Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62341 

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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (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 the 

establishment of a RNA and thus, is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

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 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0215 to read as 

follows: 

§ 165.T01–0215 Regulated Navigation 

Area; Bridge 1 Structural Repairs at 

Portsmouth Naval Shipyard, Kittery, ME. 

(a) Location. The following area is a 

Regulated Navigation Area (RNA): All 

navigable waters of Piscataqua River 

between Kittery, ME and Seavey Island, 

ME, from surface to bottom, within a 

300 yard radius of position 43°05′06′′ N, 

070°44′29′′ W. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply within the 

RNA. 

(2) Any vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor or loiter 

within the RNA at any time unless they 

are working on the bridge construction. 

Movement within the RNA is subject to 

a ‘‘Slow-No Wake’’ speed limit. All 

vessels may not produce a wake and 

may not attain speeds greater than five 

(5) knots unless a higher minimum 

speed is necessary to maintain steering. 

(3) There may be times that the First 

District Commander or the Captain of 

the Port (COTP) finds it necessary to 

close the RNA to vessel traffic. During 

times of limited closure, persons and 

vessels may request permission to enter 

the RNA by contacting the COTP or the 

COTP’s on-scene representative on 

VHF–16 or via phone at 207–767–0303. 

(4) Any vessels transiting in the RNA 

must comply with all directions given to 

them by the COTP or the COTP’s onscene representative. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. The on-scene representative may 

be on a Coast Guard vessel; Maine State 

Police, Maine Marine Patrol or other 

designated craft; or may be on shore and 

communicating with vessels via VHF– 

FM radio or loudhailer. Members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(5) All other relevant regulations, 

including but not limited to the Rules of 

the Road, as codified in 33 CFR 

Subchapter E, Inland Navigational 

Rules, remain in effect within the RNA 

and must be strictly followed at all 

times. 

(c) Enforcement Period. This 

regulation is enforceable 24 hours a day 

from 12:01 a.m. on October 1, 2014 until 

11:59 p.m. on April 30, 2017. 

(d) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any closure of the 

RNA. Violations of this RNA may be 

reported to the COTP at 207–767–0303 

or on VHF-Channel 16. 

Dated: September 30, 2014. 

V. B. Gifford, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2014–24771 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0917] 

RIN 1625–AA00 

Safety Zone; English Station 

Emergency Environmental Response; 

Mill River; New Haven, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Mill River, 

in New Haven, CT for the English 

Station Emergency Environmental 

Response. This action is necessary to 

provide for the safety of life on 

navigable waters during the response. 

Entering into, transiting through, 

remaining, anchoring or mooring within 

this safety zone is prohibited unless 

authorized by the Captain of the Port 

(COTP) Sector Long Island Sound. 

DATES: This rule is effective without 

actual notice from October 17, 2014 

until November 30, 2014. For the 

purposes of enforcement, actual notice 

will be used from the date the rule was 

signed, October 3, 2014, until October 

17, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0917]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Ian M. Fallon, 

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62342 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

Prevention Department, Coast Guard 

Sector Long Island Sound, 203 468– 

4565, Ian.M.Fallon@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

COTP Captain of the Port 

FR Federal Register 

LIS Long Island Sound 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final 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 an 

NPRM with respect to this rule because 

publishing an NPRM would be 

impracticable and contrary to the public 

interest. Because of the emergency 

nature of the incident that created the 

need for this safety zone, there is 

insufficient time for the Coast Guard to 

seek public comments. Publishing an 

NPRM and delaying the effective date of 

this rule to await public comments 

would inhibit the Coast Guard’s ability 

to fulfill its statutory missions to protect 

ports, waterways, and the maritime 

public. 

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. For the same reasons 

discussed in the preceding paragraph, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest. 

B. Basis and Purpose 

The legal basis for this temporary rule 

is 33 U.S.C. 1231; 46 U.S.C. Chapter 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define regulatory safety zones. 

