Safety Zone; Bass Wedding Fireworks Display, San Francisco Bay, CA, 11814-11816 [E8-4263]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
FAA AD Differences
NOTE: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4138; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Special Flight Permit
(h) We are not issuing any special flight
permit for you to operate any single cylinder
or multi-cylinder (used on a hopper balloon)
balloon which has any rego-type cylinder
liquid valve P/N CB–0824–0001 fitted and
which is date-stamped from 12/05 through
08/06.
yshivers on PROD1PC62 with RULES
Related Information
(i) Refer to MCAI United Kingdom Civil
Aviation Authority AD No.: G–2008–0002,
dated January 14, 2008; Cameron Balloons
Ltd. Service Bulletin No. SB16, dated January
8, 2008; and Cameron Balloons Ltd. Service
Bulletin No. SB17, dated January 8, 2008, for
related information.
Material Incorporated by Reference
(j) You must use Cameron Balloons Ltd.
Service Bulletin No. SB16, dated January 8,
2008; and Cameron Balloons Ltd. Service
Bulletin No. SB17, dated January 8, 2008, to
do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Cameron Balloons Ltd., St.
Johns Street, Bedminster, Bristol; BS3 4NH;
telephone: +44 (0) 117 9637216; fax: +44 (0)
177 966168; or Cameron Balloons, P.O. Box
3672, Ann Arbor, Michigan 46106;
VerDate Aug<31>2005
14:21 Mar 04, 2008
Jkt 214001
telephone: (734) 426–5525; fax: (734) 426–
5026.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on
February 14, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 08–786 Filed 3–4–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0080]
RIN 1625–AA00
Safety Zone; Bass Wedding Fireworks
Display, San Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
loading, transport, and launching of
fireworks used to celebrate the Bass
Wedding Ceremony. The fireworks
displays will be held on March 8, 2008,
on San Francisco Bay. 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 11:59
a.m. on March 6, 2008, until 9:30 p.m.
on March 8, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0080 and are available online at
www.regulations.gov. They are also
available for inspection or copying two
locations: 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,
and Coast Guard Sector San Francisco,
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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, U.S. Coast
Guard Sector San Francisco, at (415)
399–7436.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. 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, the 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 the fireworks display.
Background and Purpose
The Bass Wedding Party is sponsoring
a brief fireworks display on March 8,
2008 to celebrate the wedding of Mr.
and Mrs. Bass. The fireworks display is
scheduled to launch at 9 p.m., on March
8, 2008, and last approximately twenty
minutes. The safety zone is being issued
to establish a temporary regulated area
on 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. The safety
zone around the launch barge is
necessary to protect spectators, vessels,
and other property from the hazards
associated with the pyrotechnics on the
fireworks barge.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on specified
waters of San Francisco Bay. During the
loading of the fireworks barge, while the
barge is being towed to the display
location, and until 8:45 p.m. on March,
8, 2008, the safety zone will apply to the
navigable waters around and under the
fireworks barge within a radius of 100
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
feet. From 8:45 p.m. to 9:30 p.m. on
March 8, 2008, the area to which the
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 pyrotechnics onto the
fireworks barge at 11:59 a.m. on March
6, 2008, and will take place at Pier 20,
2900 Main Street, in Alameda, CA.
Towing of the barge from Pier 20 to the
display location is scheduled to take
place between 6 p.m. and 7 p.m. on
March 8, 2008. During the fireworks
display, scheduled to commence at
9 p.m., the fireworks barge will be
located approximately 600 feet off of
Treasure Island in San Francisco, CA in
position 37°49′12.90″ N, 122°22′37.93″
W (NAD83).
The effect of the temporary safety
zone will be to restrict general
navigation in the vicinity of the
fireworks barge while the fireworks are
loaded at Pier 20 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 safety zone. This safety zone is
needed to keep spectators and vessels a
safe distance away from the fireworks
barge to ensure the safety of
participants, spectators, and transiting
vessels.
yshivers on PROD1PC62 with RULES
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 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
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14:21 Mar 04, 2008
Jkt 214001
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 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 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.
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11815
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
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
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11816
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
§ 165–T11–011 Safety Zone; Bass
Wedding Fireworks Display, San Francisco,
CA.
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
which guides 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.
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:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
yshivers on PROD1PC62 with RULES
I
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–T11–011 to
read as follows:
I
VerDate Aug<31>2005
14:21 Mar 04, 2008
Jkt 214001
(a) Location. This temporary safety
zone is established for the waters of San
Francisco Bay surrounding a barge used
as a launch platform for a fireworks
display.
(1) Loading of pyrotechnics onto the
fireworks barge will commence at 11:59
a.m. on March 6, 2008, and will take
place at Pier 20, 2900 Main Street, in
Alameda, CA.
(2) Towing of the barge from Pier 20
to the display location is scheduled to
take place between 6 p.m. and 7 p.m. on
March 8, 2008.
(3) During the fireworks display,
scheduled to commence at 9 p.m., on
March 8, 2008, the barge will be located
600 feet from Treasure Island in San
Francisco, CA in position
37[deg]49′12.90″ N, 122[deg]22′37.93″
W (NAD83).
(b) Enforcement Period. This section
will be enforced from 11:59 a.m. on
March 6, 2008, to 9:30 p.m. on March
8, 2008. If the events conclude prior to
their scheduled termination times, the
Coast Guard will cease enforcement of
this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Regulations. (1) 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.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port, San
Francisco, or the designated
representative.
