[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38010-38013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13064]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD11-05-010]
RIN 1625-AA08


Special Local Regulations for Marine Events; Humboldt Bay, San 
Francisco Bay, Monterey Bay, and Lake Tahoe

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
the loading, transport, and launching of fireworks used during twenty 
two separate Fourth of July fireworks displays to be held in various 
locations in Northern California and Western Nevada. These special 
local regulations are intended to prohibit vessels and people from 
entering into or remaining within the regulated areas to ensure the 
safety of participants, spectators, and mariners transiting the event 
areas.

DATES: This rule is effective from 10 a.m. on July 2, 2005, to 11 p.m. 
on July 4, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket CGD 11-05-010 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 Ebbers, U.S. Coast 
Guard Marine Safety Office San Francisco Bay, at (510) 437-2770.

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 events were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the events would occur before 
the rulemaking process was complete. Because of the dangers posed by 
the pyrotechnics used in the fireworks displays, special local 
regulations are necessary to provide for the safety of event 
participants, spectator craft, and other vessels transiting the event 
areas. For the safety concerns noted, it is in the public's interest to 
have these regulations in effect during the events.
    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 displays.

Background and Purpose

    Various public and private agencies are sponsoring short fireworks 
displays between July 3, 2005, and July 5, 2005, throughout the Captain 
of the Port, San Francisco Bay Zone. The fireworks displays are meant 
for entertainment purposes in celebration of the Fourth of July 
Holiday. These special local regulations are being issued to establish 
temporary regulated areas around fireworks launch barges during the 
loading of pyrotechnics, during the transit of the barges to the 
display locations, and during the fireworks displays. For those 
displays launching fireworks from shore, temporary regulated areas are 
being established in the waters surrounding the shore-based launch 
locations. These regulated areas around the fireworks launch barges and 
launch locations are necessary to protect participants, spectators, and 
mariners transiting the event areas from the hazards associated with 
the pyrotechnics being used. The Coast Guard has granted marine event 
permits for each of the fireworks displays listed in this regulation.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Captain of the Port, San Francisco Bay Zone. 
For each of the fireworks displays involving barges, the special local 
regulations apply to the navigable waters around and under the 
fireworks barge(s) within a radius of 100 feet during the loading of 
pyrotechnics onto the barge(s), the towing of the barge(s) to the 
display location, and until the start of the fireworks display. During 
the 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(s) within a radius of 1,000 
feet. For shore-fired fireworks displays, the special local regulations 
apply to the navigable waters surrounding the launch location within a 
radius of 1,000 feet during the fireworks display.
    For barge-fired displays, the effect of the temporary special local 
regulations will be to restrict general navigation in the vicinity of 
fireworks barges during the loading of pyrotechnics, during the transit 
of the fireworks barges, and until the conclusion of the scheduled 
display. For shore-fired displays, the effect of the temporary special 
local regulations will be to restrict general navigation in the 
vicinity of the launch location during the fireworks display. Except 
for persons or vessels authorized by the Coast Guard Patrol Commander, 
no persons or vessels may enter or remain in the regulated areas. These 
regulations are needed to keep spectators and vessels a safe distance 
away 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).
    Although these regulations prevent traffic from transiting portions 
of the San Francisco Bay zone, the effect of these regulations will not 
be significant due to the small size and limited duration of the 
regulated areas. The entities most likely affected are pleasure craft 
engaged in recreational activities and sightseeing.

[[Page 38011]]

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 effect owners and operators of pleasure craft 
engaged in recreational activities and sightseeing, and small 
commercial sightseeing vessels. 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 regulated areas, 
(ii) vessels engaged in recreational activities and sightseeing have 
ample space outside of the regulated areas to engage in these 
activities, (iii) this rule will encompass small portions of the 
waterways 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. 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 Lieutenant Doug Ebbers, U.S. Coast Guard Marine Safety Office 
San Francisco Bay, at (510) 437-5873.
    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 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.

[[Page 38012]]

List of Subjects in 33 CFR Part 100

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

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 temporary Sec.  100.35-T11-028 to read as follows:


Sec.  100.35-T11-028  San Francisco Bay Zone Fourth of July Fireworks 
Displays.

