Safety Zone; Pier 27 Fireworks Display, San Francisco, CA, 54079-54081 [2021-21098]
Download as PDF
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
of Huntington Beach and the
Huntington Beach Pier. Normally such
actions are categorically excluded from
further review under paragraph L60(a),
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. An environmental analysis
and checklist supporting this
determination and Record of
Environmental Consideration (REC) are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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:
the Port Los Sector Angeles-Long Beach
(COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter, hail
Coast Guard Sector Los Angeles—Long
Beach on VHF–FM Channel 16 or call
at (310) 521–3801. Those in the security
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(3) Upon being hailed by the COTP’s
designated representative, by siren,
radio, flashing light or other means, the
operator of the vessel shall proceed as
directed.
(d) Enforcement period. The
temporary safety zone will be enforced
from 7 a.m. to 5 p.m. each day from
September 30, 2021, to October 3, 2021.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone via Local Notices to
Mariners.
Dated: September 23, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the
Port Sector Los Angeles—Long Beach.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2021–21161 Filed 9–29–21; 8:45 am]
BILLING CODE 9110–04–P
■
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. 00170.1, Revision No. 01.2.
2. Add § 165.T11–064 to read as
follows:
■
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Jkt 253001
33 CFR Part 165
RIN 1625–AA00
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor consisting of
a line connecting the following
coordinates: 33°38.387′ N; 117°58.847′
W, 33°37.992′ N; 117°59.204′ W,
33°39.625′ N; 118°1.806′ W, 33°40.019′
N; 118°1.449′ W. All coordinates
displayed are referenced by North
American Datum of 1983, World
Geodetic System, 1984.
(b) Definitions. For the purposes of
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 and a
Federal, State, and local officer
designated by or assisting the Captain of
17:35 Sep 29, 2021
Coast Guard
[Docket Number USCG–2021–0766]
§ 165.T11–064 Safety Zone; Pacific
Airshow Huntington Beach, California.
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
Safety Zone; Pier 27 Fireworks Display,
San Francisco, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San
Francisco Bay near Pier 27 in support of
a fireworks display on October 1, 2021.
The safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by pyrotechnics. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without the
permission of the Captain of the Port
SUMMARY:
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54079
San Francisco or a designated
representative.
DATES: This rule is effective from 9:00
a.m. until 10:30 p.m. on October 1,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0766 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade, William
Harris, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
September 20, 2021. It is impracticable
to go through the full notice and
comment rule making process because
the Coast Guard must establish this
safety zone by October 1, 2021, and
lacks sufficient time to provide a
reasonable comment period and to
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. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
necessary to protect personnel, vessels,
and the marine environment from the
potential safety hazards associated with
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
the fireworks display near Pier 27 in the
San Francisco Bay on October 1, 2021.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the Pier 27
Fireworks Display on October 1, 2021,
will be a safety concern for anyone
within a 100-foot radius of the fireworks
barge during loading and staging, and
anyone within a 500-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, this
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters around the fireworks barge and
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9:00 a.m. until 10:30
p.m. on October 1, 2021, during the
loading, staging, and transit of the
fireworks barge in San Francisco Bay
near Pier 27, San Francisco, CA, and
until 30 minutes after completion of the
fireworks display. During the loading,
staging, and transit of the fireworks
barge scheduled to take place between
9:00 a.m. and 9:20 p.m. on October 1,
2021, 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 connection of all points 100
feet out from the fireworks barge.
Loading the pyrotechnics onto the
fireworks barge is scheduled from 10
a.m. to 4 p.m. on October 1, 2021, 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 9:00 p.m.
to 9:15 p.m. on October 1, 2021, where
it will remain until the conclusion of
the fireworks display.
At 9:20 p.m. on October 1, 2021, 30
minutes prior to the commencement of
the 10-minute 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 all connecting points 500 feet
from the circle center at approximate
position 37°48′23.0″ N, 122°23′51.1″ W
(NAD 83). The safety zone will
terminate at 10:30 p.m. on October 1,
VerDate Sep<11>2014
17:35 Sep 29, 2021
Jkt 253001
2021, or as announced via Broadcast
Notice to Mariners.
This regulation is necessary to keep
persons and vessels away from the
immediate vicinity of the fireworks
loading, staging, transit, and display
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. A ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel,
or a Federal, State, or local officer
designated by or assisting the COTP in
the enforcement of the safety zone. This
regulation is necessary 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.
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).
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. Although this rule restricts
access to the waters encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterways users will be notified to
ensure the safety zone will result in
minimum impact. The vessels desiring
to transit through or around the
temporary safety zone may do so upon
express permission from the COTP or
the COTP’s designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
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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 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 call or email 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,
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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.
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.
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F. Environment
We have analyzed this 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
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
temporary safety zone in the navigable
waters around the loading, staging,
transit, and display of fireworks near
Pier 50 and Pier 27 in San Francisco
Bay. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
VerDate Sep<11>2014
17:35 Sep 29, 2021
Jkt 253001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T11–067 to read as
follows:
■
54081
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 9 a.m. until 10:30
p.m. on October 1, 2021.
(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 § 165.7.
