[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29433-29435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 04-010]
RIN 1625-AA00
Safety Zone; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary, moving safety
zone in the navigable waters of San Francisco Bay, California, around a
fireworks launch barge used during a fireworks display following a San
Francisco Giants Baseball game on Memorial Day weekend. The safety zone
is necessary to provide for the safety of mariners in the vicinity of
the fireworks barge and for the safety of the vessels, crews, and
technicians working the fireworks launch barge and pyrotechnics.
Persons and vessels are prohibited from entering into or transiting
through the safety zone, unless authorized by the Captain of the Port
or his designated representative.
DATES: This rule is effective from 10 a.m. to 11:30 p.m. (PDT) on May
29, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Francisco Bay 04-010] 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 area around the fireworks barge
during loading, transit, and the fireworks display to protect the
maritime public from the hazards associated with the pyrotechnics and
the fireworks display, which are intended for public entertainment.
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 as stated
above.
Background and Purpose
The San Francisco Giants Baseball Team is sponsoring a short
fireworks display on May 29, 2004 in the waters of San Francisco Bay
near SBC Park immediately following a baseball game on Memorial Day
Weekend. The fireworks barge will be located
[[Page 29434]]
approximately 500 feet off of Pier 48. The safety zone is necessary to
protect the spectators, vessels, and other property from the hazards
associated with the pyrotechnics on the launch barge and the fireworks
show. The temporary safety zone will consist of a portion of the
navigable waters of San Francisco Bay, California. The Coast Guard has
granted the San Francisco Giants and Pyro Spectaculars a marine event
permit for this event.
Discussion of Rule
During the loading of the fireworks barge at Pier 50 in San
Francisco, while the barge is being towed from Pier 50 to the location
of the fireworks display, and until the start of the fireworks display,
the safety zone will encompass the navigable waters around and under
the fireworks barge within a radius of 100 feet. During the 15-minute
fireworks display, which will take place in a position approximately
500 feet off of Pier 48 in position 37[deg]46'34'' N, 122[deg]23'00''
W, the safety zone will increase in size to encompass the navigable
waters around and under the fireworks barge within a radius of 1,000
feet. Entry into, transit through or anchoring within this safety zone
is prohibited, unless authorized by the Captain of the Port or his
designated representative.
U.S. Coast Guard personnel will enforce this safety zone. The Coast
Guard may be assisted by other Federal, State, or local agencies,
including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code
of Federal Regulations, prohibits any unauthorized person or vessel
from entering or remaining in a safety zone. Vessels or persons
violating this section will be subject to the penalties set forth in 33
U.S.C. 1232. Pursuant to 33 U.S.C. 1232, any violation of the safety
zone described herein, will be punishable by civil penalties (not to
exceed $32,500 per violation, where each day of a continuing violation
is a separate violation), criminal penalties (imprisonment up to 6
years and a maximum fine of $250,000), and in rem liability against the
offending vessel. Any person who violates this section, using a
dangerous weapon, or who engages in conduct that causes bodily injury
or fear of imminent bodily injury to any officer authorized to enforce
this regulation, also faces imprisonment up to 12 years.
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 the safety zone will restrict boating traffic within San
Francisco Bay, the effect of this regulation will not be significant as
the safety zone will encompass only 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. The
maritime public will be advised of the safety zone via public notice to
mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
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, options
for compliance, or assistance in understanding this rule, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
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 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
[[Page 29435]]
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, 195; 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. Temporarily add Sec. 165.T11-014 to read as follows:
Sec. 165.T11-014 Safety Zone: San Francisco Bay, California.
(a) Location. During the loading of the fireworks barge at Pier 50
in San Francisco, during the transit of the barge to the location of
the fireworks display, and until the fireworks display commences, the
safety zone will encompass the navigable waters of San Francisco Bay
within a radius of 100 feet around and under the fireworks launch
barge. During the 15-minute fireworks display, the safety zone will
increase in size to encompass the navigable waters of San Francisco Bay
within a radius of 1,000 feet around and under the fireworks launch
barge, which will be located 500 feet off of Pier 48 in approximate
position 37[deg]46'34'' N, 122[deg]23'00'' W.
(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 is prohibited unless authorized by the Captain of the
Port or his designated representative.
(2) Persons desiring to transit the area of a safety zone may
contact the Captain of the Port at telephone number 415-399-3547 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.
(3) 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 can be comprised of 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.
(c) Effective period. The safety zone in this section is effective
from 10 a.m. until 11:30 p.m, on May 29, 2004.
(d) Enforcement period. (1) A 100-foot safety zone will be enforced
during loading operations, scheduled to commence at 10 a.m. (PDT) on
May 29, 2004.
(2) A 100-foot safety zone will be enforced while the barge is
towed from Pier 50 to the location of the fireworks display
approximately 500 feet off of Pier 48. The towing evolution is
scheduled to take place between 9 p.m. and 10 p.m. (PDT) on May 29,
2004. (3) The safety zone will increase in size to 1,000 feet, and be
enforced during the 15-minute fireworks display, which will commence
approximately 5 minutes after the conclusion of the baseball game. The
conclusion of the baseball game is tentatively scheduled to occur
between 10:30 p.m. and 11 p.m. (PDT) on May 29, 2004.
Dated: May 13, 2004.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay.
[FR Doc. 04-11694 Filed 5-21-04; 8:45 am]
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