[Federal Register: July 1, 2005 (Volume 70, Number 126)]
[Rules and Regulations]
[Page 38010-38013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy05-9]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD11-05-010]
RIN 1625-AA08
Special Local Regulations for Marine Events; Humboldt Bay, San
Francisco Bay, Monterey Bay, and Lake Tahoe
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations for
the loading, transport, and launching of fireworks used during twenty
two separate Fourth of July fireworks displays to be held in various
locations in Northern California and Western Nevada. These special
local regulations are intended to prohibit vessels and people from
entering into or remaining within the regulated areas to ensure the
safety of participants, spectators, and mariners transiting the event
areas.
DATES: This rule is effective from 10 a.m. on July 2, 2005, to 11 p.m.
on July 4, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket CGD 11-05-010 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 Ebbers, U.S. Coast
Guard Marine Safety Office San Francisco Bay, at (510) 437-2770.
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 events were not finalized and presented to the Coast Guard in time
to draft and publish an NPRM. As such, the events would occur before
the rulemaking process was complete. Because of the dangers posed by
the pyrotechnics used in the fireworks displays, special local
regulations are necessary to provide for the safety of event
participants, spectator craft, and other vessels transiting the event
areas. For the safety concerns noted, it is in the public's interest to
have these regulations in effect during the events.
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. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks displays.
Background and Purpose
Various public and private agencies are sponsoring short fireworks
displays between July 3, 2005, and July 5, 2005, throughout the Captain
of the Port, San Francisco Bay Zone. The fireworks displays are meant
for entertainment purposes in celebration of the Fourth of July
Holiday. These special local regulations are being issued to establish
temporary regulated areas around fireworks launch barges during the
loading of pyrotechnics, during the transit of the barges to the
display locations, and during the fireworks displays. For those
displays launching fireworks from shore, temporary regulated areas are
being established in the waters surrounding the shore-based launch
locations. These regulated areas around the fireworks launch barges and
launch locations are necessary to protect participants, spectators, and
mariners transiting the event areas from the hazards associated with
the pyrotechnics being used. The Coast Guard has granted marine event
permits for each of the fireworks displays listed in this regulation.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Captain of the Port, San Francisco Bay Zone.
For each of the fireworks displays involving barges, the special local
regulations apply to the navigable waters around and under the
fireworks barge(s) within a radius of 100 feet during the loading of
pyrotechnics onto the barge(s), the towing of the barge(s) to the
display location, and until the start of the fireworks display. During
the fireworks display, the area to which these special local
regulations apply will increase in size to encompass the navigable
waters around and under the fireworks barge(s) within a radius of 1,000
feet. For shore-fired fireworks displays, the special local regulations
apply to the navigable waters surrounding the launch location within a
radius of 1,000 feet during the fireworks display.
For barge-fired displays, the effect of the temporary special local
regulations will be to restrict general navigation in the vicinity of
fireworks barges during the loading of pyrotechnics, during the transit
of the fireworks barges, and until the conclusion of the scheduled
display. For shore-fired displays, the effect of the temporary special
local regulations will be to restrict general navigation in the
vicinity of the launch location during the fireworks display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no persons or vessels may enter or remain in the regulated areas. These
regulations are needed to keep spectators and vessels a safe distance
away to ensure the safety of participants, spectators, and transiting
vessels.
Pursuant to 33 U.S.C. 1236, persons violating these special local
regulations may be liable as follows: Suspension or revocation of the
license of a licensed officer for incompetence or misconduct; civil
penalty of $6,500 for any person in charge of the navigation of a
vessel other than a licensed officer; civil penalty of $6,500 for the
owner of a vessel (including any corporate officer of a corporation
owning the vessel) who is actually on board; and $2,750 for any other
person.
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 these regulations prevent traffic from transiting portions
of the San Francisco Bay zone, the effect of these regulations will not
be significant due to the small size and limited duration of the
regulated areas. The entities most likely affected are pleasure craft
engaged in recreational activities and sightseeing.
[[Page 38011]]
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. This rule may effect owners and operators of pleasure craft
engaged in recreational activities and sightseeing, and small
commercial sightseeing vessels. This rule will not have a significant
economic impact on a substantial number of small entities for several
reasons: (i) Vessel traffic can pass safely around the regulated areas,
(ii) vessels engaged in recreational activities and sightseeing have
ample space outside of the regulated areas to engage in these
activities, (iii) this rule will encompass small portions of the
waterways for a limited period of time, and (iv) the maritime public
will be advised in advance of these special local regulations 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 Lieutenant Doug Ebbers, U.S. Coast Guard Marine Safety Office
San Francisco Bay, at (510) 437-5873.
