Safety Zone; Tiburon Wedding Fireworks Display, Richardson Bay, Tiburon, CA, 43122-43124 [2020-15431]
Download as PDF
43122
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
will be enforced from 9:45 p.m. through
10:45 p.m. on July 03, 2020.
The regulations in 33 CFR
165.939(b)(28) as listed in Table 165.939
will be enforced from 9 p.m. until 10
p.m. on July 25, 2020 and 9 p.m. until
10 p.m. on July 26, 2020.
The regulations in 33 CFR
165.939(c)(5) as listed in Table 165.939
will be enforced from 10:45 a.m. until
8:15 p.m. on August 09, 2020.
The regulations in 33 CFR
165.939(b)(29) as listed in Table 165.939
will be enforced from 9 p.m. through
10:15 p.m. on July 05, 2020 with a rain
date of July 06, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, contact LT Sean Dolan,
Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo via
telephone 716–843–9322 or email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone listed in 33 CFR 165.939
for the following events:
1. Village Fireworks, Sodus Point, NY;
The safety zone listed in Table 165.939
as (b)(22) will be enforced within a 560foot radius of position 43°16′33″ N,
076°58′27″ W, from 9:30 p.m. until
10:30 p.m. on July 03, 2020.
2. Tom Graves Memorial Fireworks,
Port Bay, NY; The safety zone listed in
Table 165.939 as (b)(27) will be enforced
within a 420-foot radius of position
43°17′54.2″ N, 076°49′50.9″ W from 9:45
p.m. through 10:45 p.m. on July 03,
2020.
3. Oswego Harborfest, Oswego, NY;
The safety zone listed in Table 165.939
as (b)(28) will be enforced from 9:00
p.m. until 10:00 p.m. on July 25, 2020
and 9:00 p.m. until 10:00 p.m. on July
26, 2020.
4. Ski Show Sylvan Beach, Sylvan
Beach, NY; The safety zone listed in
Table 165.939 as (c)(5) will be enforced
from 10:45 a.m. until 8:15 p.m. on
August 09, 2020.
5. Oswego Independence Day
Celebration Fireworks, Oswego, NY; The
safety zone listed in Table 165.939 as
(b)(29) will be enforced from 9 p.m.
through 10:15 p.m. on July 05, 2020
with a rain date of July 06, 2019.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or her
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
VerDate Sep<11>2014
16:25 Jul 15, 2020
Jkt 250001
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Buffalo or her designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552 (a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice he or
she may use a Broadcast Notice to
Mariners to grant general permission to
enter the respective safety zone.
Dated: June 25, 2020.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2020–15090 Filed 7–15–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2020–0384]
RIN 1625–AA00
Safety Zone; Tiburon Wedding
Fireworks Display, Richardson Bay,
Tiburon, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Richarson Bay
offshore from Belvedere Island in
support of the Tiburon Wedding
Fireworks Display on July 17, 2020.
This safety zone is necessary to protect
personnel, vessels, and the marine
environment from the dangers
associated with pyrotechnics.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety zone
without permission of the Captain of the
Port San Francisco or a designated
representative.
SUMMARY:
This rule is effective from 9 a.m.
to 10 p.m. on July 17, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
DATES:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
www.regulations.gov, type USCG–2020–
0384 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 LT Emily K. Rowan, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 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
June 22, 2020. The Coast Guard must
establish this safety zone by July 17,
2020 and lacks sufficient time to
provide a reasonable comment period
and consider those comments before
issuing the rule.
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. It is contrary to the public
interest to delay the effective date of this
rule because we need to have the safety
zone in place to protect vessels and
persons in the proximity from the
dangers associated with the fireworks
barge that will be in place on July 17,
2020.
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 Tiburon Wedding
Fireworks Display on July 17, 2020, will
be a safety concern for anyone within a
100-foot radius of the fireworks barge
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
during loading and staging, and anyone
within a 560-foot radius of the fireworks
barge starting 30 minutes before the
fireworks display is scheduled to
commence and ending 30 minutes after
the conclusion of the fireworks display.
For this reason, a safety zone is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters around the fireworks barge
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 a.m. until 10 p.m. on July 17,
2020, during the loading, staging, and
transit of the fireworks barge in
Richardson Bay near Belvedere Island,
CA, until 30 minutes after completion of
the fireworks display. Between 9 a.m.
and 10 p.m. on July 17, 2020, during the
loading, staging, and transit of the
fireworks barge until 30 minutes prior to
the start of the fireworks display, the
safety zone will encompass the
navigable waters around and under the
fireworks barge, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto
the fireworks barge is scheduled from 9
a.m. to 3 p.m. on July 17, 2020, at Pier
50 in San Francisco, CA.
