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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210865
RIN 1625AA00

Safety Zone; Frantic Inc Chase Center Fireworks, San Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay near Chase Center in San Francisco, CA in support of a fireworks display on December 19, 2021. 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.

SUMMARY:

This rule is effective from 11
a.m. until 10:40 p.m. on December 19, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0865 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 Anthony I. Solares, U.S. Coast Guard District 11, Sector San Francisco, at 4153993585, SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Table of Abbreviations
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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. This provision authorizes an agency to issue a rule
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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.
553bB, 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 November 10, 2021. It is impracticable to go through the full notice and comment rule making process because the Coast Guard must establish this safety zone by December 19, 2021 and lacks sufficient time to provide a reasonable comment period and to consider those comments before issuing the rule.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because action is necessary to protect personnel, vessels, and the marine environment from the potential safety hazards associated with the fireworks display near Chase Center in the San Francisco Bay on December 19, 2021.
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 Frantic Inc Chase Center Fireworks on December 19, 2021, will be a safety concern for anyone within a 100-foot radius of the fireworks vessel during loading and staging, and anyone within a 700-foot radius of the fireworks vessel starting 30 minutes before the fireworks display is scheduled to commence and ending 30
minutes after the conclusion of the fireworks display. For this reason, this temporary safety zone is needed to protect personnel, vessels, and the marine environment in the navigable waters around the fireworks vessel and during the fireworks display.
IV. Discussion of the Rule This rule establishes a temporary safety zone from 11 a.m. until 10:40
p.m. on December 19, 2021, during the loading, staging, and transit of the fireworks vessel in San Francisco Bay from Pier 50 to 1000 feet off Chase Center, San Francisco, CA, and until 30
minutes after completion of the fireworks display. During the loading, staging, and transit of the fireworks vessel scheduled to take place between
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11 a.m. and 9:15 p.m. on December 19, 2021, until 30 minutes prior to the start of the fireworks display, the safety zone will encompass the navigable waters around and under the fireworks vessel, from surface to bottom, within a circle formed by connection of all points 100
feet out from the fireworks vessel. The fireworks display is scheduled to start at 10:00 p.m. December 19, 2021 and end at approximately 10:10 p.m. on December 19, 2021, 1,000 feet from Chase Center in San Francisco, CA.
The fireworks vessel will remain at Pier 50 until the start of its transit to the display location. Movement of the vessel from Pier 50 to the display location is scheduled to take place from 8:45 p.m. to 9:15 p.m. on December 19, 2021, where it will remain until the conclusion of the fireworks display.
At 9:30 p.m. on December 19, 2021, 30 minutes prior to the commencement of the 10-minute fireworks display, the safety zone will increase in size and encompass the navigable waters around and under the fireworks vessel, from surface to bottom, within a circle formed by all connecting points 700 feet from the circle center at approximate position 374602.82 N, 1222256.00
W NAD 83, or as announced via Broadcast Notice to Mariners. The safety zone will terminate at 10:40 p.m. on December 19, 2021.
This regulation is necessary to keep persons and vessels away from the immediate vicinity of the fireworks loading, staging, transit, and display site. Except for persons or vessels authorized by the COTP or the COTPs designated representative, no person or vessel may enter or remain in the 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 Captain of the Port San Francisco 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
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