[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Unknown Section]
[Pages 17703-17705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3414]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 11-06-002]
RIN 1625-AA08


Special Local Regulations for Marine Events; 2006 San Francisco 
Giants' Opening Night 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 2006 San Francisco Giants' 
Opening Night Fireworks Display to be held on April 7, 2006. 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 1 p.m. to 10 p.m. on April 7, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket CGD 11-06-002 and are available for 
inspection or copying at Coast Guard Sector San Francisco, 278 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: Lieutenant Junior Grade Jennifer 
Green, U.S. Coast Guard Sector San Francisco, at (415) 556-2950 ext. 
136.

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.
    For the same reasons listed in the previous paragraph, 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 this 
fireworks display.

Background and Purpose

    The San Francisco Giants are sponsoring a brief fireworks display 
on April 7, 2006 in the waters of San Francisco Bay near AT&T Park. The 
fireworks display is meant for entertainment purposes as a finale to 
conclude the 2006 San Francisco Giants' Opening Night baseball game. 
These special local regulations are being issued to establish a 
temporary regulated area in 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. 
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. The Coast Guard has 
granted the event sponsor a marine event permit for the fireworks 
display.

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 apply to the navigable waters around and 
under the fireworks barge within a radius of 100 feet. During the 15-
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 1 p.m. on April 7, 2006, 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 between 5:30 p.m. and 7:30 p.m. on 
April 7, 2006. During the fireworks display, scheduled to commence at 
approximately 9:30 p.m., the fireworks barge will be located 
approximately 1,000 feet off of Pier 48 in position 37[deg]46'57.2'' 
N., 122[deg]23'58.0'' W.
    The effect of the temporary special local regulations will be to 
restrict general navigation in the vicinity of the fireworks barge 
while 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.

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 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 
the regulated area. The entities most likely to be affected are 
pleasure craft engaged in recreational activities and sightseeing. We 
expect the economic impact of this

[[Page 17704]]

rule to be so minimal that a full Regulatory Evaluation is unnecessary.

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 entities, some of which may be 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 affected 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 (Public Law 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 Junior Grade Jennifer Green, U.S. Coast Guard Sector 
San Francisco, 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 affect 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.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

[[Page 17705]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
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-T11-075 to read as follows:


Sec.  100.35-T11-075   2006 San Francisco Giants' Opening Night 
Fireworks Display, San Francisco Bay, CA.

    (a) Regulated Area. A regulated area is established for the waters 
of San Francisco Bay surrounding a barge used as the launch platform 
for a fireworks display to be held at the conclusion of the 2006 San 
Francisco Giants' Opening Night baseball game. 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 15 minutes 
preceding the fireworks display and during the 15-minute fireworks 
display itself, 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 1 p.m. on April 7, 2006, 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 between 5:30 p.m. 
and 7:30 p.m. on April 7, 2006. During the fireworks display, scheduled 
to start at approximately 9:30 p.m. on April 7, 2006, the barge will be 
located approximately 1,000 feet off of San Francisco Pier 48 in 
position 37[deg]46'57.2'' N., 122[deg]23'58.0'' W.
    (b) 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 Sector San Francisco.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector San Francisco with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (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.
    (d) Enforcement Period. This section will be enforced from 1 p.m. 
to 10 p.m. on April 7, 2006. 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: March 29, 2006.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 06-3414 Filed 4-5-06; 3:09 pm]
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