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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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62345 

During the loading of the fireworks 

barge, while the barge is being towed to 

the display location, and until the start 

of the fireworks display, the safety zone 

applies to the navigable waters around 

and under the fireworks barge within a 

radius of 100 feet. Loading of the 

pyrotechnics onto the fireworks barges 

is scheduled to take place from 11 a.m. 

until 3 p.m. on October 4, 11, 18 and 25, 

2014, and will take place at Pier 50 in 

San Francisco, CA. Towing of the barge 

from Pier 50 to the display location is 

scheduled to take place from 7 p.m. 

until 7:45 p.m. on October 4, 11, 18 and 

25, 2014. The fireworks display is meant 

for entertainment purposes. A restricted 

area around the fireworks barge is 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with pyrotechnics. 

C. Discussion of the Final Rule 

The Coast Guard is establishing a 

safety zone from 11 a.m. to 9 p.m. on 

October 4, 11, 18 and 25, 2014 for the 

Pier 39 36th Anniversary Fireworks 

Display. The safety zone establishes a 

temporary restricted area on the waters 

100 feet surrounding the fireworks barge 

during the loading, transit and arrival of 

the pyrotechnics from the loading site to 

the launch site and until the 

commencement of the fireworks 

display. Upon the commencement of the 

fireworks display, the safety zone will 

increase in size and encompass the 

navigable waters around the fireworks 

barge within a radius of 560 feet. 

Upon the commencement of the 10- 

minute firework display, scheduled to 

take place from 8:30 p.m. until 8:40 p.m. 

on October 4, 11, 18 and 25, 2014, the 

safety zone will increase in size and 

encompass the navigable waters around 

and under the fireworks barge within a 

radius of 560 feet and the will be 

located off of Pier 39 in approximate 

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

(NAD 83) for the Pier 39 36th 

Anniversary Fireworks Display. At the 

conclusion of the fireworks display the 

safety zone shall terminate. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the launch site until the 

conclusion of the scheduled display. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels away from the immediate 

vicinity of the launch site to ensure the 

safety of participants, spectators, and 

transiting vessels. 

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. 

We expect the economic impact of 

this rule will not rise to the level of 

necessitating a full Regulatory 

Evaluation. The safety zone is limited in 

duration, and is limited to a narrowly 

tailored geographic area. In addition, 

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 via public 

Broadcast Notice to Mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 

affected are waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities. 

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. 

This rule may affect owners and 

operators of waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities and 

sightseeing. The safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons. The safety 

zone will be activated, and thus subject 

to enforcement, for a limited duration. 

When the safety zone is activated, vessel 

traffic could pass safely around the 

safety zone. The maritime public will be 

advised in advance of the safety zone 

via Broadcast Notice to Mariners. 

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

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. 

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 

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62346 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

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 

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 a safety 

zone of limited size and duration. 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 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, and 

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, 3707; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–664 to read as 

follows: 

§ 165.T11–664 Safety zone; Pier 39 36th 

Anniversary Fireworks Display, San 

Francisco Bay, San Francisco, CA. 

(a) Location. This temporary safety 

zone is established in the navigable 

waters of the San Francisco Bay near 

Pier 39 in San Francisco, CA as depicted 

in National Oceanic and Atmospheric 

Administration (NOAA) Chart 18650. 

From 11 a.m. to 8:30 p.m. on October 4, 

11, 18 and 25, 2014, the temporary 

safety zone applies to the nearest point 

of the fireworks barge within a radius of 

100 feet during the loading, transit, and 

arrival of the fireworks barge from Pier 

50 to the launch site near Pier 39 in 

approximate positions 37°48′45′′ N, 

122°24′40′′ W (NAD83). From 8:30 p.m. 

until 9 p.m. on October 4, 11, 18 and 25, 

2014, the temporary safety zone will 

increase in size and encompass the 

navigable waters around and under the 

fireworks barge in approximate position 

37°48′45′′ N, 122°24′40′′ W (NAD83) 

within a radius of 560 feet. 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from 11 a.m. to 

9 p.m. on October 4, 11, 18 and 25, 

2014. The Captain of the Port San 

Francisco (COTP) will notify the 

maritime community of periods during 

which this zone will be enforced via 

Broadcast Notice to Mariners in 

accordance with 33 CFR 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR Part 165, Subpart 

C, entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a 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. 

Dated: September 29, 2014. 

Gregory G. Stump, 

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

Port San Francisco. 

[FR Doc. 2014–24780 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0529; FRL–9915–53– 

Region 9] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board—Consumer 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

California Air Resources Board portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

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