Safety Zone; Pittsburg Chamber of Commerce Fourth of July Fireworks Display, San Francisco Bay, CA, 33685-33688 [E7-11757]
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
Risks and Safety Risks. This rule is not
an economically significant rule and
will not concern 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 will 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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
pwalker on PROD1PC71 with RULES
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 M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
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33685
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 the 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, as it
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.
the Port or designated on-scene patrol
personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16 or via phone at (203) 468–4401.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. to 10:30
p.m. on Saturday, July 7, 2007 and if the
fireworks display is postponed, from
8:30 p.m. to 10:30 p.m. on Sunday, July
8, 2007.
List of Subjects in 33 CFR Part 165
Dated: June 5, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of
the Port, Long Island Sound, Acting.
[FR Doc. E7–11754 Filed 6–18–07; 8:45 am]
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 4910–15–P
I
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for part 165
continues to read as follows:
33 CFR Part 165
I
Authority: 33 U.S.C. 1226 and 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.
2. Add temporary § 165.T01–060 to
read as follows:
I
§ 165.T01–060 Safety Zone: Sag Harbor
Fireworks, Havens Beach, Sag Harbor Bay,
NY.
(a) Location. The following area is a
safety zone: All navigable waters of Sag
Harbor Bay in a 1200-foot radius of a
fireworks launch site located at
approximate position 41°00.133′ N,
072°17.26′ W. All coordinates are North
American Datum 1983.
(b) Definitions. The following
definitions apply to this section:
Designated on-scene patrol personnel,
means any commissioned, warrant and
petty officer of the U.S. Coast Guard
who has been authorized to act on
behalf of the Captain of the Port, Long
Island Sound.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Long Island Sound
or his designated on-scene patrol
personnel.
(3) All persons and vessels shall
comply with the Coast Guard Captain of
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[COTP San Francisco Bay 07–018]
RIN 1625–AA00
Safety Zone; Pittsburg Chamber of
Commerce Fourth of July Fireworks
Display, San Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 used during the
Pittsburg Chamber of Commerce, Fourth
of July Fireworks 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 docket COTP San
Francisco Bay 07–018 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, United States
Coast Guard Sector San Francisco, at
(415) 556–2950 extension 136, or the 24hour Command Center at (415) 399–
3547.
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
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, 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.
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Background and Purpose
The Pittsburg Chamber of Commerce
will sponsor a fireworks display on July
4, 2007 in the waters of San Francisco
Bay on the New York Slough. The
fireworks display is meant for
entertainment purposes. This safety
zone is issued to establish a temporary
regulated 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 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 the New York Slough. 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 twenty
minute fireworks display, the area to
which the temporary safety zone applies
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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 400 feet from Pittsburg
Marina on the New York Slough
approximate position 38°02.42′ N,
121°52.97′ 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.
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
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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
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 (Public Law 104–
121), we want to assist small entities in
understanding the rule so 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
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
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.
pwalker on PROD1PC71 with RULES
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
VerDate Aug<31>2005
17:54 Jun 18, 2007
Jkt 211001
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165–REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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33687
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.
2. Add temporary § 165.T11–196 to
read as follows:
I
§ 165.T11–196 Safety Zone; Pittsburg
Chamber of Commerce, Fourth of July
Fireworks Display, San Francisco Bay, CA.
(a) Location. The following area is a
safety zone: 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, 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
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 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
400 feet from Pittsburg Marina on the
New York Slough in approximate
position 38°02.42′ N, 121°52.97′ W.
(b) Effective period. This section is
effective from 9 a.m. 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 § 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
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
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. E7–11757 Filed 6–18–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–07–001]
RIN 1625–AA00
Safety Zone: Town of Marblehead
Fourth of July Fireworks Display,
Marblehead Harbor, MA
Coast Guard, DHS.
ACTION: Temporary final rule.
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AGENCY:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the Town of Marblehead Fourth of July
Fireworks on July 4, 2007 with a rain
date on July 5, 2007, in Marblehead, MA
temporarily closing all navigable waters
of Marblehead Harbor within a four
hundred (400) yard radius of the
fireworks barge located at approximate
position 42°30.567′ N, 070°50.162′ W.
The safety zone is necessary to protect
the life and property of the maritime
public from the potential hazards posed
by a fireworks display. The safety zone
temporarily prohibits entry into or
movement within this portion of
Marblehead Harbor during its closure
period.
DATES: This rule is effective from 8:30
p.m. EDT on July 4, 2007 until 10 p.m.
EDT on July 4, 2007. The rain date for
the fireworks event is from 8:30 p.m.
