Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA, 36243-36245 [2023-11795]

Download as PDF Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. In § 117.391, effective June 1, 2023, through noon on November 1, 2023, temporarily add paragraph (f) to read as follows: * * * * * (f) The Dearborn Street Bridge, mile 1.13, need only operate one leaf for the passage of vessels, while the other leaf is secured to masted navigation for maintenance. ■ Dated: May 30, 2023. E.J. Doucette, Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard District. [FR Doc. 2023–11824 Filed 5–31–23; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2023–0458] Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone in the navigable waters of Suisun Bay, off Concord, CA, in support of explosive on-loading to Military Ocean Terminal Concord (MOTCO) from June 4, 2023, through June 10, 2023. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The safety zone is open to all persons and vessels for transitory use, but vessel operators desiring to anchor or otherwise loiter within the safety zone must obtain the permission of the Captain of the Port San Francisco or a designated representative. All persons and vessels operating within the safety zone must comply with all directions given to them by the Captain of the Port San Francisco or a designated representative. DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01 a.m. on June 4, 2023, until 11:59 p.m. on June 10, 2023. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:04 Jun 01, 2023 Jkt 259001 If you have questions about this notification of enforcement, call, or email Lieutenant William K. Harris, U.S. Coast Guard Sector San Francisco, Waterways Management Division, at 415–399–7443, SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO) regulated area from 12:01 a.m. on June 4, 2023, until 11:59 p.m. on June 10, 2023, or as announced via marine local broadcasts. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The regulation for this safety zone, § 165.1198, specifies the location of the safety zone which encompasses the navigable waters in the area between 500 yards of MOTCO Pier 2 in position 38°03′30″ N, 122°01′14″ W and 3,000 yards of the pier. During the enforcement periods, as reflected in § 165.1198(d), if you are the operator of a vessel in the regulated area you must comply with the instructions of the COTP or the designated on-scene patrol personnel. Vessel operators desiring to anchor or otherwise loiter within the safety zone must contact Sector San Francisco Vessel Traffic Service at 415– 556–2760 or VHF Channel 14 to obtain permission. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via marine information broadcasts. FOR FURTHER INFORMATION CONTACT: PART 117—DRAWBRIDGE OPERATION REGULATIONS Dated: May 26, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2023–11792 Filed 6–1–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0415] RIN 1625–AA00 Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, 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 SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 36243 Francisco Bay, in Sausalito, CA in support of a fireworks display on June 10, 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, 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 8:30 p.m. until 9:35 p.m. on June 10, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0415 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ If you have questions on this rule, call or email Lieutenant 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 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 even until May 2, 2023. It is impracticable to go through the full notice and comment rulemaking process because the Coast Guard must establish this safety zone by June 10, 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 E:\FR\FM\02JNR1.SGM 02JNR1 36244 Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations 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 in Sausalito, CA on June 10, 2023. V. Regulatory Analyses III. Legal Authority and Need for Rule 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. The Coast Guard is issuing this rule under authority 46 U.S.C. 70034. The Captain of the Port (COTP) San Francisco has determined that potential hazards associated with the scheduled Fotsch Engagement Fireworks display on June 10, 2023, will be a safety concern for anyone within a 600-foot radius of the fireworks display on the pier starting 30 minutes before the fireworks display us 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 during the fireworks display. lotter on DSK11XQN23PROD with RULES1 IV. Discussion of the Rule This rule establishes a temporary safety zone from 8:30 p.m. until 9:35 p.m. on June 10, 2023, from 30 minutes prior to the start of the fireworks display, and until 30 minutes after the completion of the fireworks display. At 8:30 p.m., which is 30 minutes prior to the commencement of the 5-minute fireworks display, the safety zone will encompass the navigable waters around the pier, from surface to bottom, within a circle formed by connecting all points 600 feet from the circle center at approximately 37°50′46.07″ N, 122°28′37.35″ W (NAD 83). The safety zone will terminate at 9:35 p.m. on June 10, 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 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. This regulation is necessary to ensure the safety of participants, spectators, and transiting vessels. VerDate Sep<11>2014 16:04 Jun 01, 2023 Jkt 259001 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 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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, E:\FR\FM\02JNR1.SGM 02JNR1 Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations 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 surrounding a pier within San Francisco Bay off Sausalito, CA. 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 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. bottom, within a circle formed by connecting all points 600 feet out from 37°50′46.07″ N, 122°28′37.35″ W (NAD 83) between 8:30 p.m. and 9:35 p.m. on June 10, 2023, 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 authorize 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 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 8:30 p.m. until 9:35 p.m. on June 10, 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. DEPARTMENT OF HOMELAND SECURITY Dated: May 26, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port San Francisco. I. Table of Abbreviations [FR Doc. 2023–11795 Filed 6–1–23; 8:45 am] BILLING CODE 9110–04–P 2. Add § 165.T11–127 to read as follows: lotter on DSK11XQN23PROD with RULES1 ■ (a) Locations. The following area is a safety zone: all navigable waters of the San Francisco Bay, from surface to 16:04 Jun 01, 2023 Jkt 259001 PO 00000 Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0454] RIN 1625–AA00 Safety Zone; San Francisco Giants Drone Display; San Francisco Bay, San Francisco, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay, outside McCovey Cove, in San Francisco, CA in support of an aerial drone display on June 8 through 9, 2023. The safety zone is necessary to protect the personnel, vessels, and the marine environment from potential hazards created by drones. Unauthorized persons or vessels are prohibited from entering, transiting through, or remaining in the safety zone without the permission of the Captain of the Port San Francisco or designated representative. SUMMARY: This rule is effective from 9 p.m. on June 8, 2023, until 10:15 p.m. on June 9, 2023. The regulations in this rule will be enforced from 9 p.m. until 10:15 p.m. on both days. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0454 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: If you have questions on this rule, call or email Lieutenant 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: 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 § 165.T11–127 Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA. VerDate Sep<11>2014 36245 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1