Dated: September 22, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–21098 Filed 9–29–21; 8:45 am]
§ 165.T11–067 Safety Zone; Pier 27
Fireworks Display, San Francisco Bay, San
Francisco, CA.
(a) Location. The following area is a
safety zone: all navigable waters of San
Francisco Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during loading and staging at Pier
50 in San Francisco, as well as transit
and arrival at Pier 27, San Francisco,
CA. Between 9:20 p.m. and 10:30 p.m.
on October 1, 2021, the safety zone will
expand to all navigable waters, from
surface to bottom, within a circle
formed by connection all points 500 feet
out from the fireworks barge in
approximate position 37°48′23.0″ N,
122°23′51.1″ W (NAD 83) or as
announced via Broadcast Notice to
Mariners.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel, or a
Federal, State, or Local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or 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
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BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AQ71
Schedule for Rating Disabilities; The
Genitourinary Diseases and
Conditions
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends the
Department of Veterans Affairs (VA)
Schedule for Rating Disabilities
(VASRD) by revising the portion of the
schedule that addresses the
genitourinary system. This action
ensures that the rating schedule uses
current medical terminology and
provides detailed and updated criteria
for evaluation of genitourinary
conditions for disability rating
purposes.
SUMMARY:
This final rule is effective
November 14, 2021.
DATES:
FOR FURTHER INFORMATION CONTACT:
Ioulia Vvedenskaya, M.D., M.B.A.,
Medical Officer, VASRD Program Office
(210), Compensation Service (21C),
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 461–9752. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On
October 15, 2019, VA published the
proposed rule for Schedule of Rating
Disabilities; The Genitourinary Diseases
and Conditions in the Federal Register.
See 84 FR 55086. VA received 12
comments during the 60-day comment
period. VA appreciates the comments
submitted in response to the proposed
rule. Based on the rationale stated in the
proposed rule and in this document, the
proposed rule is adopted as a final rule
with minor changes noted below.
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Agencies
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54079-54081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21098]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0766]
RIN 1625-AA00
Safety Zone; Pier 27 Fireworks Display, San Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay near Pier 27 in support of a
fireworks display on October 1, 2021. The safety zone is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by pyrotechnics. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without the permission of the Captain of the Port San
Francisco or a designated representative.
DATES: This rule is effective from 9:00 a.m. until 10:30 p.m. on
October 1, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0766 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade, William Harris, Waterways
Management, U.S. Coast Guard; telephone (415) 399-7443, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until September 20, 2021.
It is impracticable to go through the full notice and comment rule
making process because the Coast Guard must establish this safety zone
by October 1, 2021, and lacks sufficient time to provide a reasonable
comment period and to 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. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with
[[Page 54080]]
the fireworks display near Pier 27 in the San Francisco Bay on October
1, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Pier 27 Fireworks Display on October 1, 2021, will be a safety
concern for anyone within a 100-foot radius of the fireworks barge
during loading and staging, and anyone within a 500-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, this temporary safety zone is
needed to protect personnel, vessels, and the marine environment in the
navigable waters around the fireworks barge and during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:00 a.m. until
10:30 p.m. on October 1, 2021, during the loading, staging, and transit
of the fireworks barge in San Francisco Bay near Pier 27, San
Francisco, CA, and until 30 minutes after completion of the fireworks
display. During the loading, staging, and transit of the fireworks
barge scheduled to take place between 9:00 a.m. and 9:20 p.m. on
October 1, 2021, 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 connection of all points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto the fireworks barge is scheduled
from 10 a.m. to 4 p.m. on October 1, 2021, 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 9:00 p.m. to 9:15
p.m. on October 1, 2021, where it will remain until the conclusion of
the fireworks display.
At 9:20 p.m. on October 1, 2021, 30 minutes prior to the
commencement of the 10-minute 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
all connecting points 500 feet from the circle center at approximate
position 37[deg]48'23.0'' N, 122[deg]23'51.1'' W (NAD 83). The safety
zone will terminate at 10:30 p.m. on October 1, 2021, or as announced
via Broadcast Notice to Mariners.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display 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. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the safety zone. This regulation is necessary 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. 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).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
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
call or email 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,
[[Page 54081]]
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.
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, 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 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
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks near Pier 50 and Pier 27 in
San Francisco Bay. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T11-067 to read as follows:
Sec. 165.T11-067 Safety Zone; Pier 27 Fireworks Display, San
Francisco Bay, San Francisco, CA.
(a) Location. The following area is a safety zone: all navigable
waters of San Francisco Bay, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barge
during loading and staging at Pier 50 in San Francisco, as well as
transit and arrival at Pier 27, San Francisco, CA. Between 9:20 p.m.
and 10:30 p.m. on October 1, 2021, the safety zone will expand to all
navigable waters, from surface to bottom, within a circle formed by
connection all points 500 feet out from the fireworks barge in
approximate position 37[deg]48'23.0'' N, 122[deg]23'51.1'' W (NAD 83)
or as announced via Broadcast Notice to Mariners.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or Local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or 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 10:30 p.m. on October 1, 2021.
(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 Sec. 165.7.
Dated: September 22, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-21098 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P