The fireworks barge will remain at
Pier 50 until the start of its transit to the
display location. Towing of the barge
from Pier 50 to the display location is
scheduled to take place from 7 p.m. to
8:30 p.m. on July 17, 2020, where it will
remain until the conclusion of the
fireworks display.
At 8:45 p.m. on July 17, 2020, 30
minutes prior to the commencement of
the 15-minute Tiburon Wedding
Fireworks Display, the safety zone will
increase in size and encompass the
navigable waters around and under the
fireworks barge, from surface to bottom,
within a circle formed by connecting all
points 560 feet from the circle center at
approximate position 37°51′42.93″ N,
122°27′48.53″ W (NAD 83). The safety
zone will terminate at 10 p.m. on July
17, 2020.
The effect of the safety zone is to
restrict navigation in the vicinity of the
fireworks loading, staging, transit, and
firing site. Except for persons or vessels
authorized by the COTP or the COTP’s
designated representative, no person or
vessel may enter or remain in the
restricted area. ‘‘Designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel or
a Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
VerDate Sep<11>2014
16:25 Jul 15, 2020
Jkt 250001
enforcement of the safety zone. This
regulation is needed to keep spectators
and vessels away from the immediate
vicinity of the fireworks firing site to
ensure the safety of participants,
spectators, and transiting vessels.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. This safety zone impacts a
560-foot-radius area of Richardson Bay
in Tiburon, CA for a limited duration of
less than 24 hours. Vessels desiring to
transit through the safety zone may do
so upon express permission from the
COPT 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 zone 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.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
43123
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:\FR\FM\16JYR1.SGM
16JYR1
43124
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
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 a safety
zone lasting less than 24 hours, which
prevents entry to a 560-foot radius area
of Richardson Bay. 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
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;
VerDate Sep<11>2014
16:25 Jul 15, 2020
Jkt 250001
Department of Homeland Security Delegation
No. 0170.1.
enforced, in accordance with 33 CFR
165.7.
■
2. Add § 165.T11–030 to read as
follows:
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
§ 165.T11–030 Safety Zone; Tiburon
Wedding Fireworks Display, Richardson
Bay, Tiburon, CA.
[FR Doc. 2020–15431 Filed 7–15–20; 8:45 am]
(a) Location. The following area is a
safety zone: All navigable waters of
Richardson Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during the loading and staging at
Pier 50 in San Francisco, as well as
transit and arrival to Tiburon, CA.
Between 8:45 p.m. and 10 p.m. on July
17, 2020, the safety zone will expand to
all navigable waters, from surface to
bottom, within a circle formed by
connecting all points 560 feet out from
the fireworks barge in approximate
position 37°51′42.93″ N, 122°27′48.53″
W (NAD 83).
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 9 a.m. until 10
p.m. on July 17, 2020.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 20, 27, and 90
[WT Docket No. 17–200; FCC 20–67; FRS
16788]
Review of the Commission’s Rules
Governing 896–901/935–940 MHz Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission adopts rules for broadband
license operations in the 897.5–900.5/
936.5–939.5 MHz segment of the 900
MHz band (896–901/935–940 MHz).
The new rules are necessary because
many 900 MHz licensees, including
utilities and other industrial users, will
require additional coverage and capacity
to keep pace with the expanding need
for enhanced connectivity. The
intended effect of adopting rules for 900
MHz broadband license operations is to
address many 900 MHz licensees’
current and future needs because
broadband can offer next generation
services not typically associated with
narrowband systems. In this document,
the Commission also proposes to modify
the 900 MHz nationwide ribbon license
held by the Association of American
Railroads, which would clear a
prominent nationwide incumbent from
the new broadband segment and enable
significant advancements to railroad
safety. The Commission denies a
petition for rulemaking requested by the
Enterprise Wireless Association. Lastly,
the Commission adopts a partial lifting
of the 900 MHz application freeze.
DATES:
Effective date: August 17, 2020.
Compliance date: Compliance will
not be required for §§ 27.1503 and
27.1505 until the Commission publishes
a document in the Federal Register
announcing that compliance date.
