[Federal Register: May 16, 2005 (Volume 70, Number 93)]
[Rules and Regulations]
[Page 25778-25780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my05-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD11-05-004]
RIN 1625-AA08
Special Local Regulation; KFOG ``KaBoom'' Fireworks Display, San
Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations in
the navigable waters of San Francisco Bay for the loading, transport,
and launching of fireworks used during the KFOG ``KaBoom'' Fireworks
Display to be held on May 21, 2005. These special local regulations are
intended to prohibit vessels and people from entering into or remaining
within the regulated areas in order to ensure the safety of
participants and spectators.
DATES: This rule is effective from 9 a.m. on May 19, 2005, to 10 p.m.
on May 21, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD-11 05-004] 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: Ensign Trevor Parra, U.S. Coast Guard
Marine Safety Office San Francisco Bay, at (510) 437-5873.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(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. Because of the
dangers posed by the pyrotechnics used in this fireworks display,
special local regulations are necessary to provide for the safety of
event participants, spectator craft, and other vessels transiting the
event area. For the safety concerns noted, it is in the public interest
to have these regulations in effect during the event.
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. Because of the dangers posed by
the pyrotechnics used in this fireworks display it is necessary to make
it effective as soon as possible.
Background and Purpose
The San Francisco Radio Station KFOG is sponsoring a brief
fireworks display on May 21, 2005 in the waters of San Francisco Bay
near Pier 30. The fireworks display is meant for entertainment purposes
in support of KFOG's annual festival in San Francisco. These special
local regulations are being issued to establish a temporary regulated
area in San Francisco Bay around the fireworks launch barge during the
loading of the pyrotechnics, during the transit of the barge to the
display location, and during the fireworks display. This regulated area
around the launch barge is necessary to protect spectators, vessels,
and other property from the hazards associated with the pyrotechnics on
the fireworks barge.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters off of the San Francisco waterfront. During the
loading of the fireworks barge, while the barge is being towed to the
display location, and until the start of the fireworks display, the
special local regulations will apply to the navigable waters around and
under the fireworks barge within a radius of 100 feet. During the 20-
minute 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 within a radius of 1,000
feet. Loading of the pyrotechnics onto the fireworks barge is scheduled
to commence at 9 a.m. on May 19, 2005, and will take place at Pier 50
in San Francisco. Towing of the barge from Pier 50 to the display
location is scheduled to take place on May 21, 2005. During the
fireworks display, scheduled to commence at 9 p.m. on May 21, 2005, the
fireworks barge will be located approximately 1,000 feet off of Pier 30
in position 37[deg]47.35' N, 122[deg]22.86' W.
The effect of the temporary special local regulations will be to
restrict general navigation in the vicinity of the fireworks barge from
the time the fireworks are loaded at Pier 50, during the transit of the
fireworks barge, and until the conclusion of the scheduled display.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area. These regulations are needed to keep spectators and vessels a
safe distance away from the fireworks barge 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).
The entities most likely to be affected are pleasure craft engaged
in recreational activities. Although this regulation prevents traffic
from transiting a portion of San Francisco Bay during the event, the
effect of this regulation will not be significant due to the small size
and limited duration of
[[Page 25779]]
the regulated area and the fact that vessels will be able to transit
safely around the area.
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 is
not expected to 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. 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 area, (ii) vessels engaged in recreational
activities and sightseeing have ample space outside of the effected
portion of San Francisco Bay to engage in these activities, (iii) this
rule will encompass only a small portion of the waterway 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.
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 or 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
[[Page 25780]]
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 Sec. 100.35-T11-021 to read as follows:
Sec. 100.35-T11-021 Special Local Regulation; KFOG ``KaBoom''
Fireworks Display, San Francisco Bay, CA.
(a) Definitions. (1) 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.
(2) 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.
(b) Regulated Area. A regulated area is established for the waters
of San Francisco Bay surrounding a barge used as a firework launch
platform during the KFOG ``KaBoom'' fireworks display. During the
loading of the fireworks barge, during the transit of the fireworks
barge to the display location, and until the start of the fireworks
display, the regulated area encompasses the navigable waters around and
under the fireworks barge within a radius of 100 feet. During the 20-
minute fireworks display, the regulated area increases in size to
encompass the navigable waters around and under the fireworks launch
barge within a radius of 1,000 feet. Loading of the pyrotechnics onto
the fireworks barge is scheduled to commence at 9 a.m. on May 19, 2005,
and will take place at Pier 50 in San Francisco. Towing of the barge
from Pier 50 to the display location is scheduled to take place on May
21, 2005. During the fireworks display, scheduled to start at 9 p.m. on
May 21, 2005, the barge will be located approximately 1,000 feet off of
San Francisco Pier 30 in position 37[deg]47.35' N, 122[deg]22.86' W.
(c) 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.
(3) Persons desiring to transit the area of a safety zone may
contact the Coast Guard Patrol Commander 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 Patrol
Commander.
(d) Effective Period. This section will be effective from 9 a.m. on
May 19, 2005, to 10 p.m. on May 21, 2005. If the event concludes prior
to the scheduled termination time, the Coast Guard will cease
enforcement of the special local regulations and will announce that
fact via Broadcast Notice to Mariners.
Dated: April 19, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 05-9637 Filed 5-13-05; 8:45 am]
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