Safety Zone; Benchmark Destination Corporate Party, Fireworks Display, San Francisco, CA, 19882-19885 [2010-8734]
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19882
Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations
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.
WReier-Aviles on DSKGBLS3C1PROD 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
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
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procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction.
Implementation of this action will not
result in any significant cumulative
impacts on the human environment;
does not involve a substantial change to
existing environmental conditions; and
is consistent with Federal, State, and/or
local laws or administrative
determinations relating to the
environment. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
■
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Add § 147.847 to read as follows:
§ 147.847 Safety Zone; BW PIONEER
Floating Production, Storage, and
Offloading System Safety Zone.
(a) Description. The BW PIONEER, a
Floating Production, Storage and
Offloading (FPSO) system, is in the
deepwater area of the Gulf of Mexico at
Walker Ridge 249. The FPSO can swing
in a 360 degree arc around the center
point of the turret buoy’s swing circle at
26°41′46.25″ N and 090°30′30.16″ W.
The area within 500 meters (1640.4 feet)
around the stern of the FPSO when it is
moored to the turret buoy is a safety
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zone. If the FPSO detaches from the
turret buoy, the area within 500 meters
around the center point at 26°41′46.25″
N and 090°30′30.16″ W is a safety zone.
(b) Regulation. No vessel may enter or
remain in this safety zone except the
following:
(1) An attending vessel;
(2) A vessel under 100 feet in length
overall not engaged in towing; or
(3) A vessel authorized by the
Commander, Eighth Coast Guard
District.
Dated: April 1, 2010.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2010–8735 Filed 4–15–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0150]
RIN 1625–AA00
Safety Zone; Benchmark Destination
Corporate Party, Fireworks Display,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters in San Francisco
Bay CA, in support of the Benchmark
Destination Corporate Party Fireworks
Display. This safety zone is being
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 10:45
a.m. through 9:30 p.m. on July 11, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0150 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0150 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
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between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Ensign Elizabeth Ellerson at
(415) 399–7436, or e-mail
Elizabeth.M.Ellerson@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in these
fireworks displays, it would be contrary
to the public interest to delay
implementation of the safety zone.
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 City of San Francisco will
sponsor the Benchmark Destinations
Corporate Party Fireworks Display on
July 11, 2010, on the navigable waters
of San Francisco Bay, CA. The fireworks
display is meant for entertainment
purposes. This safety zone establishes a
temporary restricted area on the waters
surrounding the fireworks launch site
during loading of the pyrotechnics, and
during the fireworks displays. This
restricted area around the launch site is
necessary to protect spectators, vessels,
and other property from the hazards
associated with the pyrotechnics on the
fireworks barges. The Coast Guard has
granted the event sponsor a marine
event permit for the fireworks displays.
Discussion of Rule
During the set up of the fireworks
display, at 10:45 a.m., until the start of
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19883
the fireworks displays, the temporary
safety zone applies to the navigable
waters around the fireworks sites within
a radius of 100 feet around the center of
the safety zone, located at: 37°48′56.34″
N, 122°22′36.18″ W. From 8:35 p.m.
until 9:10 p.m., the area to which the
temporary safety zone applies will
increase in size to encompass the
navigable waters around the fireworks
launch site within a radius of 1,000 feet.
At 9:30 p.m., the safety zone shall
terminate.
The effect of the temporary safety
zones will be to restrict navigation in
the vicinity of the fireworks sites while
the fireworks are set up, and until the
conclusion of the scheduled displays.
Except for persons or vessels authorized
by the 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 barges to ensure the safety of
participants, spectators, and transiting
vessels.
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.
Although this rule may affect owners
and operators of pleasure craft engaged
in recreational activities and
sightseeing, it will not have a significant
economic impact on a substantial
number of small entities for several
reasons: (i) This rule will encompass
only a small portion of the waterway for
a limited period of time; (ii) vessel
traffic can pass safely around the area;
(iii) vessels engaged in recreational
activities and sightseeing have ample
space outside of the affected areas of
San Francisco, CA to engage in these
activities; and (iv) the maritime public
will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule restricts access to
the waters encompassed by the safety
zones, the effect of this rule will not be
significant. The entities most likely to
be affected are pleasure craft engaged in
recreational activities. Vessel traffic will
be able to transit around the safety zone.
In addition, the rule will only restrict
access for a limited time. Finally, the
Public Broadcast Notice to Mariners will
notify the users of local waterway to
ensure that the safety zone will result in
minimum impact.
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
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Assistance for Small Entities
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. 75, No. 73 / Friday, April 16, 2010 / 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 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.
WReier-Aviles on DSKGBLS3C1PROD 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
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15:02 Apr 15, 2010
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of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 3306, 3701 50 U.S.C. 191, 195;
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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 § 165.T11–303 to read as
follows:
■
§ 165.T11–303 Safety Zone; Benchmark
Destinations Corporate Party, Fireworks
Display, San Francisco, CA.
(a) Location. (1) This temporary safety
zone is established for the waters of San
Francisco Bay in San Francisco, CA.
