[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Rules and Regulations]
[Pages 33391-33393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11716]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 07-016]
RIN 1625-AA00


Safety Zone; City of San Francisco Fourth of July Fireworks 
Display, 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 for the loading, transport, and 
launching of fireworks to celebrate Independence Day. This safety zone 
is established to ensure the safety of participants and spectators. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port or his designated representative.

DATES: This rule is effective from 9 a.m. on July 3, 2007 to 10 p.m. on 
July 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket COTP San Francisco Bay 07-016 and are 
available for inspection or copying at Coast Guard Sector San 
Francisco, 1 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: Ensign Sheral Richardson, 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)(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, safety zones are necessary 
to provide for the safety of event participants, spectators, and 
vessels transiting the event area. Because of these safety concerns, it 
is in the public interest to have these regulations in effect during 
the event.
    For the same reasons, the Coast Guard finds that good cause exists 
under 5 U.S.C. 553(d)(3) 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 City of San Francisco is sponsoring a fireworks display on July 
4, 2007 in the waters of San Francisco Bay near Pier 39. The fireworks 
display is meant for entertainment purposes in celebration of 
Independence Day. This safety zone is being issued to establish a 
temporary regulated area in San Francisco 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 
safety zone 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 a temporary safety zone on 
specified waters of San Francisco Bay near Piers 39 and 50. 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 
safety zone will apply to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. Fifteen minutes prior to 
and during the twenty-five minute fireworks display, the area to which 
this safety zone applies to 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 July 3, 2007, 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 July 4, 2007. 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 39 in position 37[deg]48.71' N, 122[deg]24.46' W.
    The effect of the temporary safety zone 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 safety zone. This safety zone is 
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 rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because the local waterway users will be notified via publicly 
broadcasted notice to mariners to ensure the safety zone will result in 
minimum impact. The entities most likely to be affected are pleasure 
craft engaged in recreational activities.

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 
entities. This rule

[[Page 33392]]

will affect the following entities, some of which may be small 
entities: 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 this safety zone via 
publicly broadcasted 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 want to assist small 
entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 an 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. Paragraph (34)(g) is applicable because this rule 
establishes 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


[[Page 33393]]



0
2. Add temporary Sec.  165.T11-195 to read as follows:


Sec.  165.T11-195  Safety Zone; City of San Francisco Fourth of July 
Fireworks Display, San Francisco Bay, CA.

    (a) Location. The following area is a safety zone: The waters of 
San Francisco Bay near Piers 39 and 50 surrounding a barge used as the 
launch platform for a fireworks display to be held in celebration of 
Independence Day. During the loading of the fireworks barge, during the 
transit of the fireworks barge to the display location, and until 
fifteen minutes prior to the start of the fireworks display, the safety 
zone will encompass the navigable waters, from surface to bottom, 
around the fireworks barge within a radius of 100 feet. During the 
fifteen minutes preceding the fireworks display and during the twenty-
five minute fireworks display itself, the safety zone increases in size 
to encompass the navigable waters, from surface to bottom, around 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 July 3, 2007, 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 July 4, 2007. During the fireworks display, scheduled 
to start at approximately 9:30 p.m. on July 4, 2007, the barge will be 
located approximately 1,000 feet off of Pier 39 in position 
37[deg]48.71' N, 122[deg]24.46' W.
    (b) Effective period. This section is effective from 9 a.m. on July 
3, 2007 through 10 p.m. on July 4, 2007. If the event concludes prior 
to the scheduled termination time, the Coast Guard will cease 
enforcement of the safety zone and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this safety zone by any vessel or person is prohibited, unless 
specifically authorized by the Captain of the Port San Francisco, or 
his designated representative.
    (d) Enforcement. 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, or 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.
    The U.S. Coast Guard may be assisted in the patrol and enforcement 
of this safety zone by local law enforcement.

    Dated: June 4, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
 [FR Doc. E7-11716 Filed 6-15-07; 8:45 am]
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