[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Rules and Regulations]
[Page 11814-11816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0080]
RIN 1625-AA00
Safety Zone; Bass Wedding 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 for
loading, transport, and launching of fireworks used to celebrate the
Bass Wedding Ceremony. The fireworks displays will be held on March 8,
2008, on San Francisco Bay. This safety zone is established to ensure
the safety of participants and spectators from the dangers associated
with the pyrotechnics. 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 11:59 a.m. on March 6, 2008, until
9:30 p.m. on March 8, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0080 and are available online
at www.regulations.gov. They are also available for inspection or
copying two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and 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) 399-7436.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. 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, the 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 the fireworks display.
Background and Purpose
The Bass Wedding Party is sponsoring a brief fireworks display on
March 8, 2008 to celebrate the wedding of Mr. and Mrs. Bass. The
fireworks display is scheduled to launch at 9 p.m., on March 8, 2008,
and last approximately twenty minutes. The safety zone is being issued
to establish a temporary regulated area on San Francisco Bay 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. The 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.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of San Francisco Bay. During the loading of the
fireworks barge, while the barge is being towed to the display
location, and until 8:45 p.m. on March, 8, 2008, the safety zone will
apply to the navigable waters around and under the fireworks barge
within a radius of 100
[[Page 11815]]
feet. From 8:45 p.m. to 9:30 p.m. on March 8, 2008, the area to which
the 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 pyrotechnics onto the fireworks barge at 11:59 a.m. on
March 6, 2008, and will take place at Pier 20, 2900 Main Street, in
Alameda, CA. Towing of the barge from Pier 20 to the display location
is scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008.
During the fireworks display, scheduled to commence at 9 p.m., the
fireworks barge will be located approximately 600 feet off of Treasure
Island in San Francisco, CA in position 37[deg]49'12.90'' N,
122[deg]22'37.93'' W (NAD83).
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 20 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 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 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 Broadcast 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 offer 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 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
[[Page 11816]]
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)(g), of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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.
0
2. Add temporary Sec. 165-T11-011 to read as follows:
Sec. 165-T11-011 Safety Zone; Bass Wedding Fireworks Display, San
Francisco, CA.
(a) Location. This temporary safety zone is established for the
waters of San Francisco Bay surrounding a barge used as a launch
platform for a fireworks display.
(1) Loading of pyrotechnics onto the fireworks barge will commence
at 11:59 a.m. on March 6, 2008, and will take place at Pier 20, 2900
Main Street, in Alameda, CA.
(2) Towing of the barge from Pier 20 to the display location is
scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008.
(3) During the fireworks display, scheduled to commence at 9 p.m.,
on March 8, 2008, the barge will be located 600 feet from Treasure
Island in San Francisco, CA in position 37[deg]49'12.90'' N,
122[deg]22'37.93'' W (NAD83).
(b) Enforcement Period. This section will be enforced from 11:59
a.m. on March 6, 2008, to 9:30 p.m. on March 8, 2008. If the events
conclude prior to their scheduled termination times, the Coast Guard
will cease enforcement of this safety zone and will announce that fact
via Broadcast Notice to Mariners.
(c) Regulations. (1) 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.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, San Francisco, or the designated
representative.
(3) Designated representative means any commissioned, warrant, and
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard
Auxiliary, local, state, or federal law enforcement vessel who is
authorized to act on behalf of the Captain of the Port, San Francisco.
(4) 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. Persons and vessels may request permission
to enter the safety zone on VHF-16 or the 24-hour Command Center via
telephone at (415) 399-3547.
(5) The U.S. Coast Guard may be assisted in the patrol and
enforcement of this safety zone by local law enforcement as necessary.
Dated: February 19, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E8-4263 Filed 3-4-08; 8:45 am]
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