Rule2025-05387
Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, CA
Primary source
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Published
March 28, 2025
Effective
March 28, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#b3e0f5e4d2c7d6c1c4d2cac0f3c6c0d0d49ddedadf"><span class="__cf_email__" data-cfemail="1c4f5a4b7d68796e6b7d656f5c696f7f7b32717570">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 28, 2025.
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