[Federal Register: May 7, 2003 (Volume 68, Number 88)]
[Rules and Regulations]
[Page 24361-24363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my03-14]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 03-008]
RIN 1625-AA00
Safety Zone; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Francisco Bay, California, off the San
Francisco waterfront, for the ``KFOG KaBoom'' fireworks display. The
safety zone will encompass the navigable waters within a 1,000-foot
radius of the launch platform, which will be located approximately
1,000 feet off Piers 30 and 32 in San Francisco, California. This
safety zone is necessary to provide for the safety of mariners in the
vicinity of the fireworks display and for the safety of the vessel, its
crew, and technicians working the fireworks launch barge and the
pyrotechnics.
DATES: This temporary rule is effective from 7 p.m. to 10 p.m. on May
10, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket [COTP San Francisco Bay 03-008] and are
available for inspection or copying at Coast Guard Marine Safety Office
San Francisco Bay, Coast Guard Island, Alameda, California, 94501,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Diana J. Cranston, U.S.
Coast Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Because the event's sponsor scheduled this year's
event on a date inconsistent with the date listed in Table 1 to 33 CFR
165.1191 (Safety Zones: Northern California annual fireworks events), a
temporary final rule became necessary. Due to specific event sponsored
logistical coordination issues, the Coast Guard only recently became
aware of the date change, and therefore there was insufficient time for
the Coast Guard to draft and publish an NPRM, or a temporary final rule
30 days prior to the event. As such, the event would occur before the
rulemaking process was complete. Any delay in implementing this rule
would be contrary to the public interest since immediate action is
necessary to temporarily close the fireworks area and to protect the
maritime public from the hazards associated with these fireworks
displays, which are intended for public entertainment.
On July 21, 1999, we published a final rule entitled ``Special
Local Regulations and Safety Zones; Northern California Annual Marine
Events'' in the Federal Register (64 FR 39027), after publishing an
NPRM on August 31, 1998 (63 FR 46206). The July 21, 1999 final rule,
among other things, added a master list of recurring fireworks events
to the Code of Federal Regulations in new Sec. 165.1112 of title 33,
Code of Federal Regulations. This section was redesignated as Sec.
165.1191 on June 25, 2001 (66 FR 33642). Table 1 to Sec. 165.1191
lists the annual date for ``KFOG KaBoom'' as ``Last Saturday in May.''
This year's event will take place on May 10, 2003. The Coast Guard
will work with the event sponsor to determine the date of future KFOG
KaBoom events. If necessary, the Coast Guard will publish an NPRM to
propose appropriate changes to 33 CFR Sec. 165.1191, so mariners and
members of the public can better anticipate future fireworks events in
Northern California.
Background and Purpose
The KFOG KaBoom is an annual fireworks show, which combines
fireworks and music and is presented by KFOG, a San Francisco radio
station. This safety zone is necessary to protect the spectators, and
vessels and other property from the hazards associated with the
fireworks show. This temporary safety zone will consist of a small
portion of the navigable waters of the San Francisco Bay along the San
Francisco waterfront.
Discussion of Rule
The temporary safety zone consists of the navigable waters of San
Francisco Bay within a 1,000 foot radius of the launch platform,
located approximately 1,000 feet off Piers 30 and 32 in San Francisco,
California. Entry into, transit through or anchoring within the safety
zone by all vessels is prohibited, unless authorized by the Captain of
the Port, or his designated representative.
[[Page 24362]]
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
Although this safety zone will restrict boating traffic, the effect
of this regulation will not be significant as the safety zone is will
affect only a small portion of the waterway and will be short in
duration.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
For the same reasons set forth in the above Regulatory Evaluation, the
Coast Guard certifies under 5 U.S.C. Sec. 605(b) that this rule is not
expected to have a significant economic impact on any substantial
number of entities, regardless of their size.
Any impact to small entities would not be significant since this
zone will encompass only a small portion of the waterway for a limited
period of time and vessels can safely navigate around the safety zone.
Assistance For Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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).
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because we are establishing a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and record
keeping requirements, Security measures, Waterways.
0
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:
[[Page 24363]]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
0
2. From 7 p.m. to 10 p.m. on May 10, 2003, in Sec. 165.1191
temporarily suspend the entry in Table 1 to the section for ``KFOG
KaBoom'' and add a new temporary paragraph (c) to read as follows:
Sec. 165.1191 Safety Zones: Northern California annual fireworks
events.
* * * * *
(c) KFOG KaBoom Safety Zone. The safety zone for KFOG KaBoom in San
Francisco consists of the navigable waters within a 1,000-foot radius
of the launch platform, which will be located approximately 1,000 feet
off Piers 30 and 32 in San Francisco, California. This safety zone will
be enforced from 7 p.m. PDT to 10 p.m. PDT on May 10, 2003. In
accordance with the general regulations in Sec. 165.23 of this part,
entering into, transiting through, or anchoring within this zone is
prohibited, unless authorized by the Captain of the Port or the Patrol
Commander, or their designated representative.
Dated: April 25, 2003.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay,
California.
[FR Doc. 03-11299 Filed 5-6-03; 8:45 am]
BILLING CODE 4910-15-P