[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Rules and Regulations]
[Page 33888-33890]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-022]
RIN 1625-AA00
Safety Zone; Fireworks Extravaganza, City of Antioch, 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 the San Joaquin River for the loading,
transport, and launching of fireworks used during the City of Antioch
Fireworks Extravaganza, to be held on July 4, 2007. This safety zone is
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 8 a.m. to 9:30 p.m. on July 4, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of the docket COTP San Francisco Bay 07-022 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 United States
Coast Guard Sector San Francisco, at (415) 556-2950 extension 136, or
the 24-hour Command Center at (415) 399-3547.
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, this
safety zone is 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. 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 Antioch will sponsor a fireworks display on July 4,
2007 in the waters of the San Joaquin River. The fireworks display is
meant for entertainment purposes. This temporary, moving safety zone is
issued to establish a temporary restricted area in the San Joaquin
River 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 restricted 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 a temporary, moving safety zone in
the navigable waters of the San Joaquin River near Antioch's shoreline.
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 temporary, moving safety zone applies to the navigable
waters around and under the fireworks barge within a radius of 100
feet. Fifteen minutes prior to and during the twenty minute fireworks
display, the area to which the temporary safety zone applies 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 8
a.m. on July 4, 2007, and will take place at Fulton Shipyard, 307
Fulton Shipyard Road, Antioch, California. Towing of the barge from
Fulton Shipyard to the display location is scheduled to take place
between 7 p.m. and 9 p.m. on July 4, 2007. During the fireworks
display, scheduled to commence at approximately 9 p.m., the fireworks
barge will be located approximately 600 feet off of Antioch's shoreline
in approximate position 38[deg]01'21'' N, 121[deg]49'06'' W and travel
east in a straight line to 38[deg]01'11'' N, 121[deg]48'15'' W.
The effect of the temporary, moving safety zone will be to restrict
navigation in the vicinity of the fireworks barge while the fireworks
are loaded at Fulton Shipyard, 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 restricted 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.
Unauthorized persons or vessels are prohibited from entering or
remaining in a safety zone. Vessels or persons violating this section
will be subject to both criminal and civil penalties.
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 regulation prevents traffic from transiting a portion
of the San Joaquin River during the event, the effect of this
regulation will not be significant due to the small size and limited
duration of the regulated area. The entities most likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
We expect the economic impact of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
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
[[Page 33889]]
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 entities, some of which may be small entities. This rule may
affect 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 the San Joaquin River 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
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 Ensign Sheral Richardson, U.S. Coast Guard Sector San
Francisco, at (415) 556-2950 extension 136.
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 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.
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:
[[Page 33890]]
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.
0
2. Add temporary Sec. 165.T11-198 to read as follows:
Sec. 165.T11-198 Safety Zone; Fireworks Extravaganza, City of
Antioch, San Francisco Bay, CA.
(a) Location. A temporary, moving safety zone is established for
the waters of the San Joaquin River surrounding a barge used as the
launch platform for a fireworks display. 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 restricted area encompasses the navigable waters
around and under the fireworks barge within a radius of 100 feet.
During the fifteen minutes preceding the fireworks display and during
the twenty minute fireworks display itself, the safety zone 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 8
a.m. on July 4, 2007, and will take place at Fulton Shipyard in
Antioch. Towing of the barge from Fulton Shipyard to the display
location is scheduled to take place between 7 p.m. and 9 p.m. on July
4, 2007. During the fireworks display, scheduled to start at
approximately 9 p.m. on July 4, 2007, the barge will be located
approximately 600 feet off from Antioch's shoreline in the San Joaquin
River in approximate position 38[deg]01'21'' N, 121[deg]49'06'' W and
travel east in a straight line to 38[deg]01'11'' N, 121[deg]48'15'' W.
(b) Effective period. This section is effective from 8 a.m. through
9:30 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 all vessels and persons 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, 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. The U.S. Coast Guard may be
assisted in the patrol and enforcement of this safety zone by local law
enforcement as necessary.
Dated: June 4, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-11858 Filed 6-19-07; 8:45 am]
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