[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Rules and Regulations]
[Page 26296-26298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my07-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-006]
RIN 1625-AA00
Safety Zone; 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 a temporary safety zone in the
navigable waters of San Francisco Bay for the loading, transport,
inactive period, and launching of fireworks used during the KFOG
``KaBoom'' Fireworks Display to be held on May 12, 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. on May 10, 2007, to 9:30 p.m.
on May 12, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket COTP San Francisco Bay 07-006 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 extension 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, 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.
For the same reasons listed in the previous paragraph, 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 San Francisco Radio Station KFOG is sponsoring a brief
fireworks display on May 12, 2007 in the waters of San Francisco Bay
near Piers 30 and 32. The fireworks display is meant for entertainment
purposes in support of KFOG's annual festival in San Francisco. This
safety zone is 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, inactive period, and during the fireworks display. This
temporary 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. 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 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
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-two 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 8 a.m. on May 10, 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 May 12, 2007. During the
fireworks display, scheduled to commence at 9 p.m. on May 12, 2007, the
fireworks barge will be located approximately 1,000 feet off of Pier 30
in position 37[deg]47.21' N, 122[deg]22.86' 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 public broadcast
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
[[Page 26297]]
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 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 public notice
to mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. 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.
[[Page 26298]]
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. Add temporary Sec. 165.T11-180 to read as follows:
Sec. 165.T11-180 Safety Zone; KFOG ``KaBoom'' Fireworks Display, San
Francisco Bay, CA.
(a) Location. This safety zone 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. Fifteen minutes prior to
and during the twenty-two minute fireworks display, the temporary
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 8 a.m. on May 10, 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 May 12, 2007. During the
fireworks display, scheduled to start at 9 p.m. on May 12, 2007, the
barge will be located approximately 1,000 feet from San Francisco Pier
30 in position 37[deg]47.21[min] N, 122[deg]22.86[min] W.
(b) Enforcement Period. This section will be enforced from 8 a.m.
May 10, 2007 to 9:30 p.m. on May 12, 2007. If the event concludes prior
to the scheduled termination time, the Coast Guard will cease
enforcement of this 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: April 20, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-8815 Filed 5-8-07; 8:45 am]
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