ADDRESSES: 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Jessica Quinley, Wireless
Telecommunications Bureau, Mobility
Division, 202–418–1991 or
Jessica.Quinley@fcc.gov. For
information regarding the PRA
SUMMARY:
E:\FR\FM\16JYR1.SGM
16JYR1
Agencies
[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43122-43124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15431]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2020-0384]
RIN 1625-AA00
Safety Zone; Tiburon Wedding Fireworks Display, Richardson Bay,
Tiburon, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Richarson Bay offshore from Belvedere Island in
support of the Tiburon Wedding Fireworks Display on July 17, 2020. This
safety zone is necessary to protect personnel, vessels, and the marine
environment from the dangers associated with pyrotechnics. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port San Francisco or a designated representative.
DATES: This rule is effective from 9 a.m. to 10 p.m. on July 17, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0384 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 LT Emily K. Rowan, Waterways Management, U.S. Coast
Guard; 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 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 June 22, 2020. The Coast
Guard must establish this safety zone by July 17, 2020 and lacks
sufficient time to provide a reasonable comment period and consider
those comments before issuing the rule.
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. It is contrary to the public
interest to delay the effective date of this rule because we need to
have the safety zone in place to protect vessels and persons in the
proximity from the dangers associated with the fireworks barge that
will be in place on July 17, 2020.
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
Tiburon Wedding Fireworks Display on July 17, 2020, will be a safety
concern for anyone within a 100-foot radius of the fireworks barge
[[Page 43123]]
during loading and staging, and anyone within a 560-foot radius of the
fireworks barge starting 30 minutes before the fireworks display is
scheduled to commence and ending 30 minutes after the conclusion of the
fireworks display. For this reason, a safety zone is needed to protect
personnel, vessels, and the marine environment in the navigable waters
around the fireworks barge during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 a.m. until 10 p.m. on
July 17, 2020, during the loading, staging, and transit of the
fireworks barge in Richardson Bay near Belvedere Island, CA, until 30
minutes after completion of the fireworks display. Between 9 a.m. and
10 p.m. on July 17, 2020, during the loading, staging, and transit of
the fireworks barge until 30 minutes prior to the start of the
fireworks display, the safety zone will encompass the navigable waters
around and under the fireworks barge, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto the fireworks barge is scheduled
from 9 a.m. to 3 p.m. on July 17, 2020, at Pier 50 in San Francisco,
CA.
The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 7 p.m. to 8:30
p.m. on July 17, 2020, where it will remain until the conclusion of the
fireworks display.
At 8:45 p.m. on July 17, 2020, 30 minutes prior to the commencement
of the 15-minute Tiburon Wedding Fireworks Display, the safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 560 feet from the circle center at
approximate position 37[deg]51'42.93'' N, 122[deg]27'48.53'' W (NAD
83). The safety zone will terminate at 10 p.m. on July 17, 2020.
The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted area. ``Designated representative'' means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel or a Federal, State, or
local officer designated by or assisting the Captain of the Port San
Francisco (COTP) in the enforcement of the safety zone. This regulation
is needed to keep spectators and vessels away from the immediate
vicinity of the fireworks firing site to ensure the safety of
participants, spectators, and transiting vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. This
safety zone impacts a 560-foot-radius area of Richardson Bay in
Tiburon, CA for a limited duration of less than 24 hours. Vessels
desiring to transit through the safety zone may do so upon express
permission from the COPT 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 zone 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.
[[Page 43124]]
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 a safety zone
lasting less than 24 hours, which prevents entry to a 560-foot radius
area of Richardson Bay. 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.T11-030 to read as follows:
Sec. 165.T11-030 Safety Zone; Tiburon Wedding Fireworks Display,
Richardson Bay, Tiburon, CA.
(a) Location. The following area is a safety zone: All navigable
waters of Richardson Bay, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barge
during the loading and staging at Pier 50 in San Francisco, as well as
transit and arrival to Tiburon, CA. Between 8:45 p.m. and 10 p.m. on
July 17, 2020, the safety zone will expand to all navigable waters,
from surface to bottom, within a circle formed by connecting all points
560 feet out from the fireworks barge in approximate position
37[deg]51'42.93'' N, 122[deg]27'48.53'' W (NAD 83).
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 9 a.m.
until 10 p.m. on July 17, 2020.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-15431 Filed 7-15-20; 8:45 am]
BILLING CODE 9110-04-P