The fireworks launch sites will be
located in position: 37°48′56.34″ N,
122°22′36.18″ W (NAD 83).
(2) During the loading of the
fireworks, on 10:45 a.m. July 11, 2010,
and until the start of the fireworks
displays at 8:35 p.m., the area of the
safety zone consists of the navigable
waters around the fireworks sites within
a radius of 100 feet.
(3) From 8:35 p.m. until 9:30 p.m. on
July 11, 2010, the area to which the
temporary safety zone applies will
increase in size to encompass the
navigable waters around the fireworks
site within a radius of 1,000 feet.
(4) At 9:30 p.m. on July 11, 2010, this
safety zone shall terminate.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–16 or through the 24hour Command Center at telephone
415–399–3547.
(d) Effective period. This section is
effective from 10:45 a.m. through 9:30
p.m. on July 11, 2010.
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Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations
Dated: April 7, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2010–8734 Filed 4–15–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Restricted Areas and Danger Zone at
Naval Station Mayport, FL
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AGENCY: United States Army Corps of
Engineers, Department of Defense.
ACTION: Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is revising its
regulations by expanding the existing
restricted area as well as establishing
two new restricted areas and a new
danger zone in the waters adjacent to
and within the boundaries of Naval
Station (NAVSTA) Mayport in Florida.
The NAVSTA Mayport is the third
largest naval facility in the continental
United States and is unique in that it is
home to a busy seaport as well as an air
facility which conducts more than
135,000 flight operations each year. This
amendment to the existing regulation is
necessary to enhance the safety of the
local community by ensuring safe
navigation of the adjacent waterways, to
preserve military security force
protection measures, and to adhere to
military munitions regulations.
DATES: Effective date: May 17, 2010.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO (David B.
Olson), 441 G Street, NW., Washington,
DC 20314–1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Jon M. Griffin, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat 892; 33 U.S.C. 3), the Corps is
amending the regulations in 33 CFR part
334 by expanding the existing restricted
area as well as establishing two new
restricted areas and a new danger zone
in Florida within the NAVSTA Mayport
facilities and along the facility
shoreline. This will allow the
Commanding Officer, NAVSTA Mayport
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to restrict passage of persons, watercraft,
and vessels in waters contiguous to his/
her Command to meet Department of
Defense directive O–2000.12–H Chapter
C22.14 and United States Fleet Forces
Antiterrorism Operation Order 3300–09
requirements for Waterside Security and
Naval Vessel Protection Zones. The
amendment also addresses public safety
concerns associated with increased
vessel traffic in the waterways adjacent
to the NAVSTA Mayport facility,
especially during munitions movement
in and around the munitions wharves.
The proposed rule was published in
the January 25, 2010, issue of the
Federal Register (75 FR 3883), and its
regulations.gov docket number is COE–
2009–0063. Only one comment was
received in response to the proposed
rule and it was supportive of the
proposal.
Procedural Requirements
a. Review Under Executive Order
12866. This regulation is issued with
respect to a military function of the
Department of Defense and the
provisions of Executive Order 12866 do
not apply.
b. Review Under the Regulatory
Flexibility Act. The regulation has been
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). The Corps has
determined that this regulation would
have practically no economic impact on
the public, or result in no anticipated
navigational hazard or interference with
existing waterway traffic. This
regulation will have no significant
economic impact on small entities.
c. Review Under the National
Environmental Policy Act. This
regulation will not have a significant
impact to the quality of the human
environment and, therefore, preparation
of an environmental impact statement is
not required. An environmental
assessment has been prepared. It may be
reviewed at the district office listed at
the end of FOR FURTHER INFORMATION
CONTACT above.
d. Unfunded Mandates Act. This
regulation does not impose an
enforceable duty among the private
sector and, therefore, is not a Federal
private sector mandate and is not
subject to the requirements of Section
202 or 205 of the Unfunded Mandates
Reform Act (Pub. L. 104–4, 109 Stat. 48,
2 U.S.C. 1501 et seq.). We have also
found under Section 203 of the Act that
small governments will not be
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19885
significantly or uniquely affected by this
rule.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
■ For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for part 334
continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Revise § 334.500 to read as follows:
§ 334.500 St. Johns River, Atlantic Ocean,
Sherman Creek; restricted areas and
danger zone, Naval Station Mayport,
Florida.
(a) The areas. (1) The St. Johns River
restricted area and the Atlantic Ocean
restricted area described in paragraphs
(a)(2) and (a)(3) of this section,
respectively, are contiguous but each
area is described separately for
clarification.
(2) St. Johns River restricted area. This
restricted area shall encompass all
navigable waters of the United States, as
defined at 33 CFR 329, within the area
bounded by a line connecting the
following coordinates: Commencing
from the shoreline at latitude
30°23′52.97″ N, longitude 081°25′36.51″
W; thence to latitude 30°23′56.71″ N,
longitude 081°25′36.51″ W; then the line
meanders irregularly, follow the
shoreline at a distance of 380 feet
seaward from the mean high water line
to a point at latitude 30°23′54.20″ N,
longitude 081°24′14.11″ W, thence
proceed directly to latitude 30°23′46.33″
N, longitude 081°24′03.73″ W, then the
line meanders irregularly, follow the
shoreline at a distance of 380 feet
seaward from the mean high water line
to a point at latitude 30°23′53.08″ N,
longitude 081°23′34.00″ W, thence
follow the arc of a circle with a radius
of 466 feet, centered at latitude
30°23′48.52″ N, longitude 081°23′33.30″
W, to a point on the jetty at latitude
30°23′50.06″ N, longitude 081°23′28.26″
W.