    (a) Regulated Areas. (1) For each of the listed displays in 
paragraph (b) of this section using one or more barges as fireworks 
launch platforms, the regulated area encompasses the navigable waters 
around and under the fireworks barge(s) within a radius of 100 feet 
during the loading of the fireworks barge(s), during the transit of the 
fireworks barge(s) to the display location, and until the start of the 
fireworks display. During the fireworks display, the regulated area 
increases in size to encompass the navigable waters around and under 
the fireworks launch barge(s) within a radius of 1,000 feet.
    (2) For each of the listed displays in paragraph (b) of this 
section launching fireworks from shore, the regulated area encompasses 
the navigable waters surrounding the launch location within a radius of 
1,000 feet during the fireworks display.
    (b) Specific event times and locations. (1) Humboldt Bay Fireworks 
Display, sponsored by the City of Eureka: Loading of the fireworks 
barge will commence at 8 a.m. at the C-Street Pier in Humboldt Bay on 
July 3, 2005. The 30-minute fireworks display will take place in 
Humboldt Bay, CA, south of Woodley Island and west of Eureka Inner 
Reach Channel in position 40-48'14.0'' N, 124-10'01.0'' W at 9:30 p.m. 
on July 4, 2005.
    (2) Crescent City Fireworks Display, sponsored by the Crescent City 
Del Norte Chamber of Commerce: Fireworks will be launched from the 
Battery Point Jetty in Crescent City, CA, out over the Crescent City 
harbor. The 30-minute fireworks display will start at 9 p.m. on July 4, 
2005.
    (3) City of Sausalito Fireworks Display, sponsored by the City of 
Sausalito: Loading of the fireworks barge will commence at 8 a.m. at 
San Francisco's Pier 50 on July 4, 2005. The 20-minute fireworks 
display will take place in Sausalito, CA, 1,000 feet off the Sausalito 
shoreline, just north of Spinnaker Rest at 9:30 p.m. on July 4, 2005.
    (4) Vallejo Fireworks Display, sponsored by the City of Vallejo: 
Fireworks will be launched from Dry Dock 3 on Mare Island, CA, 
out over the Mare Island Strait. The 20-minute fireworks display will 
start at 9:30 p.m. on July 4, 2005.
    (5) San Francisco Municipal Pier Fireworks Display, sponsored by 
the City of San Francisco: Fireworks will be launched from the Aquatic 
Park Municipal Pier in San Francisco, CA. The 20-minute fireworks 
display will start at 9:30 p.m. on July 4, 2005.
    (6) San Francisco Pier 39 Fireworks Display, sponsored by the City 
of San Francisco: Loading of the two fireworks barges will commence at 
11 a.m. at Pier 50 in San Francisco on July 3, 2005. The 20-minute 
fireworks display will take place 1,000 feet off of Pier 39 in San 
Francisco, CA, in position 37[deg]48'49.0'' N, 122[deg]24'46.5'' W at 
9:30 p.m. on July 4, 2005.
    (7) Jack London Square Fireworks Display, sponsored by C.A.C. Real 
Estate Management: Loading of the fireworks barge will commence at 11 
a.m. at Pier 50 in San Francisco on July 4, 2005. The 20-minute 
fireworks display will take place in Alameda, CA, 600 feet off of the 
Howard Terminal, in position 37[deg]47'37.0'' N, 122[deg]16'55.0'' W at 
9:30 p.m. on July 4, 2005.
    (8) Redwood City Fireworks Display, sponsored by Peninsula 
Celebration Association: Loading of the fireworks barge will commence 
at 11 a.m. at Pier 50 in San Francisco on July 4, 2005. The 20-minute 
fireworks display will take place in the turning basin in Redwood City, 
CA, 600 feet off of Wharf 5, in position 37[deg]30'21.0'' N, 
122[deg]12'51.0'' W at 9:30 on July 4, 2005.
    (9) Martinez Fireworks Display, sponsored by the City of Martinez: 
Fireworks will be launched from a pier in the Martinez Marina in 
Martinez, CA. The 20-minute fireworks display will start at 9:30 p.m. 
on July 4, 2005.
    (10) Pittsburg Fireworks Display, sponsored by the Pittsburg 
