[Federal Register: June 18, 2007 (Volume 72, Number 116)]
[Rules and Regulations]
[Page 33391-33393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn07-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-016]
RIN 1625-AA00
Safety Zone; City of San Francisco Fourth of July Fireworks
Display, San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Francisco Bay for the loading, transport, and
launching of fireworks to celebrate Independence Day. This safety zone
is established to ensure the safety of participants and spectators.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or his designated representative.
DATES: This rule is effective from 9 a.m. on July 3, 2007 to 10 p.m. on
July 4, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket COTP San Francisco Bay 07-016 and are
available for inspection or copying at Coast Guard Sector San
Francisco, 1 Yerba Buena Island, San Francisco, California, 94130,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast
Guard Sector San Francisco, at (415) 556-2950 ext. 136.
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. Because of the dangers posed by the
pyrotechnics used in this fireworks display, safety zones are necessary
to provide for the safety of event participants, spectators, and
vessels transiting the event area. Because of these safety concerns, it
is in the public interest to have these regulations in effect during
the event.
For the same reasons, the Coast Guard finds that good cause exists
under 5 U.S.C. 553(d)(3) 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 this fireworks display.
Background and Purpose
The City of San Francisco is sponsoring a fireworks display on July
4, 2007 in the waters of San Francisco Bay near Pier 39. The fireworks
display is meant for entertainment purposes in celebration of
Independence Day. This safety zone is being issued to establish a
temporary regulated area in San Francisco around the fireworks launch
barge during loading of the pyrotechnics, during the transit of the
barge to the display location, and during the fireworks display. This
safety zone around the launch barge is necessary to protect spectators,
vessels, and other property from the hazards associated with the
pyrotechnics on the fireworks barge. The Coast Guard has granted the
event sponsor a marine event permit for the fireworks display.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of San Francisco Bay near Piers 39 and 50. 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
safety zone will apply to the navigable waters around and under the
fireworks barge within a radius of 100 feet. Fifteen minutes prior to
and during the twenty-five minute fireworks display, the area to which
this safety zone applies to 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 July 3, 2007, 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 July 4, 2007. During the
fireworks display, scheduled to commence at approximately 9:30 p.m.,
the fireworks barge will be located approximately 1,000 feet off of
Pier 39 in position 37[deg]48.71' N, 122[deg]24.46' W.
The effect of the temporary safety zone will be to restrict general
navigation in the vicinity of the fireworks barge while 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 safety zone. This safety zone is
needed to keep spectators and vessels a safe distance away from the
fireworks barge to ensure the safety of participants, spectators, and
transiting vessels.
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.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via publicly
broadcasted notice to mariners to ensure the safety zone will result in
minimum impact. The entities most likely to be affected are pleasure
craft engaged in recreational activities.
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
entities. This rule
[[Page 33392]]
will affect the following entities, some of which may be small
entities: 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 this safety zone via
publicly broadcasted 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 want to assist small
entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 affect 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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. Paragraph (34)(g) is applicable because this rule
establishes 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, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
[[Page 33393]]
0
2. Add temporary Sec. 165.T11-195 to read as follows:
Sec. 165.T11-195 Safety Zone; City of San Francisco Fourth of July
Fireworks Display, San Francisco Bay, CA.
(a) Location. The following area is a safety zone: The waters of
San Francisco Bay near Piers 39 and 50 surrounding a barge used as the
launch platform for a fireworks display to be held in celebration of
Independence Day. During the loading of the fireworks barge, during the
transit of the fireworks barge to the display location, and until
fifteen minutes prior to the start of the fireworks display, the safety
zone will encompass the navigable waters, from surface to bottom,
around the fireworks barge within a radius of 100 feet. During the
fifteen minutes preceding the fireworks display and during the twenty-
five minute fireworks display itself, the safety zone increases in size
to encompass the navigable waters, from surface to bottom, around 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 July 3, 2007, 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 July 4, 2007. During the fireworks display, scheduled
to start at approximately 9:30 p.m. on July 4, 2007, the barge will be
located approximately 1,000 feet off of Pier 39 in position
37[deg]48.71' N, 122[deg]24.46' W.
(b) Effective period. This section is effective from 9 a.m. on July
3, 2007 through 10 p.m. on July 4, 2007. If the event concludes prior
to the scheduled termination time, the Coast Guard will cease
enforcement of the safety zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by any vessel or person is prohibited, unless
specifically authorized by the Captain of the Port San Francisco, or
his designated representative.
(d) 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 can be comprised of
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, state, or 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.
The U.S. Coast Guard may be assisted in the patrol and enforcement
of this safety zone by local law enforcement.
Dated: June 4, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-11716 Filed 6-15-07; 8:45 am]
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