[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]
[Page 57370-57372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-19]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 03-024]
RIN 1625-AA00
Safety Zone; San Francisco Bay, San Francisco, 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 a fireworks display in conjunction with the
Pier 39 25th Anniversary Celebration sponsored by Pier 39. 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. Persons and vessels are prohibited from entering into or
transiting through the safety zone, which will encompass the navigable
waters within a 1000-foot radius of the launch platform that will be
located approximately 1000 feet off Pier 39, unless authorized by the
Captain of the Port or his designated representative.
DATES: This rule is effective from 8 p.m. (PDT) on October 4, 2003, to
8:45 p.m. (PDT) on October 4, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Francisco Bay 03-024] 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 Doug L. Ebbers, 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), the Coast Guard finds that good
cause exists for not publishing an NPRM. Logistical details surrounding
the event were not finalized and presented to the Coast Guard in time
to draft and publish an NPRM. 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 the fireworks
displays, which are intended for public entertainment.
For the same reasons stated above, 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.
Background and Purpose
Pier 39 is sponsoring a short fireworks display on October 4, 2003
in conjunction with the Pier 39 25th Anniversary Celebration event.
These safety zones are necessary to protect the spectators along with
vessels and other property from the hazards associated with the
fireworks show. These temporary safety zones will consist of portions
of the navigable waters of the San Francisco Bay immediately north of
Pier 39. The Coast Guard has granted Pier 39 and Pyro Spectaculars a
marine event permit for this event.
Discussion of Rule
The temporary safety zone consists of the navigable waters of San
Francisco Bay within a 1000-foot radius of the launch platform. The
launch platform will be located approximately 1000 feet off Pier 39 in
San Francisco, California. Entry into, transit through or anchoring
within this safety zone is prohibited, unless authorized by the Captain
of the Port or his designated representative.
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 within the
San Francisco Bay, the effect of this regulation will not be
significant as the safety zone will encompass a small portion of the
waterway and will be short in duration. The entities most likely to be
affected are pleasure craft engaged in recreational activities and
sightseeing.
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.
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. As discussed above, the safety zone may affect the following
entities, some of which may be small entities: the owners and operators
of 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 several reasons: vessel
traffic can pass safely around the area, vessels engaged in
recreational activities and sightseeing have ample space outside of the
safety zone to engage in these activities, and this zone will encompass
only a small portion of the waterway for a limited period of time in
the evening when vessel traffic is low. The maritime public will be
advised of this safety zone via public notice to mariners.
Assistance For Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 57371]]
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 calls for no new collection of information 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. The administrator of the Office of Information and
Regulatory Affairs has not designated it 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'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-096 to read as follows:
Sec. 165.T11-096 Safety Zone: San Francisco Bay, San Francisco,
California.
(a) Location. This temporary safety zone shall include the
navigable waters of the San Francisco Bay within a radius of 1,000 feet
from a fireworks launch barge located approximately 1000 feet north of
Pier 39 in approximate position 37[deg]48'54'' N, 122[deg]24'32'' W,
San Francisco Bay, San Francisco, California.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone by all vessels is prohibited unless authorized by the
Captain of the Port or a designated representative thereof.
(2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 510-437-3073 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his designated
representative.
(c) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(d) Effective period. This section becomes effective at 8 p.m.
(PDT) on
[[Page 57372]]
October 4, 2003, and will terminate at 8:45 p.m. (PDT) on October 4,
2003.
Dated: September 23, 2003.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay,
California.
[FR Doc. 03-25185 Filed 10-2-03; 8:45 am]
BILLING CODE 4910-15-P