Safety Zone; Bass Wedding Fireworks Display, San Francisco Bay, CA, 11814-11816 [E8-4263]

Download as PDF 11814 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: http://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, PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05MRR1.SGM 05MRR1 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 VerDate Aug<31>2005 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05MRR1.SGM 05MRR1 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 http:// 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 05MRR1

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]


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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.


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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