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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine parade permit are specifically excluded from further
analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
[[Page 38012]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233, Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 100.35-T11-028 to read as follows:
Sec. 100.35-T11-028 San Francisco Bay Zone Fourth of July Fireworks
Displays.
(a) Regulated Areas. (1) For each of the listed displays in
paragraph (b) of this section using one or more barges as fireworks
launch platforms, the regulated area encompasses the navigable waters
around and under the fireworks barge(s) within a radius of 100 feet
during the loading of the fireworks barge(s), during the transit of the
fireworks barge(s) to the display location, and until the start of the
fireworks display. During the fireworks display, the regulated area
increases in size to encompass the navigable waters around and under
the fireworks launch barge(s) within a radius of 1,000 feet.
(2) For each of the listed displays in paragraph (b) of this
section launching fireworks from shore, the regulated area encompasses
the navigable waters surrounding the launch location within a radius of
1,000 feet during the fireworks display.
(b) Specific event times and locations. (1) Humboldt Bay Fireworks
Display, sponsored by the City of Eureka: Loading of the fireworks
barge will commence at 8 a.m. at the C-Street Pier in Humboldt Bay on
July 3, 2005. The 30-minute fireworks display will take place in
Humboldt Bay, CA, south of Woodley Island and west of Eureka Inner
Reach Channel in position 40-48'14.0'' N, 124-10'01.0'' W at 9:30 p.m.
on July 4, 2005.
(2) Crescent City Fireworks Display, sponsored by the Crescent City
Del Norte Chamber of Commerce: Fireworks will be launched from the
Battery Point Jetty in Crescent City, CA, out over the Crescent City
harbor. The 30-minute fireworks display will start at 9 p.m. on July 4,
2005.
(3) City of Sausalito Fireworks Display, sponsored by the City of
Sausalito: Loading of the fireworks barge will commence at 8 a.m. at
San Francisco's Pier 50 on July 4, 2005. The 20-minute fireworks
display will take place in Sausalito, CA, 1,000 feet off the Sausalito
shoreline, just north of Spinnaker Rest at 9:30 p.m. on July 4, 2005.
(4) Vallejo Fireworks Display, sponsored by the City of Vallejo:
Fireworks will be launched from Dry Dock 3 on Mare Island, CA,
out over the Mare Island Strait. The 20-minute fireworks display will
start at 9:30 p.m. on July 4, 2005.
(5) San Francisco Municipal Pier Fireworks Display, sponsored by
the City of San Francisco: Fireworks will be launched from the Aquatic
Park Municipal Pier in San Francisco, CA. The 20-minute fireworks
display will start at 9:30 p.m. on July 4, 2005.
(6) San Francisco Pier 39 Fireworks Display, sponsored by the City
of San Francisco: Loading of the two fireworks barges will commence at
11 a.m. at Pier 50 in San Francisco on July 3, 2005. The 20-minute
fireworks display will take place 1,000 feet off of Pier 39 in San
Francisco, CA, in position 37[deg]48'49.0'' N, 122[deg]24'46.5'' W at
9:30 p.m. on July 4, 2005.
(7) Jack London Square Fireworks Display, sponsored by C.A.C. Real
Estate Management: Loading of the fireworks barge will commence at 11
a.m. at Pier 50 in San Francisco on July 4, 2005. The 20-minute
fireworks display will take place in Alameda, CA, 600 feet off of the
Howard Terminal, in position 37[deg]47'37.0'' N, 122[deg]16'55.0'' W at
9:30 p.m. on July 4, 2005.
(8) Redwood City Fireworks Display, sponsored by Peninsula
Celebration Association: Loading of the fireworks barge will commence
at 11 a.m. at Pier 50 in San Francisco on July 4, 2005. The 20-minute
fireworks display will take place in the turning basin in Redwood City,
CA, 600 feet off of Wharf 5, in position 37[deg]30'21.0'' N,
122[deg]12'51.0'' W at 9:30 on July 4, 2005.
