Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, CA, 14052-14054 [2025-05387]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Rules and Regulations]
[Pages 14052-14054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05387]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2025-0219]
RIN 1625-AA00


Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Francisco Bay, off of Pier 15, in San 
Francisco, CA in support of fireworks displays on March 22, 2025, March 
29, 2025, April 19, 2025, April 26, 2025, and May 3, 2025. This 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, Sector San Francisco or a 
designated representative.

DATES: 
    Effective date: This temporary rule is effective without actual 
notice from March 28, 2025 through 10:30 p.m. on May 3, 2025.
    Enforcement dates: Coast Guard will enforce this temporary rule 
from 9:15 p.m. to 10:30 p.m. on March 22, 2025, March 29, 2025, April 
19, 2025, April 26, 2025, and May 3, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0219 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 Lieutenant William K. Harris, U.S. Coast Guard Sector San 
Francisco, Waterways Management Division; telephone: (415) 399-7443, 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because the Coast Guard did 
not receive final details for this event until March 3, 2025, and 
action is needed to protect personnel and vessels from the potential 
hazards associated with pyrotechnics. It is impracticable to publish an 
NPRM because we must establish this safety zone by March 22, 2025.
    Also, 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 fireworks 
displays off Pier 15 in San Francisco, CA on March 22, 2025, March 29, 
2025, April 19, 2025, April 26, 2025, and May 3, 2025.

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 displays on March 22, 2025, March 29, 2025, April 19, 2025, 
April 26, 2025, and May 3, 2025, will be a safety concern for anyone 
within a 200-yard radius of the fireworks vessel starting approximately

[[Page 14053]]

30 minutes before the fireworks displays are scheduled to commence and 
ending 30 minutes after the conclusion of the fireworks displays. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters around the fireworks vessel during 
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:15 p.m. until 10:30 p.m. 
on March 22, 2025, March 29, 2025, April 19, 2025, April 26, 2025, and 
May 3, 2025, during the staging of the fireworks vessel and until 30 
minutes after the completion of the fireworks display. The fireworks 
displays are scheduled to start at approximately 9:50 p.m. and end at 
approximately 10 p.m. on March 22, 2025, March 29, 2025, April 19, 
2025, April 26, 2025, and May 3, 2025, off Pier 15 within the San 
Francisco Bay in San Francisco, CA.
    At 9:15 p.m. on the dates listed above, approximately 30 minutes 
prior to the commencement of the 10-minute fireworks display, the 
safety zone will encompass the navigable waters around and under the 
fireworks vessel, from surface to bottom, within an circle formed by 
connecting all points 200 yards from the circle center at approximate 
position 37[deg]48'8.45'' N, 122[deg]23'42.26'' W (NAD 83). The safety 
zone will terminate at 10:30 p.m. on the dates listed above, or as 
announced via Broadcast Notice to Mariners.
    The establishment of this safety zone is needed to ensure the 
safety of vessels in the navigable waters within 200-yards of the 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

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. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of day 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 waterway 
users will be notified to ensure the safety zone will result in minimum 
impact. Mariners will be able to plan and transit outside of the 
periods of enforcement of the safety zone. The limited duration of the 
safety zone will mitigate impacts to vessel traffic in the area of the 
safety zone. The entities most likely affected are commercial vessels 
and pleasure craft engaged in recreational activities.

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 will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have Tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting only 1 hour fifteen minutes at a time and 
cumulatively less than 7

[[Page 14054]]

hours that will prohibit entry within 200 yards of the fireworks vessel 
during staging and the fireworks display off of Pier 15 within the 
waters of the 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.

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.T11-200 to read as follows:


Sec.  165.T11-200  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 200 yards out from the fireworks 
vessel in approximate position 37[deg]48'8.45'' N, 122[deg]23'42.26'' W 
(NAD 83) or as announced by Broadcast Notice to Mariners.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel, or a Federal, State, or local officer designated by or 
assisting the Captain of the Port, Sector San Francisco (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
in the safety zone must comply with all lawful orders or directions 
given to them by the COTP or the COTP's designated representative while 
within the zone. Persons and vessels may request permission to enter 
the safety zone through the 24-hour Command Center at telephone (415) 
399-7330.
    (d) Enforcement period. This section will be enforced from 9:15 
p.m. until 10:30 p.m. on March 22, 2025, March 29, 2025, April 19, 
2025, April 26, 2025, and May 3, 2025.

    Dated: March 17, 2025.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2025-05387 Filed 3-27-25; 8:45 am]
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