[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34620-34622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12145]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 07-024]
RIN 1625-AA00


Safety Zone; Peninsula Celebration Association Annual Fireworks 
Spectacular, San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the navigable 
waters of San Francisco Bay for the loading, transport, and launching 
of fireworks used during the Peninsula Celebration Association Annual 
Fireworks Spectacular Display 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 9 a.m. to 10 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 07-024 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

    Peninsula Celebration Association will sponsor a fireworks display 
on July 4, 2007 in the waters of San Francisco Bay on Redwood Creek 
near the Port of Redwood City. The fireworks display is meant for 
entertainment purposes. This safety zone is issued to establish a 
temporary restricted 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 restricted area around the launch barge is

[[Page 34621]]

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 in the 
navigable waters of San Francisco Bay near Pier 50 and in Redwood 
Creek. 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 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 fifteen 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 9 
a.m. on July 4, 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 between 12 p.m. and 8 p.m. on July 4, 2007. During the 
fireworks display, scheduled to commence at approximately 9:30 p.m., 
the fireworks barge will be located approximately 600 feet off Wharf 
5 in the Port of Redwood City in approximate position 
37[deg]30.35[min] N, 122[deg]12.85[min] W.
    The effect of the temporary safety zone will be to restrict 
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 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.
    The Code of Federal Regulations prohibits any unauthorized person 
or vessel 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 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 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 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 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

[[Page 34622]]

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:

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-T11-199 to read as follows:


Sec.  165-T11-199  Safety Zone; Peninsula Celebration Association 
Annual Fireworks Spectacular, San Francisco Bay, CA.

    (a) Location. A safety zone is established for the waters of San 
Francisco Bay 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 fifteen 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 9 a.m. on July 4, 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 between 12 p.m. and 8 
p.m. 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 600 feet off Wharf 5 in the Port of Redwood City 
in approximate position 37[deg]30.35' N, 122[deg]12.85' W.
    (b) Effective Period. This section will be enforced from 9 a.m. to 
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 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 11, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E7-12145 Filed 6-22-07; 8:45 am]
BILLING CODE 4910-15-P