Safety Zone; Umbach Fireworks Scattering, Yellow Bluff San Francisco Bay, Sausalito, CA, 64373-64376 [2021-25141]
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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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Jkt 256001
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 safety
zone for navigable waters within a 500yard radius around the ZIM KINGSTON
between November 15, 2021, to
November 29, 2021. The safety zone is
needed to protect personnel, vessels,
and the marine environment from the
potential hazards associated with the
vessel transit. It is categorically
excluded from further review under
paragraph L[60] of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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:
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
the Port Puget Sound (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) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Effective date. This section is
effective without actual notice from
November 18, 2021, until November 29,
2021. For the purposes of enforcement,
actual notice will be used from
November 15, 2021, until November 18,
2021.
Dated: November 15, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2021–25198 Filed 11–17–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0800]
RIN 1625–AA00
Safety Zone; Umbach Fireworks
Scattering, Yellow Bluff San Francisco
Bay, Sausalito, CA
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
SUMMARY:
■
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.T13–0872 to read as
follows:
■
§ 165.T13–0872 Safety Zone; Haro Strait,
San Juan County, WA.
(a) Location. The following area is a
moving safety zone: All navigable
waters within a 500-yard radius around
the ZIM KINGSTON.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
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64373
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San
Francisco Bay near Yellow Bluff in
Sausalito, CA in support of a fireworks
display on December 3, 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 4 p.m.
until 6:15 p.m. on December 3, 2021.
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64374
Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0800 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 Anthony I. Solares,
U.S. Coast Guard District 11, Sector San
Francisco, at 415–399–3585,
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
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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
October 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
December 3, 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 action is necessary to
protect personnel, vessels, and the
marine environment from the potential
safety hazards associated with the
fireworks display near Yellow Bluff the
San Francisco Bay on December 3, 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
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Captain of the Port San Francisco has
determined that potential hazards
associated with the Umback Fireworks
Scattering on December 3, 2021, will be
a safety concern for anyone within a
100-foot radius of the fireworks vessel
during loading and staging, and anyone
within a 500-foot radius of the fireworks
vessel 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 vessel and during the
fireworks display.
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 Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone. This
regulation is necessary to ensure the
safety of participants, spectators, and
transiting vessels.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 4 p.m. until 6:15 p.m.
on December 3, 2021, during the
loading, staging, and transit of the
fireworks vessel in San Francisco Bay
from Clipper Yacht Harbor to 500 yards
off Yellow Bluff, Sausalito, CA, and
until 30 minutes after completion of the
fireworks display. During the loading,
staging, and transit of the fireworks
vessel scheduled to take place between
4 p.m. and 5 p.m. on December 3, 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 vessel, from
surface to bottom, within a circle
formed by connection of all points 100
feet out from the fireworks vessel. The
fireworks display is scheduled to start
from 5:30 p.m. and end at
approximately 5:45 p.m. on December 3,
2021, 500 yards from Yellow Bluff in
Sausalito, CA.
The fireworks vessel will remain at
Clipper Yacht Harbor until the start of
its transit to the display location.
Movement of the vessel from Clipper
Yacht Harbor to the display location is
scheduled to take place from 5 p.m. to
5:30 p.m. on December 3, 2021, where
it will remain until the conclusion of
the fireworks display.
At 5 p.m. on December 3, 2021, 30
minutes prior to the commencement of
the 15-minute fireworks display, the
safety zone will increase in size and
encompass the navigable waters around
and under the fireworks vessel, from
surface to bottom, within a circle
formed by all connecting points 500 feet
from the circle center at approximate
position 50′ 12″ N 122 degrees 28′ 01″
W (NAD 83). The safety zone will
terminate at 6:15 p.m. on December 3,
2021 or as announced via Broadcast
Notice to Mariners.
This regulation is necessary to keep
persons and vessels away from the
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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.
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
16:09 Nov 17, 2021
Jkt 256001
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
Clipper Yacht Harbor and 500 yards off
Yellow Bluff 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:
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64375
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.T11–075 to read as
follows:
■
§ 165.T11–075 Safety Zone; Umbach
Fireworks Scattering, Yellow Bluff San
Francisco Bay, Sausalito, 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
vessel during loading and staging at
Clipper Yacht Harbor in Sausalito, CA
as well as transit and arrival 500 yards
off of Yellow Bluff, Sausalito, CA.
Between 5 p.m. and 6:15 p.m. on
December 3, 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 vessel in
approximate position 50′ 12″ N 122
degrees 28′ 01″ 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.
