9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0493]
RIN 1625-AA00
Safety Zone; Redwood City Fourth of July Fireworks, Redwood Creek, Redwood City, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters
of the Redwood Creek in Redwood City, CA in support of a fireworks display on July 4, 2024.
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.
DATES: This rule is effective from 9 a.m. until 10:20 p.m. on July 4, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket,
go to https://www.regulations.gov, type USCG-2024-0493 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 on this rule, call or
email Petty Officer Shannon Curtaz-Milian, U.S. Coast Guard Sector San Francisco, at 415-3997440, SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking

§
U.S.C.

Section
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
(NPRM) with respect to this rule because it is impracticable. The Coast Guard did not receive
final details for this event with sufficient time to issue a proposed rule. It is impracticable to go
through the full notice and comment rule making process because the Coast Guard must establish
this safety zone by July 4, 2024, and lacks sufficient time to provide a reasonable comment
period and to 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. 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 on Redwood Creek in Redwood City, CA on July 4, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C. 70034. The Captain of the
Port San Francisco has determined that potential hazards associated with the Redwood City
Fourth of July Fireworks on July 4, 2024, will be a safety concern for anyone within a 100-foot
radius of the fireworks vessel during loading and staging, and anyone within a 850-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 9 a.m. on July 4, 2024, until 10:20
p.m. on July 4, 2024, during the loading, staging, and transit of the fireworks vessel in San
Francisco Bay from Pier 68 to Redwood Creek, Redwood City, 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 9 a.m. on July 4, 2024, until 9 p.m. on July 4, 2024, 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 from 9:30 p.m. and end at approximately 9:50 p.m. on July 4, 2024, on
Redwood Creek in Redwood City, CA.
The fireworks vessel will remain at Pier 68 until the start of its transit to the display
location. Movement of the vessel from Pier 68 to the display location is scheduled to take place
from 6:30 p.m. to 8 p.m. on July 4, 2024, where it will remain until the conclusion of the
fireworks display.
At 9 p.m. on July 4, 2024, 30 minutes prior to the commencement of the 20-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 850 feet from the circle center at approximate position 37°30'28.48"N 122°12'51.53"W (NAD 83). The safety zone will terminate at 10:20 p.m. on July 4, 2024.
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 COTP’s 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 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 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 limited duration and narrowly
tailored geographic area 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
waterways users will be notified to ensure the safety zone will result in minimum impact. The
vessels desiring to transit through or around the temporary safety zone may do so upon express
permission from the COTP 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 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 (Public Law 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 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 temporary safety zone in the navigable waters around the
loading, staging, transit, and display of fireworks near Pier 50 in San Francisco Bay and on
Redwood Creek in Redwood City. 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.
G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked
to call or email 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
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.
2. Add § 165.T11-170 to read as follows:
§ 165.T11-170 Safety Zone; Redwood City Fourth of July Fireworks, Redwood Creek,
Redwood City, CA
(a) Location. The following area is a safety zone: all navigable waters of San Francisco
Bay, from surface to bottom, within a circle formed by connecting all points 100 feet out from
the fireworks vessel during loading and staging at Pier 68 in San Francisco, CA as well as transit
and arrival to Redwood Creek, Redwood City, CA. Between 9 p.m. and 10:20 p.m. on July 4,
2024, the safety zone will expand to all navigable waters, from surface to bottom, within a circle
formed by connection all points 850 feet out from the fireworks vessel in approximate position
37°30'28.48"N - 122°12'51.53"W (NAD 83) or as announced via 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 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 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 10:20 p.m. on
July 4, 2024.
(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.
Dated: June 25, 2024.

Jordan M. Baldueza,
Captain, U.S. Coast Guard,
Captain of the Port, San Francisco.
[FR Doc. 2024-14357 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]