(3) Designated representative means
any commissioned, warrant, and petty
officer of the Coast Guard onboard a
Coast Guard, Coast Guard Auxiliary,
local, state, or federal law enforcement
vessel who is authorized to act on behalf
of the Captain of the Port, San
Francisco.
(4) 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. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or the 24-hour
Command Center via telephone at (415)
399–3547.
(5) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of this safety zone by local law
enforcement as necessary.
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Dated: February 19, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. E8–4263 Filed 3–4–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0555; FRL–8350–8]
Acetic acid, [(5-chloro-8-quinolinyl)
oxy]-, 1-methylhexyl ester
(Cloquintocet-mexyl); Pesticide
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is amending 40 CFR
180.560 to add a reference to the active
ingredient pyroxsulam to the tolerance
for the inert ingredient cloquintocetmexyl (acetic acid [(5-chloro-8quinolinyl) oxy]-, 1-methylhexyl ester;
CAS Reg. No. 99607–70–2) and its acid
metabolite (5-chloro-8quinolinoxyacetic acid). EPA is also
revising existing tolerance levels for
cloquintocet-mexyl in or on wheat,
forage and wheat, hay, and is removing
the specification of a 1:4 ratio inert
ingredient safener to active ingredient
from the tolerance expression. Dow
AgroSciences, LLC and Syngenta Crop
Protection requested the tolerance
amendments for the inert ingredient
safener cloquintocet-mexyl under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
March 5, 2008. Objections and requests
for hearings must be received on or
before May 5, 2008, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION ).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0555. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
E:\FR\FM\05MRR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Rules and Regulations]
[Pages 11814-11816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4263]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0080]
RIN 1625-AA00
Safety Zone; Bass Wedding Fireworks Display, San Francisco Bay,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
loading, transport, and launching of fireworks used to celebrate the
Bass Wedding Ceremony. The fireworks displays will be held on March 8,
2008, on San Francisco Bay. 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 11:59 a.m. on March 6, 2008, until
9:30 p.m. on March 8, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0080 and are available online
at www.regulations.gov. They are also available for inspection or
copying two locations: 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, and 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, U.S. Coast
Guard Sector San Francisco, at (415) 399-7436.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. 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, the 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 the fireworks display.
Background and Purpose
The Bass Wedding Party is sponsoring a brief fireworks display on
March 8, 2008 to celebrate the wedding of Mr. and Mrs. Bass. The
fireworks display is scheduled to launch at 9 p.m., on March 8, 2008,
and last approximately twenty minutes. The safety zone is being issued
to establish a temporary regulated area on 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. The safety zone around the launch barge is necessary to
protect spectators, vessels, and other property from the hazards
associated with the pyrotechnics on the fireworks barge.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of San Francisco Bay. During the loading of the
fireworks barge, while the barge is being towed to the display
location, and until 8:45 p.m. on March, 8, 2008, the safety zone will
apply to the navigable waters around and under the fireworks barge
within a radius of 100
[[Page 11815]]
feet. From 8:45 p.m. to 9:30 p.m. on March 8, 2008, the area to which
the 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 pyrotechnics onto the fireworks barge at 11:59 a.m. on
March 6, 2008, and will take place at Pier 20, 2900 Main Street, in
Alameda, CA. Towing of the barge from Pier 20 to the display location
is scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008.
During the fireworks display, scheduled to commence at 9 p.m., the
fireworks barge will be located approximately 600 feet off of Treasure
Island in San Francisco, CA in position 37[deg]49'12.90'' N,
122[deg]22'37.93'' W (NAD83).
The effect of the temporary safety zone will be to restrict general
navigation in the vicinity of the fireworks barge while the fireworks
are loaded at Pier 20 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 safety zone. This safety zone is
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 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 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 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 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
[[Page 11816]]
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
which guides 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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-T11-011 to read as follows:
Sec. 165-T11-011 Safety Zone; Bass Wedding Fireworks Display, San
Francisco, CA.
(a) Location. This temporary safety zone is established for the
waters of San Francisco Bay surrounding a barge used as a launch
platform for a fireworks display.
(1) Loading of pyrotechnics onto the fireworks barge will commence
at 11:59 a.m. on March 6, 2008, and will take place at Pier 20, 2900
Main Street, in Alameda, CA.
(2) Towing of the barge from Pier 20 to the display location is
scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008.
(3) During the fireworks display, scheduled to commence at 9 p.m.,
on March 8, 2008, the barge will be located 600 feet from Treasure
Island in San Francisco, CA in position 37[deg]49'12.90'' N,
122[deg]22'37.93'' W (NAD83).
(b) Enforcement Period. This section will be enforced from 11:59
a.m. on March 6, 2008, to 9:30 p.m. on March 8, 2008. If the events
conclude prior to their scheduled termination times, the Coast Guard
will cease enforcement of this safety zone and will announce that fact
via Broadcast Notice to Mariners.
(c) Regulations. (1) 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.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, San Francisco, or the designated
representative.
(3) Designated representative means any commissioned, warrant, and
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard
Auxiliary, local, state, or federal law enforcement vessel who is
authorized to act on behalf of the Captain of the Port, San Francisco.
(4) 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. Persons and vessels may request permission
to enter the safety zone on VHF-16 or the 24-hour Command Center via
telephone at (415) 399-3547.
(5) The U.S. Coast Guard may be assisted in the patrol and
enforcement of this safety zone by local law enforcement as necessary.
Dated: February 19, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E8-4263 Filed 3-4-08; 8:45 am]
BILLING CODE 4910-15-P