On September 15, 2014 the U.S. Coast 

Guard Sector Long Island Sound was 

contacted by personnel from 

Connecticut Department of Energy and 

Environmental Response (CT DEEP). 

The CT DEEP personnel were 

overseeing an environmental response 

at English Station, a decommissioned 

electrical power plant located in New 

Haven, CT. While on site, the CT DEEP 

personnel discovered a storm drain on 

the property that was contaminated 

with oil. The English Station site is 

contaminated with Polychlorinated 

Biphenyls (PBC) which may have 

contaminated the petroleum products. 

After Coast Guard personnel examined 

the site it was determined by the COTP, 

Sector Long Island Sound, that Coast 

Guard emergency response was 

necessary to protect the public and 

environment from the imminent and 

substantial threat of oil discharge from 

the main building and potential 

hazardous substance release. 

On September 24, 2014 the U.S. Coast 

Guard Sector Long Island Sound 

deployed boom surrounding the English 

Station site to contain any oil discharges 

and hazardous substances releases into 

the Mill River. The COTP has 

determined that a safety zone is 

necessary to protect the public from the 

safety hazards created by this 

emergency and preserve the function of 

the boom deployed around this site. 

C. Discussion of the Temporary Final 

Rule 

For the reasons discussed above, the 

COTP is establishing a temporary safety 

zone on the Mill River in the vicinity of 

English Station in New Haven, CT. This 

safety zone will be bound inside of an 

area that starts at a point on land at 

position 41°18′30.46′′ N, 072°54′22.80′′ 

W and then south along the shoreline to 

a point on land at position 41°18′20.21′′ 

N, 072°54′22.14′′ W and then west along 

the shoreline to a point on land at 

position 41°18′21.08′′ N, 072°54′26.84′′ 

W and then north along the shoreline to 

a point on land at position 41°18′30.12′′ 

N, 072°54′27.59′′ W and then east across 

land back to point of origin. 

Containment boom used in this 

emergency environmental response will 

mark the bounds of this safety zone. The 

containment boom is anchored onsite 

and marked with amber flashing lights 

for nighttime visibility. 

No vessel may enter, transit, moor, or 

anchor within safety zone during the 

period of enforcement unless authorized 

by the COTP or designated 

representative. 

The COTP will cause public 

notifications to be made by all 

appropriate means including but not 

limited to Broadcast Notice to Mariners. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The safety 

zone will be of relatively short in 

duration and covers only a small 

portion of the navigable waterways. 

Furthermore, vessels may transit the 

navigable waterway outside of the safety 

zone. Moreover, vessels desiring entry 

into the safety zone may be authorized 

to do so by the COTP or designated 

representative. Advanced public 

notifications will also be made to the 

local maritime community by Broadcast 

Notice to Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

This rule will affect the following 

entities, some of which may be small 

entities: owners and operators of vessels 

intending to transit or anchor in the Mill 

River in the vicinity of English Station. 

The temporary safety zone will not have 

a significant economic impact on a 

substantial number of small entities for 

all the reasons discussed in the 

REGULATORY PLANNING AND 

REVIEW section above. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62343 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

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, above. 

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. 

4. 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). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(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 the 

establishment of a safety zone. This rule 

is categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination 

will be available in the docket where 

indicated under ADDRESSES. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this rule. 

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 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; and 

Department of Homeland Security Delegation 

No. 0170.1 

■ 2. Add § 165.T01–0917 to read as 

follows: 

§ 165.T01–0917 Safety Zone; English 

Station Emergency Environmental 

Response, Mill River, New Haven, CT. 

(a) Location. The following area is a 

safety zone: All waters from surface to 

bottom within the Mill River, from the 

shoreline of the English Station 

emergency response site. and extending 

towards the water 5 feet past the 

containment boom surrounding the site. 