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
(d) Enforcement period. This section
will be enforced from 4 p.m. until 6:15
p.m. on December 3, 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 33 CFR
165.7.
Dated: November 10, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard,Captain of the
Port, San Francisco.
[FR Doc. 2021–25141 Filed 11–17–21; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Domestic Competitive Products
Pricing and Mailing Standards
Changes
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®), to reflect changes
to prices and mailing standards for
competitive products.
DATES: Effective Date: January 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Steven Jarboe at (202) 268–7690,
Margaret Pepe (202) 268–3078, or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: This final
rule describes new prices and product
features for competitive products, by
class of mail, established by the
Governors of the United States Postal
Service®. New prices are available
under Docket Number CP2022–22 on
the Postal Regulatory Commission PRC
website at https://www.prc.gov, and on
the Postal Explorer® website at https://
pe.usps.com.
The Postal Service will revise Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
to reflect changes to prices and mailing
standards for the following competitive
products:
• Priority Mail Express®.
• Priority Mail®.
• First-Class Package Service®.
• Parcel Select®.
• USPS Retail Ground®.
• Extra Services.
• Return Services.
• Mailer Services.
• Recipient Services.
• Other.
Competitive product prices and
changes are identified by product as
follows:
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SUMMARY:
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Priority Mail Express
Prices
Overall, Priority Mail Express prices
will increase 3.1 percent. Priority Mail
Express will continue to offer zoned and
Flat Rate Retail, Commercial Base®, and
Commercial Plus® pricing.
Retail prices will increase an average
of 2.9 percent. The Flat Rate Envelope
price will increase to $26.95, the Legal
Flat Rate Envelope will increase to
$27.10, and the Padded Flat Rate
Envelope will increase to $27.50.
Commercial prices (Commercial Base
and Commercial Plus) will increase an
average of 4.3 percent.
Dimensional Weight Pricing Dimension
Standards
The Postal Service is implementing a
standard under dimensional weight
pricing for commercial Priority Mail
Express pieces to require Shipping
Services file manifests or other
approved electronic documentation
include the accurate dimensions
(length, width, height) of all pieces that
exceed 1 cubic foot. This standard will
assist the Postal Service with
compliance in pricing. Shipping
Services file manifests or other
approved electronic documentation not
meeting the requirement to include
accurate dimensions will be assessed a
dimension noncompliance fee.
Priority Mail
Prices
Overall, Priority Mail prices will
increase 3.1 percent. Priority Mail will
continue to offer zoned and Flat Rate
Retail, Commercial Base, and
Commercial Plus pricing.
Retail prices will increase an average
of 4.5 percent. The Flat Rate Envelope
price will increase to $8.95, the Legal
Flat Rate Envelope will increase to
$9.25, and the Padded Flat Rate
Envelope will increase to $9.65. The
Small Flat Rate Box price will increase
to $9.45 and the Medium Flat Rate
Boxes will increase to $16.10. The Large
Flat Rate Box will decrease to $21.50
and the APO/FPO/DPO Large Flat Rate
Box will decrease to $20.00.
Commercial prices (Commercial Base
and Commercial Plus) will increase an
average of 1.2 percent.
Dimensional Weight Pricing Dimension
Standards
The Postal Service is implementing a
standard under dimensional weight
pricing for commercial Priority Mail
pieces to require Shipping Services file
manifests or other approved electronic
documentation include the accurate
dimensions (length, width, height) of all
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Sfmt 4700
pieces that exceed 1 cubic foot. This
standard will assist the Postal Service
with compliance in pricing. Shipping
Services file manifests or other
approved electronic documentation not
meeting the requirement to include
accurate dimensions will be assessed a
dimension noncompliance fee.
First-Class Package Service
Prices
Overall, First-Class Package Service
prices will increase 8.8 percent.
Overall, First-Class Package Service—
Retail prices will increase 9.0 percent.
Overall, First-Class Package Service—
Commercial prices will increase 8.8
percent.
Parcel Select
Prices
The prices for Parcel Select
Destination Entry will decrease an
average of 11.1 percent. Parcel Select
Ground prices will decrease an average
of 12.1 percent. The prices for Parcel
Select Lightweight® will increase an
average of 7.4 percent.