(9) Martinez Fireworks Display, sponsored by the City of Martinez:
Fireworks will be launched from a pier in the Martinez Marina in
Martinez, CA. The 20-minute fireworks display will start at 9:30 p.m.
on July 4, 2005.
(10) Pittsburg Fireworks Display, sponsored by the Pittsburg
Chamber of Commerce: Fireworks will be launched from a pier in the
Pittsburg Marina in Pittsburg, CA. The 15-minute fireworks display will
start at 9:30 p.m. on July 4, 2005.
(11) Antioch Fireworks Display, sponsored by the City of Antioch:
Loading of the fireworks barge will commence at 9 a.m. at the Fulton
Shipyard in Antioch on July 4, 2005. The 30-minute fireworks display
will take place in Antioch, CA, 600 feet off of Big Break Road in
Antioch, CA at 9:30 p.m. on July 4, 2005.
(12) Baron Hilton Fireworks Display, sponsored by the Hilton Hotel
Corporation: Loading of the fireworks barge will commence at 11 a.m. at
the Dutra Corporation Yard in Rio Vista on July 2, 2005. The 20-minute
fireworks display will take place in Stockton, CA, 3,000 feet off of
Venice Island at 9:30 p.m. on July 4, 2005.
(13) North Lake Tahoe King's Beach Fireworks Display, sponsored by
the North Tahoe Business Association: Loading of the fireworks barge
will commence at 9 a.m. at Williamson Yard in Tahoe City on July 3,
2005. The 10-minute fireworks display will take place in North Lake
Tahoe, NV, 700 feet offshore of Kings Beach at 9:30 p.m. on July 3,
2005.
(14) Tahoe City Fireworks Display, sponsored by the Tahoe City
Rotary: Loading of the fireworks barge will commence at 9 a.m. at
Williamson Yard in Tahoe City on July 3, 2005. The 10-minute fireworks
display will take place in Tahoe City, CA, 700 feet offshore of Common
Beach at 9:30 p.m. on July 4, 2005.
(15) Glenbrook Community Fireworks Display, sponsored by the
Glenbrook Community Homeowners Association: Loading of the fireworks
barge will commence at 10 a.m. at the Tahoe Keys Marina on July 4,
2005. The 20-minute fireworks display will take place in Glenbrook, NV,
1,000 feet off of Glenbrook Beach, in position 39[deg]05'22.0'' N,
119[deg]56'55.0'' W at 9:45 p.m. on July 4, 2005.
(16) Incline Village on Lake Tahoe Fireworks Display, sponsored by
the Parasol Foundation: Loading of the fireworks barge will commence at
8 a.m. at Obexer's Marina on July 4, 2005. The 30-minute fireworks
display will take place in Incline Village, NV, 1,000 feet off the
shore of Crystal Bay at 21:00 on July 4, 2005.
(17) South Lake Tahoe Gaming Alliance Fireworks Display, sponsored
by the Tahoe Douglas Visitors Authority: Loading of the three fireworks
barges will commence at 10 a.m. at the South Lake Tahoe Keys Marina on
July 2, 2005. The 30-minute fireworks display will take place 500 feet
off of the southern shore of Lake Tahoe, CA near the Nevada border at
9:15 p.m. on July 4, 2005.
(18) Pillar Point Fireworks Display, sponsored by Light up the Sky:
Fireworks will be launched from the Harbor Jetty in Pillar Point, CA.
The 30-minute fireworks display will start at 9 p.m. on July 4, 2005.
(19) City of Monterey Fireworks Display, sponsored by the Monterey
[[Page 38013]]
Department of Recreation and Community Services: Loading of the
fireworks barge will commence at 9 a.m. at the Monterey U.S. Coast
Guard Pier on July 4, 2005. The 20-minute fireworks display will take
place in Monterey Bay, CA, east of Municipal Wharf 2 at 9:15
p.m. on July 4, 2005.
(c) Definitions. For purposes of this section--
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Group San Francisco.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Group San Francisco with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
(d) Special Local Regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by an Official Patrol.
(e) Enforcement period. For each of the listed fireworks displays
in paragraph (b) of this section, this section will be enforced during
the loading of the fireworks barge(s), during the transit of the
fireworks barge(s) to the display location, and until the conclusion of
the fireworks display.
Dated: June 22, 2005.
K. J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 05-13064 Filed 6-30-05; 8:45 am]
BILLING CODE 4910-15-P