Chamber of Commerce: Fireworks will be launched from a pier in the 
Pittsburg Marina in Pittsburg, CA. The 15-minute fireworks display will 
start at 9:30 p.m. on July 4, 2005.
    (11) Antioch Fireworks Display, sponsored by the City of Antioch: 
Loading of the fireworks barge will commence at 9 a.m. at the Fulton 
Shipyard in Antioch on July 4, 2005. The 30-minute fireworks display 
will take place in Antioch, CA, 600 feet off of Big Break Road in 
Antioch, CA at 9:30 p.m. on July 4, 2005.
    (12) Baron Hilton Fireworks Display, sponsored by the Hilton Hotel 
Corporation: Loading of the fireworks barge will commence at 11 a.m. at 
the Dutra Corporation Yard in Rio Vista on July 2, 2005. The 20-minute 
fireworks display will take place in Stockton, CA, 3,000 feet off of 
Venice Island at 9:30 p.m. on July 4, 2005.
    (13) North Lake Tahoe King's Beach Fireworks Display, sponsored by 
the North Tahoe Business Association: Loading of the fireworks barge 
will commence at 9 a.m. at Williamson Yard in Tahoe City on July 3, 
2005. The 10-minute fireworks display will take place in North Lake 
Tahoe, NV, 700 feet offshore of Kings Beach at 9:30 p.m. on July 3, 
2005.
    (14) Tahoe City Fireworks Display, sponsored by the Tahoe City 
Rotary: Loading of the fireworks barge will commence at 9 a.m. at 
Williamson Yard in Tahoe City on July 3, 2005. The 10-minute fireworks 
display will take place in Tahoe City, CA, 700 feet offshore of Common 
Beach at 9:30 p.m. on July 4, 2005.
    (15) Glenbrook Community Fireworks Display, sponsored by the 
Glenbrook Community Homeowners Association: Loading of the fireworks 
barge will commence at 10 a.m. at the Tahoe Keys Marina on July 4, 
2005. The 20-minute fireworks display will take place in Glenbrook, NV, 
1,000 feet off of Glenbrook Beach, in position 39[deg]05'22.0'' N, 
119[deg]56'55.0'' W at 9:45 p.m. on July 4, 2005.
    (16) Incline Village on Lake Tahoe Fireworks Display, sponsored by 
the Parasol Foundation: Loading of the fireworks barge will commence at 
8 a.m. at Obexer's Marina on July 4, 2005. The 30-minute fireworks 
display will take place in Incline Village, NV, 1,000 feet off the 
shore of Crystal Bay at 21:00 on July 4, 2005.
    (17) South Lake Tahoe Gaming Alliance Fireworks Display, sponsored 
by the Tahoe Douglas Visitors Authority: Loading of the three fireworks 
barges will commence at 10 a.m. at the South Lake Tahoe Keys Marina on 
July 2, 2005. The 30-minute fireworks display will take place 500 feet 
off of the southern shore of Lake Tahoe, CA near the Nevada border at 
9:15 p.m. on July 4, 2005.
    (18) Pillar Point Fireworks Display, sponsored by Light up the Sky: 
Fireworks will be launched from the Harbor Jetty in Pillar Point, CA. 
The 30-minute fireworks display will start at 9 p.m. on July 4, 2005.
    (19) City of Monterey Fireworks Display, sponsored by the Monterey

[[Page 38013]]

Department of Recreation and Community Services: Loading of the 
fireworks barge will commence at 9 a.m. at the Monterey U.S. Coast 
Guard Pier on July 4, 2005. The 20-minute fireworks display will take 
place in Monterey Bay, CA, east of Municipal Wharf 2 at 9:15 
p.m. on July 4, 2005.
    (c) Definitions. For purposes of this section--
    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.
    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.
    (d) 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.
    (e) Enforcement period. For each of the listed fireworks displays 
in paragraph (b) of this section, this section will be enforced during 
the loading of the fireworks barge(s), during the transit of the 
fireworks barge(s) to the display location, and until the conclusion of 
the fireworks display.

    Dated: June 22, 2005.
K. J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 05-13064 Filed 6-30-05; 8:45 am]
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