[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43122-43124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15431]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2020-0384]
RIN 1625-AA00
Safety Zone; Tiburon Wedding Fireworks Display, Richardson Bay,
Tiburon, 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 Richarson Bay offshore from Belvedere Island in
support of the Tiburon Wedding Fireworks Display on July 17, 2020. This
safety zone is necessary to protect personnel, vessels, and the marine
environment from the dangers associated with pyrotechnics. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port San Francisco or a designated representative.
DATES: This rule is effective from 9 a.m. to 10 p.m. on July 17, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0384 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Emily K. Rowan, Waterways Management, U.S. Coast
Guard; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
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 with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until June 22, 2020. The Coast
Guard must establish this safety zone by July 17, 2020 and lacks
sufficient time to provide a reasonable comment period and 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. It is contrary to the public
interest to delay the effective date of this rule because we need to
have the safety zone in place to protect vessels and persons in the
proximity from the dangers associated with the fireworks barge that
will be in place on July 17, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Tiburon Wedding Fireworks Display on July 17, 2020, will be a safety
concern for anyone within a 100-foot radius of the fireworks barge
[[Page 43123]]
during loading and staging, and anyone within a 560-foot radius of the
fireworks barge 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, a safety zone is needed to protect
personnel, vessels, and the marine environment in the navigable waters
around the fireworks barge during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 a.m. until 10 p.m. on
July 17, 2020, during the loading, staging, and transit of the
fireworks barge in Richardson Bay near Belvedere Island, CA, until 30
minutes after completion of the fireworks display. Between 9 a.m. and
10 p.m. on July 17, 2020, during the loading, staging, and transit of
the fireworks barge until 30 minutes prior to the start of the
fireworks display, the safety zone will encompass the navigable waters
around and under the fireworks barge, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto the fireworks barge is scheduled
from 9 a.m. to 3 p.m. on July 17, 2020, at Pier 50 in San Francisco,
CA.
The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 7 p.m. to 8:30
p.m. on July 17, 2020, where it will remain until the conclusion of the
fireworks display.
At 8:45 p.m. on July 17, 2020, 30 minutes prior to the commencement
of the 15-minute Tiburon Wedding Fireworks Display, the safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 560 feet from the circle center at
approximate position 37[deg]51'42.93'' N, 122[deg]27'48.53'' W (NAD
83). The safety zone will terminate at 10 p.m. on July 17, 2020.
The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted area. ``Designated representative'' means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel or a Federal, State, or
local officer designated by or assisting the Captain of the Port San
Francisco (COTP) in the enforcement of the safety zone. This regulation
is needed to keep spectators and vessels away from the immediate
vicinity of the fireworks firing site 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. This
safety zone impacts a 560-foot-radius area of Richardson Bay in
Tiburon, CA for a limited duration of less than 24 hours. Vessels
desiring to transit through the safety zone may do so upon express
permission from the COPT 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
temporary 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
[[Page 43124]]
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 and U.S. Coast Guard Environmental Planning Policy,
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 less than 24 hours, which prevents entry to a 560-foot radius
area of Richardson Bay. It is categorically excluded from further
review under paragraph L60(a) in Table 3-1 of Department of Homeland
Security Directive 023-01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-030 to read as follows:
Sec. 165.T11-030 Safety Zone; Tiburon Wedding Fireworks Display,
Richardson Bay, Tiburon, CA.
(a) Location. The following area is a safety zone: All navigable
waters of Richardson Bay, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barge
during the loading and staging at Pier 50 in San Francisco, as well as
transit and arrival to Tiburon, CA. Between 8:45 p.m. and 10 p.m. on
July 17, 2020, the safety zone will expand to all navigable waters,
from surface to bottom, within a circle formed by connecting all points
560 feet out from the fireworks barge in approximate position
37[deg]51'42.93'' N, 122[deg]27'48.53'' W (NAD 83).
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 9 a.m.
until 10 p.m. on July 17, 2020.
(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.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-15431 Filed 7-15-20; 8:45 am]
BILLING CODE 9110-04-P