[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55261-55264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22773]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0690]
RIN 1625-AA00


Safety Zone; Corporate Party on Hornblower Yacht, 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 near pier 48 in the San Francisco Bay, San Francisco, 
California in support of the Corporate Party on Hornblower Yacht. This 
temporary 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 their designated 
representative.

DATES: This rule is effective from 11 a.m. through 9 p.m. on September 
17, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0690 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2011-0690 
in the Docket ID box, pressing Enter, and then clicking the item in the 
Docket ID column. 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 William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or e-mail at [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

[[Page 55262]]

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 it would be impracticable to delay this rule 
because the event would occur before the rulemaking process would be 
completed. Because of the dangers posed by the pyrotechnics used in 
this fireworks display, the safety zone is necessary to provide for the 
safety of event participants, spectators, 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 the fireworks display.

Basis and Purpose

    Hornblower Cruises and Events will sponsor the Corporate Party on 
Hornblower Yacht on September 17, 2011, in the navigable waters near 
pier 48 of the San Francisco Bay, off of San Francisco, CA. This safety 
zone establishes a temporary restricted area on the waters 100 feet 
around the fireworks barge during the loading of the barge and transit 
of the barge to the launch site. During the fireworks display the 
safety zone will extend to 1,000 feet around the launch site. 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 barge during the loading, transit, and during 
the fireworks display. This restricted area around the launch site is 
necessary to protect spectators, vessels, and other property from the 
hazards associated with the pyrotechnics. The Coast Guard has granted 
the event sponsor a marine event permit for the fireworks display.

Discussion of Rule

    From 11 a.m. until 4 p.m. on September 17, 2011, pyrotechnics will 
be loaded onto a barge at Pier 50 near position 37[deg]46'28'' N, 
122[deg]23'06'' W (NAD 83). From 7:45 until 7:55 p.m. the loaded barge 
will transit from Pier 50 to the launch site located at position 
37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The temporary 
safety zone will extend 100 feet from the nearest point of the barge 
during the loading, transit, and arrival of the pyrotechnics from Pier 
50 to position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The 
fireworks display will occur from 8:45 until 8:55 p.m. on September 17, 
2011, during which the safety zone will extend 1,000 feet from the 
nearest point of the barge at position 37[deg]46'38.46'' N, 
122[deg]23'01.67'' W (NAD 83). At 9 p.m. on September 17, 2011 the 
safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the fireworks site 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 from the fireworks display 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 and 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    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 public Broadcast 
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 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 areas off 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

[[Page 55263]]

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 (adjusted for 
inflation) 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 cause 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 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 that 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 establishing a temporary 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, and Waterways.

    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(g), 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-T11-438 to read as follows:


Sec.  165-T11-438  Safety zone; corporate party on Hornblower yacht, 
San Francisco, CA.

    (a) Location. This temporary safety zone is established for the 
specified waters near pier 48, in San Francisco Bay, San Francisco, 
California. The temporary safety zone applies to the nearest point of 
the barge during the loading, transit, and arrival of the pyrotechnics 
from Pier 50, San Francisco, California to the fireworks launch site 
located at position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). 
From 11 a.m. until 4 p.m. on September 17, 2011, pyrotechnics will be 
loaded onto a barge at Pier 50 near position 37[deg]46'28'' N, 
122[deg]23'06'' W (NAD 83). From 7:45 p.m. until 7:55 p.m., the loaded 
barge will transit from Pier 50 to the launch site located at position 
37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The temporary 
safety zone will extend 100 feet from the nearest point of the barge 
during the loading, transit, and arrival of the pyrotechnics from Pier 
50 to position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). From 
8:45 p.m. until 8:55 p.m. on September 17, 2011, the area to which the 
temporary safety zone applies will increase in size to encompass the 
navigable waters around the fireworks site within a radius of 1,000 
feet.
    (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 on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the Captain of the Port San Francisco (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or the COTP's 
designated 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

[[Page 55264]]

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 a designated representative. Persons and vessels may request 
permission to enter the safety zone on VHF-16 or through the 24-hour 
Command Center at telephone (415) 399-3547.
    (d) Effective period. This section is effective from 11 a.m. 
through 9 p.m. on September 17, 2011.

    Dated: August 19, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-22773 Filed 9-6-11; 8:45 am]
BILLING CODE 9110-04-P