Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, CA, 26230-26232 [2023-09000]
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / 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.
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 This
rule involves a safety zone
encompassing an area extending 500feet out from a cargo vessel in vicinity
of Long Beach Container Terminal and
Fenix Marine Services and will last only
while transfer operations are ongoing. It
is categorically excluded from further
review under paragraph L60 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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:09 Apr 27, 2023
Jkt 259001
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–123 to read as
follows:
■
§ 165.T11–123 Safety Zone; Port of Los
Angeles and Port of Long Beach, San Pedro
Bay, CA.
(a) Location. The following area is a
safety zone: all navigable waters of the
Port of Los Angeles and the Port of Long
Beach, from surface to bottom, within a
circle formed by connecting all points
500-feet out from the vessel, M/V ZHEN
HUA 26, during the vessel’s transit
inside the Federal breakwaters
bounding San Pedro Bay or on the
waters within three nautical miles
seaward of the Federal breakwaters,
respectively.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel designated by or assisting
the Captain of the Port Los Angeles—
Long Beach (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 hailing Coast Guard
Sector Los Angeles—Long Beach on
VHF–FM Channel 16 or calling at (310)
521–3801. 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) Enforcement period. This
temporary safety zone will be enforced
from April 26, 2023, through May 2,
2023, during the M/V ZHEN HUA 26’s
transit between Long Beach Container
Terminal, LB Berth E22, to inner
anchorage, while at inner anchorage and
then to Fenix Marine Services, LA Berth
302, or as announced via Broadcast
Notice to Mariners.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
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Sfmt 4700
enforcement date and times for this
safety zone via Local Notices to
Mariners.
Dated: April 24, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Los Angeles—Long Beach.
[FR Doc. 2023–09120 Filed 4–26–23; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0347]
RIN 1625–AA00
Safety Zone; Pier 15 Fireworks; San
Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San
Francisco Bay, off of Pier 15, in San
Francisco, CA in support of a fireworks
display on April 29, 2023. 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 11
a.m. until 10:40 p.m. on April 29, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0347 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LT William K. Harris, U.S. Coast
Guard Sector San Francisco, Waterways
Management Division, at 415–399–7443,
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
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
April 17, 2023. It is impracticable to go
through the full notice and comment
rulemaking process because the Coast
Guard must establish this safety zone by
April 29, 2023, 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 off Pier 15 in San
Francisco, CA on April 29, 2023.
ddrumheller on DSK120RN23PROD with RULES1
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector San Francisco
(COTP) has determined that potential
hazards associated with the scheduled
Pier 15 Fireworks display on April 29,
2023, will be a safety concern for
anyone within a 100-foot radius of the
fireworks vessel during loading and
staging, and anyone within a 300-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 on 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 11 a.m. until 10:40
p.m. on April 29, 2023, during the
loading, staging, and transit of the
VerDate Sep<11>2014
16:09 Apr 27, 2023
Jkt 259001
fireworks vessel from Westar Marine
Service Pier 50, San Francisco, 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
11 a.m. and 8:30 p.m. on April 29, 2023,
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 connecting all points 100 feet
out from the fireworks vessel. The
fireworks display is scheduled to start at
10 p.m. and end at approximately 10:10
p.m. on April 29, 2023, off Pier 15
within the San Francisco Bay in San
Francisco, CA.
At 9:30 p.m., 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 vessel, from surface to bottom,
within a circle formed by connecting all
points 300 feet from the circle center at
approximate position 37°48′7.33″ N,
122°23′43.42″ W (NAD 83). The safety
zone will terminate at 10:40 p.m. on
April 29, 2023, or as announced via
Marine Information Broadcast.
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 a
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. Tis
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
PO 00000
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Fmt 4700
Sfmt 4700
26231
‘‘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
minimal 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
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:09 Apr 27, 2023
Jkt 259001
waters around the loading, staging,
transit, and display of fireworks at
Westar Marine Service Pier 50 and off
of Pier 15 within 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–123 to read as
follows:
■
§ 165.T11–123 Safety Zone; Pier 15
Fireworks; San Francisco Bay, San
Francisco, CA.
(a) Locations. The following area is a
safety zone: all navigable waters of the
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 Westar Marine Service Pier 50
in San Francisco, CA as well as transit
and arrival to the display location off
Pier 15, San Francisco Bay in San
Francisco CA. Between 9:30 p.m. and
10:40 p.m. on April 29, 2023, the safety
zone will expand to all navigable
waters, from surface to bottom, within a
circle formed by connecting all points
300 feet out from the fireworks vessel in
approximate position 37°48′07.33″ N
122°23′43.42″ W (NAD 83) or as
announced by Marine Information
Bulletin.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
(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 (COTP) San Francisco 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 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 11 a.m. until
10:40 p.m. on April 29, 2023.
(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: April 21, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Francisco.
[FR Doc. 2023–09000 Filed 4–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230306–0065; RTID 0648–
XC961]
Fisheries of the Exclusive Economic
Zone Off Alaska; Trawl Sablefish in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\28APR1.SGM
28APR1
]]>Agencies
[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26230-26232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09000]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0347]
RIN 1625-AA00
Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, off of Pier 15, in San
Francisco, CA in support of a fireworks display on April 29, 2023. 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 11 a.m. until 10:40 p.m. on April
29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0347 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 LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at 415-399-7443,
[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
[[Page 26231]]
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 April 17, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by
April 29, 2023, 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
off Pier 15 in San Francisco, CA on April 29, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Francisco (COTP) has
determined that potential hazards associated with the scheduled Pier 15
Fireworks display on April 29, 2023, will be a safety concern for
anyone within a 100-foot radius of the fireworks vessel during loading
and staging, and anyone within a 300-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 on 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 11 a.m. until
10:40 p.m. on April 29, 2023, during the loading, staging, and transit
of the fireworks vessel from Westar Marine Service Pier 50, San
Francisco, 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 11 a.m. and 8:30 p.m. on April
29, 2023, 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
connecting all points 100 feet out from the fireworks vessel. The
fireworks display is scheduled to start at 10 p.m. and end at
approximately 10:10 p.m. on April 29, 2023, off Pier 15 within the San
Francisco Bay in San Francisco, CA.
At 9:30 p.m., 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 vessel, from
surface to bottom, within a circle formed by connecting all points 300
feet from the circle center at approximate position 37[deg]48'7.33'' N,
122[deg]23'43.42'' W (NAD 83). The safety zone will terminate at 10:40
p.m. on April 29, 2023, or as announced via Marine Information
Broadcast.
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 a 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. Tis 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 minimal 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
[[Page 26232]]
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 at Westar Marine Service
Pier 50 and off of Pier 15 within 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, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-123 to read as follows:
Sec. 165.T11-123 Safety Zone; Pier 15 Fireworks; San Francisco Bay,
San Francisco, CA.
(a) Locations. The following area is a safety zone: all navigable
waters of the 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 Westar Marine Service Pier 50 in
San Francisco, CA as well as transit and arrival to the display
location off Pier 15, San Francisco Bay in San Francisco CA. Between
9:30 p.m. and 10:40 p.m. on April 29, 2023, the safety zone will expand
to all navigable waters, from surface to bottom, within a circle formed
by connecting all points 300 feet out from the fireworks vessel in
approximate position 37[deg]48'07.33'' N 122[deg]23'43.42'' W (NAD 83)
or as announced by Marine Information Bulletin.
(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 (COTP) San Francisco 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
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 11 a.m.
until 10:40 p.m. on April 29, 2023.
(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: April 21, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-09000 Filed 4-27-23; 8:45 am]
BILLING CODE 9110-04-P