The English Station emergency response 

site is bound inside of an area that starts 

at a point on land at position 

41°18′30.46′′ N, 072°54′22.80′′ W and 

then south along the shoreline to a point 

on land at position 41°18′20.21′′ N, 

072°54′22.14′′ W and then west along 

the shoreline to a point on land at 

position 41°18′21.08′′ N, 072°54′26.84′′ 

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62344 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

W and then north along the shoreline to 

a point on land at position 41°18′30.12′′ 

N, 072°54′27.59′′ W and then east across 

land back to point of origin (NAD). All 

positions are approximate. 

(b) Effective and enforcement period. 

This rule will be effective and enforced 

from 1:00 p.m. on October 3, 2014 to 

11:59 p.m. on November 30, 2014. 

(c) Definitions. The following 

definitions apply to this section: A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the COTP, Sector 

Long Island Sound, to act on his or her 

behalf. The designated representative 

may be on an official patrol vessel or 

may be on shore and will communicate 

with vessels via VHF–FM radio or 

loudhailer. ‘‘Official patrol vessels’’ may 

consist of any Coast Guard, Coast Guard 

Auxiliary, state, or local law 

enforcement vessels assigned or 

approved by the COTP Sector Long 

Island Sound. In addition, members of 

the Coast Guard Auxiliary may be 

present to inform vessel operators of 

this regulation. The containment boom 

used in this emergency environmental 

response and utilized as a landmark for 

this safety zone is composed of harbor 

boom sections surrounding the English 

Station starting near the northeastern 

corner of the site, extending south 

towards the southeastern corner, and 

then extending west towards the 

southwestern corner and then extending 

north towards the northwestern corner 

and ending there. The containment 

boom is anchored onsite and marked 

with amber flashing lights for nighttime 

visibility. Vessels not engaged in the 

English Station Emergency 

Environmental Response are to stay at 

least 5 feet away from the containment 

boom. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in 33 CFR 165.23, entry into 

or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port, Southeastern Long 

Island Sound. 

(3) Operators of vessels desiring to 

enter or operate within the safety zone 

should contact the COTP Sector Long 

Island Sound at 203–468–4401 (Sector 

LIS command center) or the designated 

representative via VHF channel 16 to 

obtain permission to do so. 

(4) Any Vessel given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Sector Long Island 

Sound or the designated on-scene 

representative. 

(5) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

Dated: October 3, 2014. 

E.J. Cubanski, III, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Long Island Sound. 

[FR Doc. 2014–24768 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0832] 

RIN 1625–AA00 

Safety Zone: Pier 39 36th Anniversary 

Fireworks Display, San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zone in 

the navigable waters of the San 

Francisco Bay near Pier 39 in support of 

the Pier 39 36th Anniversary Fireworks 

Display on October 4, 11, 18 and 25, 

2014. The safety zone is established to 

ensure the safety of participants and 

spectators 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 or 

their designated representative. 

DATES: This rule is effective without 

actual notice from October 17, 2014 

until October 25, 2014. For the purposes 

of enforcement, actual notice will be 

used from October 4, 2014 until October 

17, 2014. This rule will be enforced 

from 11 a.m. to 9 p.m. on October 4, 11, 

18 and 25, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0832. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Joshua 

Dykman, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–3585 or 

email at D11–PF-MarineEvents@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Barbara Hairston, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final 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.’’ The Coast Guard 

received the information about the 

fireworks display on August 8, 2014, 

making notice and comment 

impracticable as the fireworks display 

would occur before the rulemaking 

process would be completed. 

Similarly, 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. Because of the dangers 

posed by the pyrotechnics used in this 

fireworks display, the safety zone is 

necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 

event area. For the safety concerns 

noted, it is in the public interest to have 

these regulations in effect during the 

event. 

B. Basis and Purpose 

The legal basis for the proposed rule 

is 33 U.S.C 1231; 46 U.S.C Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zone. 

Pier 39 will sponsor the Pier 39 36th 

Anniversary Fireworks Display on 

October 4, 11, 18 and 25, 2014, near Pier 

39 in San Francisco, CA in approximate 

positions 37°48′45′′ N, 122°24′40′′ W 

(NAD83) as depicted in National 

Oceanic and Atmospheric 

Administration (NOAA) Chart 18650. 

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