[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57070-57072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0907]
RIN 1625-AA00


Safety Zone; Corporate Party on Hornblower Yacht, Fireworks 
Display, San Francisco, 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 in San Francisco Bay proximate to Pier 30-32 in San 
Francisco, CA in support of a Corporate Party on Hornblower Yacht. This 
safety zone is established to ensure the safety of participants and 
spectators from the dangers associated with the pyrotechnics. 
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 12:45 p.m. through 9:30 p.m. on 
November 9, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0907 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0907 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Liezl Nicholas, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because delaying the implementation of the 
safety zone would subject the public to the hazards associated with 
firework displays. Because of the dangers posed by the pyrotechnics 
used in these fireworks displays, the safety zones are necessary to 
provide for the safety of event participants, spectators, spectator 
craft, and other vessels transiting the event area. Additionally, the 
zone should have negligible impact on vessel transits due to the fact 
that vessels will be limited from the area for a short duration and 
vessels can still transit in the majority of the San Francisco Bay 
during the event. 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 the fireworks display.

Background and Purpose

    Hornblower Cruises & Events will sponsor a Corporate Party 
fireworks display on November 9, 2009, on the navigable waters located 
proximate to Pier 30-32 in San Francisco Bay, San Francisco Bay, CA. 
The fireworks display is meant for entertainment purposes. This safety 
zone is issued to establish a temporary restricted area on the waters 
surrounding the fireworks launch site during loading of the

[[Page 57071]]

pyrotechnics, and during the fireworks displays. This restricted area 
around the launch site is necessary to protect spectators, vessels, and 
other property from the hazards associated with the pyrotechnics on the 
fireworks barges. The Coast Guard has granted the event sponsor a 
marine event permit for the fireworks displays.

Discussion of Rule

    From at 12:45 p.m. until 9 p.m., during the set up of the fireworks 
and until the start of the fireworks displays, the temporary safety 
zone applies to the navigable waters around the fireworks site within a 
radius of 100 feet centering on the pyrotechnics barge located 
proximate to Pier 30-32 in San Francisco Bay at 37[deg]46'39.90'' N, 
122[deg]23'06.78'' W (NAD 83). From 9 p.m. until 9:30 p.m., the area to 
which the temporary safety zone applies will increase in size to 
encompass the navigable waters around the fireworks launch site within 
a radius of 1,000 feet.
    The effect of the temporary safety zones will be to restrict 
navigation in the vicinity of the fireworks sites while the fireworks 
are set up, and until the conclusion of the scheduled displays. Except 
for persons or vessels authorized by the Captain of the Port or his 
designated representative, 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 barges to ensure 
the safety of participants, spectators, and transiting vessels.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 zones, the effect of this rule will not be significant 
because: (i) The safety zone is in effect for a limited time; (ii) 
vessels will be able to transit in the majority of San Francisco Bay; 
and (iii) the Coast Guard will make notifications via maritime 
advisories so mariners can adjust plans accordingly.

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 will affect the following entities, some of which may be 
small entities: Owners and operators of pleasure craft engaged in 
recreational activities and sightseeing intending to transit or anchor 
in a portion of the San Francisco Bay from 12:45 p.m. to 9:30 p.m. on 
November 9, 2009. 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 areas of San Francisco, CA 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 Broadcast 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 offer 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 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

[[Page 57072]]

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves a regulation 
establishing a safety zone. An environmental analysis checklist and a 
categorical exclusion determination are 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, 3306, 
3703; 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. A new temporary Sec.  165.T11-249 is added to read as follows:


Sec.  165.T11-249  Safety Zone; Corporate Party on Hornblower Yacht, 
Fireworks Display, San Francisco, CA

    (a) Location. The following area is a safety zone: All waters of 
the San Francisco Bay from the surface to the bottom, within a 100 foot 
radius of the fireworks launch site located at 37[deg]46'39.90'' N, 
122[deg]23'06.78'' W (NAD 83) proximate to Pier 30-32 from 12:45 p.m. 
until 9 p.m. on November 9, 2009; and within 1,000 feet of the same 
launch site from 9 p.m. until 9:30 p.m. on November 9, 2009.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port (COTP) San Francisco in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or the COTP's Representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or the designated representative. Persons and vessels 
may request permission to enter the safety zones on VHF-16 or through 
the 24-hour Command Center at telephone (415) 399-3547.
    (d) Effective period. This section is effective from 12:45 p.m. 
through 9:30 p.m. on November 9, 2009.

    Dated: October 10, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-26574 Filed 11-3-09; 8:45 am]
BILLING CODE 4910-15-P