Dimensional Weight Pricing Dimension
Standards
The Postal Service is implementing a
standard under dimensional weight
pricing for Parcel Select Destination
Entry and Parcel Select Ground pieces
to require Shipping Services file
manifests or other approved electronic
documentation include the accurate
dimensions (length, width, height) of all
pieces that exceed 1 cubic foot. This
standard will assist the Postal Service
with compliance in pricing. Shipping
Services file manifests or other
approved electronic documentation not
meeting the requirement to include
accurate dimensions will be assessed a
dimension noncompliance fee.
Optional SCF Preparation for Parcel
Select Destination Entry and Parcel
Select Lightweight Machinable Parcels
The Postal Service will implement an
optional Sectional Center Facility (SCF)
preparation level that will allow mailers
to presort and dropship Parcel Select
Destination Entry machinable parcels to
an eligible destination SCF (DSCF)
under Labeling List L051. The new SCF
preparation level will follow the current
Parcel Select Destination Entry
standards for requirements, mail
preparation, entry, and pricing.
The Postal will also implement an
optional SCF preparation level that will
allow mailers to presort and dropship
Parcel Select Lightweight (PSLW)
machinable parcels to an eligible DSCF
under labeling List L051. The new SCF
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]]>Agencies
[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Rules and Regulations]
[Pages 64373-64376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25141]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0800]
RIN 1625-AA00
Safety Zone; Umbach Fireworks Scattering, Yellow Bluff San
Francisco Bay, Sausalito, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay near Yellow Bluff in
Sausalito, CA in support of a fireworks display on December 3, 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 4 p.m. until 6:15 p.m. on December
3, 2021.
[[Page 64374]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0800 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 Anthony I. Solares, U.S. Coast Guard District
11, Sector San Francisco, at 415-399-3585, [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 October 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
December 3, 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 action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the fireworks display
near Yellow Bluff the San Francisco Bay on December 3, 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 has determined that potential hazards associated with the
Umback Fireworks Scattering on December 3, 2021, will be a safety
concern for anyone within a 100-foot radius of the fireworks vessel
during loading and staging, and anyone within a 500-foot radius of the
fireworks vessel 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 vessel and during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 4 p.m. until
6:15 p.m. on December 3, 2021, during the loading, staging, and transit
of the fireworks vessel in San Francisco Bay from Clipper Yacht Harbor
to 500 yards off Yellow Bluff, Sausalito, CA, and until 30 minutes
after completion of the fireworks display. During the loading, staging,
and transit of the fireworks vessel scheduled to take place between 4
p.m. and 5 p.m. on December 3, 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 vessel, from surface to
bottom, within a circle formed by connection of all points 100 feet out
from the fireworks vessel. The fireworks display is scheduled to start
from 5:30 p.m. and end at approximately 5:45 p.m. on December 3, 2021,
500 yards from Yellow Bluff in Sausalito, CA.
The fireworks vessel will remain at Clipper Yacht Harbor until the
start of its transit to the display location. Movement of the vessel
from Clipper Yacht Harbor to the display location is scheduled to take
place from 5 p.m. to 5:30 p.m. on December 3, 2021, where it will
remain until the conclusion of the fireworks display.
At 5 p.m. on December 3, 2021, 30 minutes prior to the commencement
of the 15-minute fireworks display, the safety zone will increase in
size and encompass the navigable waters around and under the fireworks
vessel, from surface to bottom, within a circle formed by all
connecting points 500 feet from the circle center at approximate
position 50' 12'' N 122 degrees 28' 01'' W (NAD 83). The safety zone
will terminate at 6:15 p.m. on December 3, 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 Captain of the
Port San Francisco (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.
[[Page 64375]]
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, 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 Clipper Yacht Harbor
and 500 yards off Yellow Bluff 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.T11-075 to read as follows:
Sec. 165.T11-075 Safety Zone; Umbach Fireworks Scattering, Yellow
Bluff San Francisco Bay, Sausalito, 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 vessel
during loading and staging at Clipper Yacht Harbor in Sausalito, CA as
well as transit and arrival 500 yards off of Yellow Bluff, Sausalito,
CA. Between 5 p.m. and 6:15 p.m. on December 3, 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
vessel in approximate position 50' 12'' N 122 degrees 28' 01'' 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.
[[Page 64376]]
(d) Enforcement period. This section will be enforced from 4 p.m.
until 6:15 p.m. on December 3, 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 33 CFR 165.7.
Dated: November 10, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard,Captain of the Port, San Francisco.
[FR Doc. 2021-25141 Filed 11-17-21; 8:45 am]
BILLING CODE 9110-04-P
