[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Rules and Regulations]
[Pages 25778-25780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD11-05-004]
RIN 1625-AA08


Special Local Regulation; 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 special local regulations in 
the navigable waters of San Francisco Bay for the loading, transport, 
and launching of fireworks used during the KFOG ``KaBoom'' Fireworks 
Display to be held on May 21, 2005. These special local regulations are 
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 9 a.m. on May 19, 2005, to 10 p.m. 
on May 21, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD-11 05-004] 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: Ensign Trevor Parra, U.S. Coast Guard 
Marine Safety Office San Francisco Bay, at (510) 437-5873.

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, 
special local regulations 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.
    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. Because of the dangers posed by 
the pyrotechnics used in this fireworks display it is necessary to make 
it effective as soon as possible.

Background and Purpose

    The San Francisco Radio Station KFOG is sponsoring a brief 
fireworks display on May 21, 2005 in the waters of San Francisco Bay 
near Pier 30. The fireworks display is meant for entertainment purposes 
in support of KFOG's annual festival in San Francisco. These special 
local regulations are 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, and during the fireworks display. This 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.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
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 
special local regulations will apply to the navigable waters around and 
under the fireworks barge within a radius of 100 feet. During the 20-
minute fireworks display, the area to which these special local 
regulations apply 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 9 a.m. on May 19, 2005, 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 21, 2005. During the 
fireworks display, scheduled to commence at 9 p.m. on May 21, 2005, the 
fireworks barge will be located approximately 1,000 feet off of Pier 30 
in position 37[deg]47.35' N, 122[deg]22.86' W.
    The effect of the temporary special local regulations will be to 
restrict general navigation in the vicinity of the fireworks barge from 
the time 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 regulated 
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.
    Pursuant to 33 U.S.C. 1236, persons violating these special local 
regulations may be liable as follows: Suspension or revocation of the 
license of a licensed officer for incompetence or misconduct; civil 
penalty of $6,500 for any person in charge of the navigation of a 
vessel other than a licensed officer; civil penalty of $6,500 for the 
owner of a vessel (including any corporate officer of a corporation 
owning the vessel) who is actually on board; and $2,750 for any other 
person.

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).
    The entities most likely to be affected are pleasure craft engaged 
in recreational activities. Although this regulation prevents traffic 
from transiting a portion of San Francisco Bay during the event, the 
effect of this regulation will not be significant due to the small size 
and limited duration of

[[Page 25779]]

the regulated area and the fact that vessels will be able to transit 
safely around the area.

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 is 
not expected to have a significant economic impact on a substantial 
number of small entities. This rule may effect 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 these special local regulations 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.
    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 or 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 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, 
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)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under those sections.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.


[[Page 25780]]



0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233, Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  100.35-T11-021 to read as follows:


Sec.  100.35-T11-021  Special Local Regulation; KFOG ``KaBoom'' 
Fireworks Display, San Francisco Bay, CA.

    (a) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Group San Francisco.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Group San Francisco with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (b) Regulated Area. A regulated area 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. During the 20-
minute fireworks display, the 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 9 a.m. on May 19, 2005, 
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 
21, 2005. During the fireworks display, scheduled to start at 9 p.m. on 
May 21, 2005, the barge will be located approximately 1,000 feet off of 
San Francisco Pier 30 in position 37[deg]47.35' N, 122[deg]22.86' W.
    (c) Special Local Regulations.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by an Official Patrol.
    (3) Persons desiring to transit the area of a safety zone may 
contact the Coast Guard Patrol Commander 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 Patrol 
Commander.
    (d) Effective Period. This section will be effective from 9 a.m. on 
May 19, 2005, to 10 p.m. on May 21, 2005. If the event concludes prior 
to the scheduled termination time, the Coast Guard will cease 
enforcement of the special local regulations and will announce that 
fact via Broadcast Notice to Mariners.

    Dated: April 19, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 05-9637 Filed 5-13-05; 8:45 am]
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