(3) Atlantic Ocean restricted area.
From the last point identified in
paragraph (a)(2) of this section, latitude
30°23′50.06″ N, longitude 081°23′28.26″
W, proceed to a point at latitude
30°23′49.12″ N, longitude 81°23′28.10″
W, then the line meanders irregularly,
follow the shoreline at a distance of 380
feet seaward from the mean high water
line to a point at latitude 30°22′54.37″
N, longitude 081°23′44.09″ W, thence
E:\FR\FM\16APR1.SGM
16APR1
]]>Agencies
[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Rules and Regulations]
[Pages 19882-19885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8734]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0150]
RIN 1625-AA00
Safety Zone; Benchmark Destination Corporate Party, Fireworks
Display, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters in San Francisco Bay CA, in support of the Benchmark
Destination Corporate Party Fireworks Display. This safety zone is
being 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 10:45 a.m. through 9:30 p.m. on July
11, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0150 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0150 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590,
[[Page 19883]]
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Ensign Elizabeth Ellerson at (415) 399-7436, or e-
mail Elizabeth.M.Ellerson@uscg.mil. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the pyrotechnics used in these fireworks displays, it would be contrary
to the public interest to delay implementation of the safety zone.
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 City of San Francisco will sponsor the Benchmark Destinations
Corporate Party Fireworks Display on July 11, 2010, on the navigable
waters of San Francisco Bay, CA. The fireworks display is meant for
entertainment purposes. This safety zone establishes a temporary
restricted area on the waters surrounding the fireworks launch site
during loading of the pyrotechnics, and during the fireworks displays.
This restricted area around the launch site is necessary to protect
spectators, vessels, and other property from the hazards associated
with the pyrotechnics on the fireworks barges. The Coast Guard has
granted the event sponsor a marine event permit for the fireworks
displays.
Discussion of Rule
During the set up of the fireworks display, at 10:45 a.m., until
the start of the fireworks displays, the temporary safety zone applies
to the navigable waters around the fireworks sites within a radius of
100 feet around the center of the safety zone, located at:
37[deg]48'56.34'' N, 122[deg]22'36.18'' W. From 8:35 p.m. until 9:10
p.m., the area to which the temporary safety zone applies will increase
in size to encompass the navigable waters around the fireworks launch
site within a radius of 1,000 feet. At 9:30 p.m., the safety zone shall
terminate.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the fireworks sites while the fireworks
are set up, and until the conclusion of the scheduled displays. Except
for persons or vessels authorized by the 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 barges to ensure the safety of participants,
spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the safety zones, the effect of this rule will not be significant. The
entities most likely to be affected are pleasure craft engaged in
recreational activities. Vessel traffic will be able to transit around
the safety zone. In addition, the rule will only restrict access for a
limited time. Finally, the Public Broadcast Notice to Mariners will
notify the users of local waterway to ensure that the safety zone will
result in minimum impact.
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.
Although this rule may affect owners and operators of pleasure
craft engaged in recreational activities and sightseeing, it will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will encompass only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic can pass safely around the area; (iii) vessels engaged in
recreational activities and sightseeing have ample space outside of the
affected areas of San Francisco, CA to engage in these activities; 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
[[Page 19884]]
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 require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a safety
zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 3306,
3701 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 Sec. 165.T11-303 to read as follows:
Sec. 165.T11-303 Safety Zone; Benchmark Destinations Corporate Party,
Fireworks Display, San Francisco, CA.
(a) Location. (1) This temporary safety zone is established for the
waters of San Francisco Bay in San Francisco, CA. The fireworks launch
sites will be located in position: 37[deg]48'56.34'' N,
122[deg]22'36.18'' W (NAD 83).
(2) During the loading of the fireworks, on 10:45 a.m. July 11,
2010, and until the start of the fireworks displays at 8:35 p.m., the
area of the safety zone consists of the navigable waters around the
fireworks sites within a radius of 100 feet.
(3) From 8:35 p.m. until 9:30 p.m. on July 11, 2010, the area to
which the temporary safety zone applies will increase in size to
encompass the navigable waters around the fireworks site within a
radius of 1,000 feet.
(4) At 9:30 p.m. on July 11, 2010, this safety zone shall
terminate.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-16 or through
the 24-hour Command Center at telephone 415-399-3547.
(d) Effective period. This section is effective from 10:45 a.m.
through 9:30 p.m. on July 11, 2010.
[[Page 19885]]
Dated: April 7, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-8734 Filed 4-15-10; 8:45 am]
BILLING CODE 9110-04-P
