[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33888-33890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11858]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 07-022]
RIN 1625-AA00


Safety Zone; Fireworks Extravaganza, City of Antioch, 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 the San Joaquin River for the loading, 
transport, and launching of fireworks used during the City of Antioch 
Fireworks Extravaganza, to be held on July 4, 2007. This safety zone is 
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 8 a.m. to 9:30 p.m. on July 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket COTP San Francisco Bay 07-022 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 United States 
Coast Guard Sector San Francisco, at (415) 556-2950 extension 136, or 
the 24-hour Command Center at (415) 399-3547.

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, this 
safety zone is 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. 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 Antioch will sponsor a fireworks display on July 4, 
2007 in the waters of the San Joaquin River. The fireworks display is 
meant for entertainment purposes. This temporary, moving safety zone is 
issued to establish a temporary restricted area in the San Joaquin 
River 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 restricted 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 a temporary, moving safety zone in 
the navigable waters of the San Joaquin River near Antioch's shoreline. 
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 temporary, moving safety zone applies to the navigable 
waters around and under the fireworks barge within a radius of 100 
feet. Fifteen minutes prior to and during the twenty minute fireworks 
display, the area to which the temporary safety zone applies 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 8 
a.m. on July 4, 2007, and will take place at Fulton Shipyard, 307 
Fulton Shipyard Road, Antioch, California. Towing of the barge from 
Fulton Shipyard to the display location is scheduled to take place 
between 7 p.m. and 9 p.m. on July 4, 2007. During the fireworks 
display, scheduled to commence at approximately 9 p.m., the fireworks 
barge will be located approximately 600 feet off of Antioch's shoreline 
in approximate position 38[deg]01'21'' N, 121[deg]49'06'' W and travel 
east in a straight line to 38[deg]01'11'' N, 121[deg]48'15'' W.
    The effect of the temporary, moving safety zone will be to restrict 
navigation in the vicinity of the fireworks barge while the fireworks 
are loaded at Fulton Shipyard, 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 restricted 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.
    Unauthorized persons or vessels are prohibited from entering or 
remaining in a safety zone. Vessels or persons violating this section 
will be subject to both criminal and civil penalties.

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 the San Joaquin River 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 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

[[Page 33889]]

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 effected portion of the San Joaquin River 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 
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 Ensign Sheral Richardson, U.S. Coast Guard Sector San 
Francisco, at (415) 556-2950 extension 136.
    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 
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.
    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:

[[Page 33890]]

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.


0
2. Add temporary Sec.  165.T11-198 to read as follows:


Sec.  165.T11-198  Safety Zone; Fireworks Extravaganza, City of 
Antioch, San Francisco Bay, CA.

    (a) Location. A temporary, moving safety zone is established for 
the waters of the San Joaquin River surrounding a barge used as the 
launch platform for a fireworks display. 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 restricted area encompasses the navigable waters 
around and under the fireworks barge within a radius of 100 feet. 
During the fifteen minutes preceding the fireworks display and during 
the twenty minute fireworks display itself, the safety zone 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 8 
a.m. on July 4, 2007, and will take place at Fulton Shipyard in 
Antioch. Towing of the barge from Fulton Shipyard to the display 
location is scheduled to take place between 7 p.m. and 9 p.m. on July 
4, 2007. During the fireworks display, scheduled to start at 
approximately 9 p.m. on July 4, 2007, the barge will be located 
approximately 600 feet off from Antioch's shoreline in the San Joaquin 
River in approximate position 38[deg]01'21'' N, 121[deg]49'06'' W and 
travel east in a straight line to 38[deg]01'11'' N, 121[deg]48'15'' W.
    (b) Effective period. This section is effective from 8 a.m. through 
9:30 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 all vessels and persons 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, 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. The U.S. Coast Guard may be 
assisted in the patrol and enforcement of this safety zone by local law 
enforcement as necessary.

    Dated: June 4, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
 [FR Doc. E7-11858 Filed 6-19-07; 8:45 am]
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