embarcadero near
the Ferry Plaza in San Francisco,
CA.
[[Page 15086]]
Regulated Area.................... 100-foot radius around the fireworks
launch barge during the loading of
pyrotechnics aboard the fireworks
barge and during the transit of the
fireworks barge from the loading
location to the display location.
Increases to a 1000-foot radius
upon commencement of the fireworks
display.
* * * * * * *
------------------------------------------------------------------------
25. Sacramento New Year's Eve Fireworks
------------------------------------------------------------------------
Sponsor........................... Various Sponsors.
Event Description................. Fireworks Display.
Date.............................. New Year's Eve, December 31st.
Location.......................... Near the Tower Bridge, Sacramento
River, Sacramento, CA.
Regulated Area.................... The navigable waters of the
Sacramento River within 700 feet of
the two shore-based launch
locations near the Tower Bridge in
Sacramento, CA and the bridge-based
launch location on the Tower Bridge
in Sacramento, CA.
* * * * * * *
------------------------------------------------------------------------
27. Feast of Lanterns Fireworks
------------------------------------------------------------------------
Sponsor........................... Feast of Lanterns, Inc.
Event Description................. Fireworks Display.
Date.............................. A Saturday or Sunday in July.
Location.......................... Near Lover's Point Park in Pacific
Grove, CA.
Regulated Area.................... The area of navigable waters within
a 1000-foot radius of the launch
platform located on the beach near
Lover's Point Park.
* * * * * * *
------------------------------------------------------------------------
31. Benicia Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor........................... City of Benicia, CA.
Event Description................. Fireworks Display.
Date.............................. July 4th.
Location.......................... Carquinez Strait, Benicia, CA.
Regulated Area.................... 1000-foot radius safety zone around
the fireworks launch platform
located on the Benicia First Street
Pier.
* * * * * * *
------------------------------------------------------------------------
32. Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor........................... City of Vallejo, CA.
Event Description................. Fireworks Display.
Date.............................. July 4th.
Location.......................... Mare Island Strait, Vallejo, CA.
Regulated Area.................... 100-foot radius around the fireworks
barge during the loading, transit,
setup, and until the commencement
of the scheduled display. Increases
to a 1000-foot radius upon
commencement of the fireworks
display.
* * * * * * *
------------------------------------------------------------------------
33. Berkeley Winter on the Waterfront Fireworks
------------------------------------------------------------------------
Sponsor........................... City of Berkeley, CA.
Event Description................. Two Fireworks Displays.
Date.............................. Second Saturday or Sunday in
December.
Location.......................... Near the entrance to the Berkeley
Marina in Berkeley, CA.
Regulated Area.................... 100-foot radius around the fireworks
barge during the loading, transit,
setup, and until the commencement
of the scheduled display. Increases
to a 500-foot radius upon
commencement of the first fireworks
display and remains in effect until
after the conclusion of the second
fireworks display.
------------------------------------------------------------------------
[[Page 15087]]
Dated: March 9, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-05174 Filed 3-16-20; 8:45 am]
BILLING CODE 9110-04-P