EDT until 10 p.m. EDT on July 5, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket are part of
docket CGD01–07–001 and are available
for inspection or copying at Sector
Boston, 427 Commercial Street, Boston,
MA between the hours of 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Joseph Yonker, Sector
Boston, Waterways Management
Division, at (617) 223–5007.
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Jkt 211001
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 16, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone; Town of
Marblehead Fourth of July Fireworks
Display, Marblehead Harbor, MA’’ in
the Federal Register (72 FR 18933). We
did not receive any letters commenting
on the proposed rule. No public meeting
was requested, and none was held.
As the fireworks display is scheduled
to occur on July 4, 2007, any delay
encountered in the regulation’s effective
date would be contrary to the public
interest since the safety zone is needed
to prevent traffic from transiting a
portion of Marblehead Harbor during
the fireworks display thus ensuring that
the maritime public is protected from
any potential harm associated with such
an event. Accordingly, 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.
Background and Purpose
This rule establishes a safety zone on
the navigable waters of Marblehead
Harbor within a 400 yard radius around
the fireworks barge located at
approximate position 42°30.567′ N,
070°50.162′ W. The safety zone is in
effect from 8:30 p.m. EDT until 10 p.m.
EDT on July 4, 2007. The rain date for
the fireworks event is from 8:30 p.m.
until 10 p.m. EDT on July 5, 2007.
The safety zone temporarily restricts
movement within this portion of
Marblehead Harbor and is needed to
protect the maritime public from the
dangers posed by a fireworks display.
Marine traffic may transit safely outside
of the zone during the effective period.
The Captain of the Port does not
anticipate any negative impact on vessel
traffic due to the event. Public
notifications will be made prior to the
effective period via marine information
broadcasts and Local Notice to
Mariners.
Discussion of Comments and Changes
The Coast Guard did not receive any
comments from the public in response
to the NPRM and as a result no changes
have been made to this temporary final
rule.
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
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Sfmt 4700
Budget has not reviewed it under that
Order.
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
Evaluation under of the regulatory
policies and procedures of DHS is
unnecessary.
Although this rule prevents vessel
traffic from transiting a portion of
Marblehead Harbor during the effective
period, the effects of this regulation will
not be significant for several reasons:
vessels will be excluded from the
proscribed area for only one and one
half hours, vessels will be able to
operate in the majority of Marblehead
Harbor during the effective period, and
advance notifications will be made to
the local maritime community by
marine information broadcasts and
Local Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we 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: the owners or operators of
vessels intending to transit or anchor in
a portion of Marblehead Harbor from
8:30 p.m. EDT until 10 p.m. EDT on July
4, 2007 or during the same hours on July
5, 2007.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this rule will be
in effect for only one and one half
hours, vessel traffic can safely pass
around the zone, and advance
notifications will be made to the local
maritime community by marine
information broadcasts and Local 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.
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]]>Agencies
[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33685-33688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11757]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-018]
RIN 1625-AA00
Safety Zone; Pittsburg Chamber of Commerce 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 used during the Pittsburg Chamber of Commerce,
Fourth of July Fireworks 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 docket COTP San Francisco Bay 07-018 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, United
States Coast Guard Sector San Francisco, at (415) 556-2950 extension
136, or the 24-hour Command Center at (415) 399-3547.
[[Page 33686]]
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, 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 Pittsburg Chamber of Commerce will sponsor a fireworks display
on July 4, 2007 in the waters of San Francisco Bay on the New York
Slough. The fireworks display is meant for entertainment purposes. This
safety zone is issued to establish a temporary regulated 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 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 the New York
Slough. 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 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 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 400 feet from
Pittsburg Marina on the New York Slough approximate position
38[deg]02.42' N, 121[deg]52.97' 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.
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 will
not have a significant economic impact on a substantial number of
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. 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 (Public Law 104-121), we want to assist small
entities in understanding the rule so 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
[[Page 33687]]
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.
0
2. Add temporary Sec. 165.T11-196 to read as follows:
Sec. 165.T11-196 Safety Zone; Pittsburg Chamber of Commerce, Fourth
of July Fireworks Display, San Francisco Bay, CA.
(a) Location. The following area is a safety zone: 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, 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 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 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 400 feet from
Pittsburg Marina on the New York Slough in approximate position
38[deg]02.42' N, 121[deg]52.97' W.
(b) Effective period. This section is effective from 9 a.m. 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 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
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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. E7-11757 Filed 6-18-07; 8:45 am]
BILLING CODE 4910-15-P