Agencies

[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36243-36245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11795]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0415]
RIN 1625-AA00


Safety Zone; Sausalito Fireworks Display; San Francisco Bay, 
Sausalito, 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, in Sausalito, CA in support 
of a fireworks display on June 10, 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, 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 8:30 p.m. until 9:35 p.m. on June 
10, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0415 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 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

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 even until May 2, 2023. It is 
impracticable to go through the full notice and comment rulemaking 
process because the Coast Guard must establish this safety zone by June 
10, 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

[[Page 36244]]

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 in Sausalito, CA 
on June 10, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the scheduled Fotsch Engagement 
Fireworks display on June 10, 2023, will be a safety concern for anyone 
within a 600-foot radius of the fireworks display on the pier starting 
30 minutes before the fireworks display us 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 during the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 p.m. until 
9:35 p.m. on June 10, 2023, from 30 minutes prior to the start of the 
fireworks display, and until 30 minutes after the completion of the 
fireworks display. At 8:30 p.m., which is 30 minutes prior to the 
commencement of the 5-minute fireworks display, the safety zone will 
encompass the navigable waters around the pier, from surface to bottom, 
within a circle formed by connecting all points 600 feet from the 
circle center at approximately 37[deg]50'46.07'' N, 122[deg]28'37.35'' 
W (NAD 83). The safety zone will terminate at 9:35 p.m. on June 10, 
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 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. 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, 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,

[[Page 36245]]

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 surrounding a pier within 
San Francisco Bay off Sausalito, CA. 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

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.T11-127 to read as follows:


Sec.  165.T11-127  Safety Zone; Sausalito Fireworks Display; San 
Francisco Bay, Sausalito, 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 600 feet out from 
37[deg]50'46.07'' N, 122[deg]28'37.35'' W (NAD 83) between 8:30 p.m. 
and 9:35 p.m. on June 10, 2023, 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 authorize 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 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 8:30 
p.m. until 9:35 p.m. on June 10, 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: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11795 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P


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