[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24361-24363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11299]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 03-008]
RIN 1625-AA00


Safety Zone; 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, California, off the San 
Francisco waterfront, for the ``KFOG KaBoom'' fireworks display. The 
safety zone will encompass the navigable waters within a 1,000-foot 
radius of the launch platform, which will be located approximately 
1,000 feet off Piers 30 and 32 in San Francisco, California. This 
safety zone is necessary to provide for the safety of mariners in the 
vicinity of the fireworks display and for the safety of the vessel, its 
crew, and technicians working the fireworks launch barge and the 
pyrotechnics.

DATES: This temporary rule is effective from 7 p.m. to 10 p.m. on May 
10, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket [COTP San Francisco Bay 03-008] 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: Lieutenant Diana J. Cranston, U.S. 
Coast Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.

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) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Because the event's sponsor scheduled this year's 
event on a date inconsistent with the date listed in Table 1 to 33 CFR 
165.1191 (Safety Zones: Northern California annual fireworks events), a 
temporary final rule became necessary. Due to specific event sponsored 
logistical coordination issues, the Coast Guard only recently became 
aware of the date change, and therefore there was insufficient time for 
the Coast Guard to draft and publish an NPRM, or a temporary final rule 
30 days prior to the event. As such, the event would occur before the 
rulemaking process was complete. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to temporarily close the fireworks area and to protect the 
maritime public from the hazards associated with these fireworks 
displays, which are intended for public entertainment.
    On July 21, 1999, we published a final rule entitled ``Special 
Local Regulations and Safety Zones; Northern California Annual Marine 
Events'' in the Federal Register (64 FR 39027), after publishing an 
NPRM on August 31, 1998 (63 FR 46206). The July 21, 1999 final rule, 
among other things, added a master list of recurring fireworks events 
to the Code of Federal Regulations in new Sec.  165.1112 of title 33, 
Code of Federal Regulations. This section was redesignated as Sec.  
165.1191 on June 25, 2001 (66 FR 33642). Table 1 to Sec.  165.1191 
lists the annual date for ``KFOG KaBoom'' as ``Last Saturday in May.''
    This year's event will take place on May 10, 2003. The Coast Guard 
will work with the event sponsor to determine the date of future KFOG 
KaBoom events. If necessary, the Coast Guard will publish an NPRM to 
propose appropriate changes to 33 CFR Sec.  165.1191, so mariners and 
members of the public can better anticipate future fireworks events in 
Northern California.

Background and Purpose

    The KFOG KaBoom is an annual fireworks show, which combines 
fireworks and music and is presented by KFOG, a San Francisco radio 
station. This safety zone is necessary to protect the spectators, and 
vessels and other property from the hazards associated with the 
fireworks show. This temporary safety zone will consist of a small 
portion of the navigable waters of the San Francisco Bay along the San 
Francisco waterfront.

Discussion of Rule

    The temporary safety zone consists of the navigable waters of San 
Francisco Bay within a 1,000 foot radius of the launch platform, 
located approximately 1,000 feet off Piers 30 and 32 in San Francisco, 
California. Entry into, transit through or anchoring within the safety 
zone by all vessels is prohibited, unless authorized by the Captain of 
the Port, or his designated representative.

[[Page 24362]]

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).
    Although this safety zone will restrict boating traffic, the effect 
of this regulation will not be significant as the safety zone is will 
affect only a small portion of the waterway and will be short in 
duration.

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. 
For the same reasons set forth in the above Regulatory Evaluation, the 
Coast Guard certifies under 5 U.S.C. Sec.  605(b) that this rule is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of their size.
    Any impact to small entities would not be significant since this 
zone will encompass only a small portion of the waterway for a limited 
period of time and vessels can safely navigate around the safety zone.

Assistance For Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer 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 or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 contains no collection of information requirements 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 because we are establishing a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and record 
keeping 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:


[[Page 24363]]


    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. From 7 p.m. to 10 p.m. on May 10, 2003, in Sec.  165.1191 
temporarily suspend the entry in Table 1 to the section for ``KFOG 
KaBoom'' and add a new temporary paragraph (c) to read as follows:


Sec.  165.1191  Safety Zones: Northern California annual fireworks 
events.

* * * * *
    (c) KFOG KaBoom Safety Zone. The safety zone for KFOG KaBoom in San 
Francisco consists of the navigable waters within a 1,000-foot radius 
of the launch platform, which will be located approximately 1,000 feet 
off Piers 30 and 32 in San Francisco, California. This safety zone will 
be enforced from 7 p.m. PDT to 10 p.m. PDT on May 10, 2003. In 
accordance with the general regulations in Sec.  165.23 of this part, 
entering into, transiting through, or anchoring within this zone is 
prohibited, unless authorized by the Captain of the Port or the Patrol 
Commander, or their designated representative.

    Dated: April 25, 2003.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 03-11299 Filed 5-6-03; 8:45 am]
BILLING CODE 4910-15-P