Safety Zone; APEC 2023 Fireworks; San Francisco Bay, San Francisco, CA, 77509-77511 [2023-24856]
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations
of a notification event if such event is
known to any person, other than the
person committing the breach, who is
your employee, officer, or other agent.
■ 4. Revise § 314.5 to read as follows:
§ 314.5
Effective date.
Section 314.4(j) is effective as of May
13, 2024.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023–24412 Filed 11–9–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0882]
Special Local Regulations; San Diego
Parade of Lights, San Diego, CA
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
AGENCY:
8 p.m. on December 10, 2023, and on
December 17, 2023. This enforcement
action is being taken to provide for the
safety of life on navigable waterways
during the event. The Coast Guard’s
regulation for recurring marine events in
the San Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. During the enforcement
periods and under the provisions of 33
CFR 100.1101, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2023–25028 Filed 11–9–23; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard will enforce
the San Diego Parade of Lights special
local regulations on the waters of San
Diego Bay, California on December 10,
2023 and December 17, 2023. These
special local regulations are necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port Sector San Diego or
a designated representative.
DATES: The regulations in 33 CFR
100.1101 will be enforced from 5 p.m.
through 8 p.m. on December 10, 2023,
and from 5 p.m. through 8 p.m. on
December 17, 2023, for Item 5 in Table
1 of Section 100.1101.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
publication of enforcement, call or
email Lieutenant Shelley Turner,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 for the
San Diego Parade of Lights in San Diego
Bay, CA in 33 CFR 100.1101, Table 1,
Item 5 of that section from 5 p.m. until
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SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0871]
Special Local Regulation; Marine
Events Within the Eleventh Coast
Guard District—Mission Bay Parade of
Lights
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
77509
enforced from 5:30 p.m. through 8 p.m.
on December 10, 2023, and December
17, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Shelley Turner,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 for the
location identified in Item No. 6 in
Table 1 to § 100.1101, from 5:30 p.m.
until 8 p.m. on December 10, 2023, and
December 17, 2023, for the Mission Bay
Parade of Lights in Mission Bay, CA.
This action is being taken to provide for
the safety of life on the navigable
waterways during the event. Our
regulation for recurring marine events in
the San Diego Captain of the Port Zone,
§ 100.1101, Item No. 6 in table 1 to
§ 100.1101, specifies the location of the
regulated area for the Mission Bay
Parade of Lights, which encompasses
portions of Mission Bay. Under the
provisions of § 100.1101, persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this regulated area unless
authorized by the Captain of the Port, or
his designated representative. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners
and marine information broadcasts.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2023–25027 Filed 11–9–23; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard will enforce
the special local regulation on the
waters of Mission Bay, CA, during the
Mission Bay Parade of Lights on
December 10, 2022. This special local
regulation is necessary to provide for
the safety of the participants, crew,
sponsor vessels of the event, and general
users of the waterway. During the
enforcement period, persons and vessels
are prohibited from entering into,
transiting through, or anchoring within
this regulated area unless authorized by
the Captain of the Port Sector San Diego
or their designated representative.
DATES: The regulations in 33 CFR
100.1101 for the location described in
Item 6 in Table 1 to § 100.1101, will be
SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0870]
RIN 1625–AA00
Safety Zone; APEC 2023 Fireworks;
San Francisco Bay, San Francisco, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
E:\FR\FM\13NOR1.SGM
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77510
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations
The Coast Guard is
establishing a temporary safety zone on
the navigable water of the San Francisco
Bay in San Francisco, CA in support of
a fireworks display on November 15,
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 8 a.m.
until 7:30 p.m. on November 15, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0870 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email LT William K. Harris, U.S.
Coast Guard Sector San Francisco,
Waterways Management Division,
phone 415–399–7443, email
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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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 31, 2023. It is impracticable to
go through the full notice and comment
rulemaking process because the Coast
Guard must establish this safety zone by
November 15, 2023, and lacks sufficient
time to provide a reasonable comment
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15:58 Nov 09, 2023
Jkt 262001
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 the public
interest because action is necessary to
protect personnel, vessels, and the
marine environment from the potential
safety hazards associated with the
scheduled fireworks display in San
Francisco, CA on November 15, 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 San Francisco
(COTP) has determined that potential
hazards associated with scheduled
fireworks display on November 15,
2023, will be a safety concern for
anyone within a 100-foot radius of the
fireworks vessel during loading and
staging. 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.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. until 7:30 p.m.
on November 15, 2023, during the
loading, staging, and transit of the
fireworks vessel from Westar Marine
Service Pier 50, San Francisco, CA.
During the loading, staging, and transit
of the fireworks vessel scheduled to take
place between 8 a.m. and 7:30 p.m. on
November 15, 2023, 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 safety
zone will terminate at 7:30 p.m. on
November 15, 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
vessel during loading, staging, and
transit. 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 transiting vessels.
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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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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. Vessels desiring to
transit through or around the temporary
safety zone may do so upon receiving
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,
E:\FR\FM\13NOR1.SGM
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations
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.
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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
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15:58 Nov 09, 2023
Jkt 262001
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 of the San Francisco Bay around
the loading, staging, and transit of
fireworks at Westar Marine Services Pier
50. 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:
77511
§ 165.T11–147 Safety Zone; APEC 2023
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 Services Pier
50 in San Francisco, CA, as well as
during transit and arrival to the display
location on November 15, 2023.
(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–21A or through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Enforcement period. This section
will be enforced from 8 a.m. until 7:30
p.m. on November 15, 2023.
1. The authority citation for part 165
continues to read as follows:
(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.
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.
Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Francisco.
2. Add § 165.T11–147 to read as
follows:
[FR Doc. 2023–24856 Filed 11–9–23; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
■
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BILLING CODE 9110–04–P
E:\FR\FM\13NOR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77509-77511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24856]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0870]
RIN 1625-AA00
Safety Zone; APEC 2023 Fireworks; San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 77510]]
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable water of the San Francisco Bay in San Francisco, CA in
support of a fireworks display on November 15, 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 8 a.m. until 7:30 p.m. on November
15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0870 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 about this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, phone 415-399-7443, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until October 31, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by
November 15, 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 the public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the scheduled
fireworks display in San Francisco, CA on November 15, 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 San Francisco (COTP) has determined that
potential hazards associated with scheduled fireworks display on
November 15, 2023, will be a safety concern for anyone within a 100-
foot radius of the fireworks vessel during loading and staging. 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.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. until
7:30 p.m. on November 15, 2023, during the loading, staging, and
transit of the fireworks vessel from Westar Marine Service Pier 50, San
Francisco, CA. During the loading, staging, and transit of the
fireworks vessel scheduled to take place between 8 a.m. and 7:30 p.m.
on November 15, 2023, 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 safety zone will terminate at 7:30 p.m. on
November 15, 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 vessel during loading, staging,
and transit. 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 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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. Vessels desiring to transit through or
around the temporary safety zone may do so upon receiving 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,
[[Page 77511]]
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 of the San Francisco Bay
around the loading, staging, and transit of fireworks at Westar Marine
Services Pier 50. 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-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-147 to read as follows:
Sec. 165.T11-147 Safety Zone; APEC 2023 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 Services Pier 50 in
San Francisco, CA, as well as during transit and arrival to the display
location on November 15, 2023.
(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-21A or through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 7:30 p.m. on November 15, 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: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-24856 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
