[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29433-29435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11694]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 04-010]
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, moving safety 
zone in the navigable waters of San Francisco Bay, California, around a 
fireworks launch barge used during a fireworks display following a San 
Francisco Giants Baseball game on Memorial Day weekend. The safety zone 
is necessary to provide for the safety of mariners in the vicinity of 
the fireworks barge and for the safety of the vessels, crews, and 
technicians working the fireworks launch barge and pyrotechnics. 
Persons and vessels are prohibited from entering into or transiting 
through the safety zone, unless authorized by the Captain of the Port 
or his designated representative.

DATES: This rule is effective from 10 a.m. to 11:30 p.m. (PDT) on May 
29, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Francisco Bay 04-010] 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 Doug L. Ebbers, 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), 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. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to temporarily close the area around the fireworks barge 
during loading, transit, and the fireworks display to protect the 
maritime public from the hazards associated with the pyrotechnics and 
the fireworks display, which are intended for public entertainment.
    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, for the same reasons as stated 
above.

Background and Purpose

    The San Francisco Giants Baseball Team is sponsoring a short 
fireworks display on May 29, 2004 in the waters of San Francisco Bay 
near SBC Park immediately following a baseball game on Memorial Day 
Weekend. The fireworks barge will be located

[[Page 29434]]

approximately 500 feet off of Pier 48. The safety zone is necessary to 
protect the spectators, vessels, and other property from the hazards 
associated with the pyrotechnics on the launch barge and the fireworks 
show. The temporary safety zone will consist of a portion of the 
navigable waters of San Francisco Bay, California. The Coast Guard has 
granted the San Francisco Giants and Pyro Spectaculars a marine event 
permit for this event.

Discussion of Rule

    During the loading of the fireworks barge at Pier 50 in San 
Francisco, while the barge is being towed from Pier 50 to the location 
of the fireworks display, and until the start of the fireworks display, 
the safety zone will encompass the navigable waters around and under 
the fireworks barge within a radius of 100 feet. During the 15-minute 
fireworks display, which will take place in a position approximately 
500 feet off of Pier 48 in position 37[deg]46'34'' N, 122[deg]23'00'' 
W, the safety zone will increase in size to encompass the navigable 
waters around and under the fireworks barge within a radius of 1,000 
feet. Entry into, transit through or anchoring within this safety zone 
is prohibited, unless authorized by the Captain of the Port or his 
designated representative.
    U.S. Coast Guard personnel will enforce this safety zone. The Coast 
Guard may be assisted by other Federal, State, or local agencies, 
including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code 
of Federal Regulations, prohibits any unauthorized person or vessel 
from entering or remaining in a safety zone. Vessels or persons 
violating this section will be subject to the penalties set forth in 33 
U.S.C. 1232. Pursuant to 33 U.S.C. 1232, any violation of the safety 
zone described herein, will be punishable by civil penalties (not to 
exceed $32,500 per violation, where each day of a continuing violation 
is a separate violation), criminal penalties (imprisonment up to 6 
years and a maximum fine of $250,000), and in rem liability against the 
offending vessel. Any person who violates this section, using a 
dangerous weapon, or who engages in conduct that causes bodily injury 
or fear of imminent bodily injury to any officer authorized to enforce 
this regulation, also faces imprisonment up to 12 years.

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 the safety zone will restrict boating traffic within San 
Francisco Bay, the effect of this regulation will not be significant as 
the safety zone will encompass only a small portion of the waterway and 
will be short in duration. The entities most likely to be affected are 
pleasure craft engaged in recreational activities and sightseeing.

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. As discussed above, the safety zone may affect the following 
entities, some of which may be small entities: The owners and operators 
of pleasure craft engaged in recreational activities and sightseeing. 
The safety zone will not have a significant economic impact on a 
substantial number of small entities for several reasons: Vessel 
traffic can pass safely around the area, vessels engaged in 
recreational activities and sightseeing have ample space outside of the 
safety zone to engage in these activities, and this zone will encompass 
only a small portion of the waterway for a limited period of time. The 
maritime public will be advised of the 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 the person listed under FOR FURTHER INFORMATION CONTACT.
    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 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

[[Page 29435]]

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.

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'' 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(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. Temporarily add Sec.  165.T11-014 to read as follows:


Sec.  165.T11-014  Safety Zone: San Francisco Bay, California.

    (a) Location. During the loading of the fireworks barge at Pier 50 
in San Francisco, during the transit of the barge to the location of 
the fireworks display, and until the fireworks display commences, the 
safety zone will encompass the navigable waters of San Francisco Bay 
within a radius of 100 feet around and under the fireworks launch 
barge. During the 15-minute fireworks display, the safety zone will 
increase in size to encompass the navigable waters of San Francisco Bay 
within a radius of 1,000 feet around and under the fireworks launch 
barge, which will be located 500 feet off of Pier 48 in approximate 
position 37[deg]46'34'' N, 122[deg]23'00'' W.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port or his designated representative.
    (2) Persons desiring to transit the area of a safety zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (3) 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.
    (c) Effective period. The safety zone in this section is effective 
from 10 a.m. until 11:30 p.m, on May 29, 2004.
    (d) Enforcement period. (1) A 100-foot safety zone will be enforced 
during loading operations, scheduled to commence at 10 a.m. (PDT) on 
May 29, 2004.
    (2) A 100-foot safety zone will be enforced while the barge is 
towed from Pier 50 to the location of the fireworks display 
approximately 500 feet off of Pier 48. The towing evolution is 
scheduled to take place between 9 p.m. and 10 p.m. (PDT) on May 29, 
2004. (3) The safety zone will increase in size to 1,000 feet, and be 
enforced during the 15-minute fireworks display, which will commence 
approximately 5 minutes after the conclusion of the baseball game. The 
conclusion of the baseball game is tentatively scheduled to occur 
between 10:30 p.m. and 11 p.m. (PDT) on May 29, 2004.

    Dated: May 13, 2004.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay.
[FR Doc. 04-11694 Filed 5-21-04; 8:45 am]
BILLING CODE 4910-15-U